Terms of Use and Membership

 

Coolvacation.com LLC Web Site and Mebership Terms & Conditions

Agreement between User and coolvacation.com Incorporated

coolvacation.com is owned and operated by coolvacation.com LLC (“coolvacation.com”, “Coolvacation”, or “we”). This web site (“Site”) is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of coolvacation.com and its third-party suppliers or providers including, without limitation, the airlines, hotels, rental car companies and other travel suppliers that provide travel or other services through this Site (such third parties collectively referred to as the “Travel Service Providers”). BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Coolvacation.com reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN COOLVACATION.COM’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

         I.            GENERAL TERMS AND CONDITIONS

  1. Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of coolvacation.com and the Travel Service Providers. Reproduction or storage of information or works retrieved from this Site, 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, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

  1. Trademark Notice

“COOLVACATION.COM is registered service marks of coolvacation.com. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of coolvacation.com or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

  1. Acceptable Use/License

Coolvacation grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to coolvacation.com and/or its Travel Service Providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:

          i.            access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of coolvacation.com;

         ii.            violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;

        iii.            take any action that imposes, or may impose, in the discretion of coolvacation.com, an unreasonable or disproportionately large load on the coolvacation.com infrastructure;

       iv.            deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose.

        v.            deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;

       vi.            deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

      vii.            deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

     viii.            deliver or provide links to, any postings containing defamatory, false or libelous material.

       ix.            deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

        x.            deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;

       xi.            manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

      xii.            use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

     xiii.            attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or

     xiv.            obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a “Request”) and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. 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 Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. 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.

Coolvacation reserves the right to cancel any airline, hotel or rental car reservation or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.

  1. Accounts, Security, Passwords

You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify coolvacation.com immediately of any unauthorized use of your account. Coolvacation.com is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

  1. Privacy Policy

You confirm that you have read our 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 coolvacation.com and/or its Travel Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, Coolvacation.com makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Coolvacation.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

  1. Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. COOLVACATION.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, COOLVACATION.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. COOLVACATION.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. COOLVACATION.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

COOLVACATION.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, 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 SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

  1. Minors

Persons under the age of 18 are not eligible to use any services on our Site

  1. General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COOLVACATION.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES’ CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS,RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

No Covered Party shall be responsible for any Travel Service Provider’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 Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider’s failure to comply with this Agreement nor for any Travel Service Provider’s failure to comply with applicable federal, state, provincial and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by coolvacation.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

  1. Indemnification

You agree to defend and indemnify Coolvacation and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:

  1. your breach of this Agreement
  2. your violation of any law or the rights of a third party; or
  3. your use of this Site in violation of this Agreement.
  4. Third Parties

If you use this Site to submit Requests for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

  1. User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to coolvacation.com in connection with your use of this Site (collectively, “Comments”), shall be and remain the exclusive property of coolvacation.com and may be used by coolvacation.com in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights. By providing your Comments to coolvacation.com, you are indicating your consent to coolvacation.com’s use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of coolvacation.com or its content providers, advertisers, sponsors, affiliated or related entities, and coolvacation.com makes no representations or warranties regarding any Comment. Coolvacation.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk. Coolvacation.com is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any Comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

  1. Response to Requests

While coolvacation.com will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither coolvacation.com nor its Travel Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

  1. Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Coolvacation.com does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply coolvacation.com’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

  1. Modification/Termination of Usage

Coolvacation.com reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, coolvacation.com shall not be liable to you or any third-party for any termination of your access to this Site.

  1. Pricing Errors

We endeavor to publish and maintain accurate prices and information for the services we offer, including but not limited to our Cool Vacation Token services. Our Travel Service Providers provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from our Travel Service Providers, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect Travel Service Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.

  1. Electronic Notification

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

  1. International Use

Accessing materials on this Site by certain persons in certain countries may not be lawful, and coolvacation.com makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, other than the countries listed here. If you are resident in a country other than the counties listed here, you must not transact business with this Site.

  1. Hyperlinks

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of coolvacation.com.

  1. Miscellaneous

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. To the extent permitted by applicable law, the internal laws of the State of Connecticut shall govern the performance of this Agreement and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Fairfield County, Connecticut, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within two (2) years from the date on which such claim or action arose or accrued.

        II.            TRAVEL SERVICES

  1. General
  2. International Travel: Passports, Visas, and Hazards

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Coolvacation therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For State Department travel warnings and advisories, go to travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.dot.gov; www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. At Coolvacation, we have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html.

or

BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

  1. Travel Service Providers

You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by coolvacation.com, including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider’s conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in coolvacation.com debiting your account for any costs coolvacation.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non performance of any Travel Service Provider, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.

At Coolvacation, we have no special knowledge regarding the suitability for disabled persons of any portion of any tour or other reservation. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the Travel Service Supplier directly.

  1. Important Information Regarding Exchange Rates

Purchases made on our Site are transacted exclusively in United States Dollars (USD). If you make a purchase from us using a non-USD-denominated credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact USD amount initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

  1. Best Price Guarantee and Big Deal Guarantee

We want you to pay the lowest price possible when you use one of our travel products.

  1. Tours and Attractions Component Restrictions

Any package or other travel product that includes a tour or attraction purchase is subject to the restrictions listed in the Tours and Attractions section below and is subject to the restrictions set forth by the tour and attraction provider.

  1. Airline Service Restrictions
  2. General
    1. Airline tickets available through this Site are subject to the published conditions of carriage and rules of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time – schedule changes can result in an itinerary that falls outside of contractual agreements.
    2. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to coolvacation.com’s Airline Service.
    3. Airline tickets purchased on our site must include at least one adult passenger over the age of 18 on the same reservation.
  3. Non-Use of Flight Segments

You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “point-beyond”, “hidden-city”, or “back-to-back tickets”. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify the Covered Parties against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.

  1. Taxes and Fees Charges on Published Price Airline Tickets

Government imposed taxes and fees and any applicable airline imposed fees are either included in your fare or itemized separately on your checkout page to provide a trip cost. For international flights, as described below, Entry or Exit Fees may be charged that are not included in your fare or itemized separately on your checkout page. Coolvacation does not charge a booking or processing fee on published-price airline tickets; however, paper ticket fees, itinerary change/cancellation/refund fees, baggage fees and Entry or Exit fees on certain international flights may apply to your itinerary, as described below;

  1. Paper Ticket Fees: A $24.95 USD shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional $24.95 USD re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase.
  2. Itinerary Changes/Cancellations/Refunds: Air travel itinerary changes, if permitted by the fare, may have a change fee charged by the airline typically ranging between $100 and $250 USD per ticket that will vary by market, carrier and specific fare rule. In addition, any changes to your itinerary will incur a $30 USD per ticket Coolvacation change or cancellation fee.
  3. Baggage Fees: The airlines may require you to pay additional fees at the airport if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.
  4. Entry/Exit Fees: If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country’s entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.
  5. Airline Services

In addition, the following restrictions apply to coolvacation.com’s Cool Vacation Token airline service:

          i.            All tickets are non-refundable, non-cancellable, non-endorsable and non-changeable. At the time your Request is accepted, your method of payment will be charged for the amount shown, regardless of whether or not the airline ticket is used. Credit will not be given for any unused airline tickets and cannot be used toward any future purchases;

         ii.            Once a coolvacation.com Request is submitted, it cannot be modified by you;

        iii.            All travel will be round-trip with no unscheduled stopovers or open-jaw travel (i.e. destination of outbound flight and origin of return flight are not the same) permitted. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary;

       iv.            Frequent Flyer mileage and upgrades will not be permitted. Standbys and other uses of frequent flyer miles will not be permitted; and

        v.            All tickets will be issued for Economy class only.

Taxes and Fees Charges: If you submit a Cool Vacation Token Request for airline tickets, you agree that if tickets satisfying your Cool Vacation Token Request are located, the amount of the submitted Cool Vacation Token Request, and taxes, charges, surcharges, shipping/handling and/or processing or other fees, which are described in more detail in the click through “Taxes and Fees” will be automatically charged to the method of payment you provided to coolvacation.com. The “Total Trip Cost” will be disclosed to you before you submit your Request. Our fee for fulfilling a Request is included in the amount of your Request. In addition, we charge a separate and additional processing fee, which is included in the “Taxes and Fees” amount disclosed to you. The fee amount varies depending upon airfare, carrier, destination and other factors and applies to both e-tickets and paper tickets. The processing fee is not applied to published price airline tickets.

For certain international destination Cool Vacation Token airline tickets, government imposed taxes and fees and airline imposed fees will be included in your offer price; however, for these international destination itineraries, the coolvacation processing fee will not be included in your offer price. The total cost of the ticket including all taxes and fees will be disclosed to you prior to purchase. For international flights, as described below, Entry or Exit Fees may be charged that are not included in your fare or itemized separately on your checkout page.

Paper Ticket Fees: A $24.95 USD shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional $24.95 USD re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase.

Baggage Fees: The airlines may require you to pay additional fees at the airport if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.

Entry/Exit Fees: If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in your offer price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country’s entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.

  1. Hotel Service Restrictions
  2. General
  3. Check In: Upon check-in, guests must present a valid ID and credit card or, in the hotel’s discretion, debit card, in their name that is consistent with the transactional details provided to coolvacation.com (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
  4. Double Occupancy: All hotel reservations are guaranteed for double occupancy (one double bed or two twin beds).
  5. Late Arrival and Failure to Check-in on First Night: While you should call Coolvacation if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
  6. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call Coolvacation customer service.
  7. Hotel Accommodations and Special Requests: Depending upon which Coolvacation.com hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel’s discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Coolvacation.com has no control over which room a hotel will assign to you, Coolvacation.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
  8. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
  9. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to coolvacation.com’s hotel services.
  10. Hotel Star Ratings (General): Coolvacation.com’s star rating system is provided for your reference. Like other well-known hotel rating systems, coolvacation.com considers a number of factors in evaluating the quality of participating hotels such as: amenities, facilities, reputation, brand, other rating services, customer feedback from guests who have stayed at the hotel, etc., to assign a single star rating. Coolvacation.com screens participating hotels carefully and updates our information periodically to ensure the validity of our ratings. Our ratings systems may sometimes differ from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our star rating system is equal to or consistent with any other star rating system and reserve the right to change a hotel’s rating at any time with or without notice.
  11. Prices: Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
  12. Merchant Price Disclosed Hotel Service

Coolvacation.com’s Merchant Price Disclosed Hotel Service are hotel services whereby the price of the hotel is disclosed to the User in advance of booking (i.e., non-Cool Vacation Token hotel service) and whereby coolvacation.com acts as the merchant of record on the transaction (i.e., directly charges your credit or debit card and not the hotel).

Hotel bookings made available through coolvacation.com’s Merchant Price Disclosed Hotel Service are subject to the disclosed terms and conditions on your contract page and the disclosed terms and conditions of the applicable hotel you select.

The “Total Charges” that you will pay for using our Merchant Price Disclosed Hotel Service will always be disclosed to you before you submit your Request.

  1. Charges for Taxes and Fees: In connection with facilitating a Merchant Price Disclosed Hotel transaction, we will charge your method of payment for Taxes and Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we anticipate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving Merchant Price Disclosed Hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the Merchant Price Disclosed property you stay at you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc.. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel’s discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.

Please note that we are unable to facilitate a rebate of Canadian Goods and Services Tax (“GST”) for customers booking Canadian Merchant Price Disclosed hotel accommodations utilizing our services.

  1. Cool Vacation Token Hotel Service
  2. Additional Restrictions. In addition to the restrictions described above in the Merchant Price Disclosed Hotel Service Section, the following restrictions apply to coolvacation.com’s Cool Vacation Token hotel service:
  3. All hotel reservations are non-cancelable, non-refundable, non-changeable and non-transferable by you. Once you purchase a reservation, your method of payment will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused reservations and cannot be used toward any future purchases;
  4. Once a coolvacation.com Request is submitted, it cannot be modified by you; and
  5. Upon check-in, guests must present a valid ID and credit card or, in the hotel’s discretion, debit card, in their name that is consistent with the transactional details provided to coolvacation.com (the amount of available credit required will vary by hotel). Debit cards may not be accepted.

We or the applicable hotel may, on an exception basis and at the request of the hotel guest, waive one or more of the restrictions after the hotel room has been booked. We may, in our discretion, impose additional obligations and/or fees in connection with any such waiver. No User waiver requests will be accepted or considered prior to or as part of a Request.

You agree that if a hotel accepts your offer, coolvacation.com will confirm the reservation and charge the entire amount of the stay, including applicable Taxes and Fees (as described below) disclosed to you before submitting an offer, to your method of payment. The price you name is per night and does not include coolvacation.com’s charge to you for Taxes and Fees.

  1. Charges for Taxes and Service Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and Fees. This charge includes an estimated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the property you stay at you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc.. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel’s discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.

Please note that we are unable to facilitate a rebate of Canadian Goods and Services Tax (“GST”) for customers booking Canadian hotel accommodations utilizing our services.

  1. Hotel Accommodations and Special Requests: All Cool Vacation Token hotel reservations are guaranteed for double occupancy (one double bed or two twin beds). Coolvacation.com requests that our hotel suppliers provide non-smoking rooms. However, room assignments are based on hotel availability and are at the hotel’s discretion. We cannot guarantee a non-smoking room, nor can we guarantee you will have one bed or two. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Coolvacation.com does not know which hotel will match with your Cool Vacation Token offer prior to your submission of your offer and since Coolvacation.com has no control over which room a hotel will assign to you, Coolvacation.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. A hotel reservation cannot be refunded, canceled or modified on the basis that a special request was not (or could not be) met by the hotel.
  2. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel after your booking is made and verify that your needs can be met. If your disability needs cannot be accommodated by the hotel, please call Coolvacation customer service. Since Coolvacation.com does not know which hotel will match with your Cool Vacation Token offer prior to your submission of your offer and since Coolvacation.com has no control over which room a hotel will assign to you, Coolvacation.com cannot accommodate disability needs in advance of your booking.
  3. Hotel Star Ratings (Name Your Own Price®): When using our Cool Vacation Token service, Coolvacation.com will book your reservation in a property with at least an equal or higher star level than you requested. Please note that it is possible that the hotel you are booked in could be a Resort, which will at least meet the minimum qualifications of the star level you initially requested.
  4. Median Retail Price: The “median retail price” which we may display to you is the median of the lowest rates our participating hotels are offering to the general public for the exact or approximate travel dates you selected based on information our hotel suppliers have loaded. These rates are based on the quality level you chose, the city, and the area you selected. These rates are available through our disclosed hotel service or were recorded at the time of booking and do not include rates that are restricted to membership programs (such as AAA, AARP, etc.), Government rates, negotiated corporate rates, etc. Although we routinely review this data, we make no guarantee or warranty, either express or implied, with respect to the accuracy or completeness of the data used or provided. Further, we make no guarantee or warranty that a room will be available below or within the disclosed price range. The ranges are provided to you solely for information purposes and are not actual rates. All hotel pricing information available on this Site is subject to change without notice.
  5. Agency Hotel Service

For Coolvacation.com’s Agency Hotel Service, Coolvacation is not the merchant of record and does not charge your credit card. For these transactions, you will be notified in the “Important Information” section of your contract page that your credit card will be used to guarantee the reservation. You will also be told in the “Important Information” section that the hotel will charge you directly for room and tax. You will be provided with a “Total Estimated Charges” line item on your contract page that will provide you with an estimate of what the hotel will charge you and you will be notified whether or not that estimate includes taxes. In addition, certain of our Agency hotel offerings may be labeled as either “Pay When You StaySM” or “Book Now, Pay LaterSM“. These “Pay When You StaySM” or “Book Now, Pay LaterSM” offerings are Agency Hotel Services provided by coolvacation.com through its foreign subsidiary Booking.com B.V., which is headquartered and operates in Amsterdam, the Netherlands. Through the Agency Hotel Service, coolvacation.com and/or Booking.com B.V. (as the case may be), provides an online platform through which hotels (including other types of temporary accommodation) can advertise their rooms for reservation, and through which visitors to the website can make reservations. By making a Agency Hotel Service reservation, you enter into a direct (legally binding) contractual relationship with the hotel at which you book. From the point at which you make your Agency Hotel Service reservation, coolvacation.com and/or Booking.com B.V. (as the case may be), acts solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel.

For Agency Hotel Service transactions, the information that we disclose regarding each hotel is based on the information provided to us by the hotel. As such, the hotels are given access to a platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed. Hotels offered through our Agency Hotel Service do not constitute and should not be regarded as a recommendation or endorsement by us of (the quality, service level or rating of) any hotel made available.

  1. Charges for Taxes and Service Fees: We will not charge you when you complete an Agency transaction. You will be charged directly by the hotel. Unless expressly stated, taxes and service fees are excluded from your room rate, and in addition to the “Total Estimated Charges” shown, you will be charged applicable taxes, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes, by the hotel you select.
     
  2. All “Pay When You StaySM“/”Book Now, Pay LaterSM” hotel service prices are per room for your entire stay and are displayed including VAT and all other taxes, unless stated differently. Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
    Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
     
  3. Credit card: Agency Hotel Service reservations require credit or debit card details in order to guarantee your reservation. As such, we will send your credit or debit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well.
    For certain rates or special offers that state that a deposit is required (which will be disclosed in the Important Information section of your contract page), please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.
     
  1. Cancellation: You accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy is made available on our website at the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers that require an up front deposit to the hotel (which will be disclosed in the Important Information Section of your contract page) are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.
    If you wish to review, adjust or cancel, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making an Agency Hotel Service reservation.
  1. Rental Car Service Restrictions
  1. General

Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.

The “Total Charges” that you will pay for using our Cool Vacation Token rental car service will always be disclosed to you before you submit your Request.

  1. Charges for Taxes and Service Fees

In connection with facilitating your Cool Vacation Token rental car transaction, we will charge your method of payment, in addition to the price you name, a charge for Taxes and Fees (an amount that will always be disclosed to you before you elect to proceed). This charge includes an amount to recover the amount we pay to the rental car supplier in connection with your reservation for taxes, fees and surcharges owed by the rental car supplier including, without limitation, sales and use tax, excise tax, value added tax, airport or facility taxes, surcharges or fees and/or other similar taxes, surcharges or fees. The amount of this charge is intended by us to be sufficient to cover the amount we may be required to pay to a rental car supplier, and may be greater or less than the amount we actually pay the rental car supplier in connection with your reservation for taxes, fees and surcharges. The balance of the charge for Taxes and Fees is a fee which we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs and additional fees. The charge for Taxes and Fees varies based on a number of factors, including, without limitation, the amount you pay to coolvacation.com and the location at which you will pick-up your car from the rental car supplier.

We are not the vendor collecting and remitting taxes to the applicable taxing authorities. The rental car companies, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

In connection with facilitating your price-disclosed rental car transaction (i.e., those transactions where you do not “Cool Vacation Token “), we will provide you with a breakdown of the estimated taxes, fees and surcharges that may apply to your transaction. We will not charge you for these taxes, fees and surcharges, but the car rental supplier will charge you taxes, fees and surcharges at the time you rent your car.

  1. Cool Vacation Token Rental Car Service

Additional Restrictions. In addition, the following restrictions will apply to rental car Requests made using our Cool Vacation Token service:

  1. If coolvacation.com finds a rental car company willing to accept your Request, coolvacation.com will immediately charge your method of payment the total cost of the rental transaction including applicable Taxes and Service Fees (see above);
  2. Coolvacation.com rental car reservations are non-changeable, non-endorsable, non-transferable and non-refundable;
  3. Valid Driver’s License AND credit card or, in the rental car company’s discretion, debit card, which is consistent with the transactional details provided to coolvacation.com, must be presented when a vehicle is picked-up at the designated location;
  4. When picking up the vehicle, a credit card or, in the rental car company’s discretion, debit card, will be required to pay for any additional ancillary charges (including insurance, child seats, gas, etc.). Debit cards may not be accepted;
  5. Coolvacation.com does NOT provide rental car insurance. It is the customer’s sole responsibility to determine the applicability and eligibility of any pre-existing insurance coverage. Coolvacation.com’s car rental suppliers generally offer several insurance alternatives as incremental and completely distinct transactions with the customer agreed to at the time of pick-up;
  6. All rentals will include Time and Mileage (“T&M”), as well as all Taxes, Fees, and Surcharges (“TFS”) associated with the T&M for the rental based on the timing and pick-up/drop-off of the rental; and
  7. Express service and loyalty programs (frequent flyer points, frequent rental points, etc.) are not applicable to coolvacation.com rentals.

We may, on an exception basis and at the request of the customer, waive the restrictions identified above after the rental has been reserved. We may, in our discretion, impose additional obligations and/or fees in connection with any such waiver. No User waiver requests will be accepted or considered prior to or as part of a coolvacation.com Request.

  1. Vacation Package Restrictions
  1. General

The following restrictions apply to components of your Vacation Package:

  1. Vacation Package Cancellations/Itinerary Changes Cancellation policies vary based upon the travel components in your package. The applicable cancel policy for individual reservations can be reviewed in the “Important Information” section on the website prior to purchase. When cancellations or changes are allowed, the airline, hotel or rental car company may charge a cancellation fee or penalty.
  1. Air: Coolvacation Negotiator Flight tickets are non-cancelable, non-transferable and non-changeable and no refunds are allowed.

Retail Air: Air travel itinerary changes, if permitted for the fare, may have a change fee charged by the airline typically ranging between $100 and $250 USD per ticket that will vary by market, carrier and specific fare rule. Credit will not be given for unused airline tickets and cannot be used toward future purchases. In addition, any changes to your itinerary will incur a $30 USD per ticket Coolvacation change or cancellation fee.

  1. Hotel: Coolvacation Value Rate hotel room reservations are non-cancelable, non-transferable and non-changeable and no refunds are allowed.

Cancel policies for all other room types vary based on hotel policy and can be reviewed when you select your room type as well as in the “Important Information” section on the website.

If you are going to be delayed or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. Failure to check in to your hotel on the date of your reservation may result in the remaining portion of your reservation being cancelled.

  1. Rental Car: Discounted rental car reservations associated with a Coolvacation Vacation Package are non-cancelable, non-transferable and non-changeable and no refunds are allowed.
  1. Airline Component Restrictions
  1. General: Airline tickets available through this Site are subject to the published conditions of carriage and rules of the applicable airline. The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline and the passenger. Airlines retain the right to adjust flight times and schedules at any time – schedule changes can result in an itinerary that falls outside of contractual agreements.
  1. Non-Use of Flight Segments: You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “point-beyond”, “hidden-city”, or “back-to-back tickets”. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify the Covered Parties against airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
  1. Taxes and Fees Included in Your Package Price: In connection with facilitating your Vacation Package transaction, the charge to your debit or credit card for the total Vacation Package price will include a charge for Taxes and Fees. These taxes and government imposed fees related to the airline ticket component of your Vacation Package will be included in your Vacation Package price and paid to your airline and are described in more detail in the click through “Taxes and Fees.” For international flights, as described below, Entry or Exit Fees may be charged that are not included in your fare or itemized separately on your checkout page.
     
  2. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to coolvacation.com’s Airline Service.
     
  3. Fees Not Included in Your Package Price

These fees are not included in your Vacation Package price:

Paper Ticket Fees: A $24.95 USD shipping and handling fee will be charged if your itinerary requires the issuance of paper tickets. If your tickets are rerouted or are undeliverable and are returned, there will be an additional $24.95 USD re-handling fee. Note: This fee, if applicable, will be displayed on your contract prior to purchase. It is not included in the listed Vacation Package price.

Baggage Fees: The airlines may require you to pay additional fees at the airport if you exceed certain limits as dictated by the airline, such as the number of bags or weight allowed, and some airlines do not offer a free baggage allowance.

Entry/Exit Fees: If you are traveling internationally, some countries or airports charge fees upon entering and/or exiting the country. These fees are not included in the ticket price, or the taxes and fees we display on our website prior to purchase. For more information on a specific country’s entry/exit fee, we suggest that you visit www.travel.state.gov prior to departure.

  1. Coolvacation Partner Airline Component of Your Vacation Package: In addition, the following restrictions apply to Coolvacation Partner Airline tickets booked as part of your Vacation Package:
  •  
    1. All travel will be round-trip with no unscheduled stopovers or open-jaw travel (i.e. destination of outbound flight and origin of return flight are not the same) permitted. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary;
    2. Frequent Flyer mileage and upgrades will not be permitted. Standbys and other uses of frequent flyer miles will not be permitted; and
    3. All tickets will be issued for Economy class only.
  1. Hotel Component Restrictions
  1. General
    1. Hotel room bookings made available through coolvacation.com’s Vacation Package service are subject to the disclosed terms and conditions of the applicable hotel.
    2. Check In: Upon check-in, guests must present a valid ID and credit card or, in the hotel’s discretion, debit card, in their name that is consistent with the transactional details provided to coolvacation.com (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
    3. Double Occupancy: All hotel reservations are guaranteed for double occupancy (one double bed or two twin beds).
    4. Late Arrival and Failure to Check-in on First Night: While you should call Coolvacation if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
    5. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call Coolvacation customer service.
    6. Hotel Accommodations and Special Requests: Depending upon which Coolvacation.com hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel’s discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Coolvacation.com has no control over which room a hotel will assign to you, Coolvacation.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
    7. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
    8. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to coolvacation.com’s hotel services.
    9. Hotel Star Ratings (General): Coolvacation.com’s star rating system is provided for your reference. Like other well-known hotel rating systems, coolvacation.com considers a number of factors in evaluating the quality of participating hotels such as: amenities, facilities, reputation, brand, other rating services, customer feedback from guests who have stayed at the hotel, etc., to assign a single star rating. Coolvacation.com screens participating hotels carefully and updates our information periodically to ensure the validity of our ratings. Our ratings systems may sometimes differ from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our star rating system is equal to or consistent with any other star rating system and reserve the right to change a hotel’s rating at any time with or without notice.
  1. Charges for Taxes and Fees: In connection with facilitating your Vacation Package transaction, the charge to your debit or credit card for the total Vacation Package price will include a charge for Taxes and Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we anticipate and include in the charge to you.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, include all applicable taxes in the amount billed to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location. We do not charge a Coolvacation service fee for facilitating your vacation package transaction.

For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the city and property you stay in, you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel’s discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.

  1. Rental Car Component Restrictions
  1. General: Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.
  1. Charges for Taxes and Fees: In vacation package transactions involving rental cars, the charge for Taxes and includes an estimated amount to cover taxes, fees and surcharges owed by the rental car supplier including, without limitation, sales and use tax, excise tax, value added tax, airport or facility taxes, surcharges or fees and/or other similar taxes, surcharges or fees. The charge for Taxes and Fees varies based on a number of factors, including, without limitation, the amount you pay to Coolvacation and the location at which you will pick-up your car from the rental car supplier.

We are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our rental car suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

  1. Cruises

Coolvacation Cruises are offered through a partnership with World Travel Holdings, Inc. (“WTH”). When you purchase or book a cruise, you are subject to the Terms & Conditions of WTH. Please click here for WTH’s Terms & Conditions.

  1. Travel Insurance

 

Travel Insurance offered on our site is provided through a partnership with BerkelyCare, a wholly-owned subsidiary of Aon Corporation. When you purchase Travel Insurance in connection with one of our travel products, you are subject to the Terms & Conditions of BerkelyCare. Please click here for Terms & Conditions pertaining to Travel Insurance.

  1. Tours and Attractions Restrictions

The following Tours and Attractions restrictions (“T & A Restrictions”) shall apply to a voucher (“Voucher”) issued by Coolvacation to you (“You”) in connection with an attraction or service (“Attraction”) operated by an independent operator (“Attraction Operator”) of such Attraction. You must be at least 18 years of age and able to enter into binding contracts. You shall be deemed to have the authority to act on behalf of and to bind the person named on the Voucher to these T & A Restrictions. Acceptance or usage of a Voucher shall be deemed as the acceptance by You and the person named on the Voucher to these T & A Restrictions.

  1. A Voucher, when issued by Coolvacation and presented to the Attraction Operator, shall entitle the person named on the Voucher, subject to these T & A Restrictions, to use the Attraction described in the Voucher. The Attraction Operator will verify the identity of the person named on the Voucher prior to accepting the Voucher; and may require a signature from such named person. The person named on the Voucher will be required to present a government-issued photo ID to the Attraction Operator. Admission to the Attraction will be denied if the Voucher and a matching photo ID are not provided to the Attraction Operator.
  2. A Voucher will be valid only on the dates indicated on the Voucher and shall expire on the later of those dates. A Voucher may not be redeemed outside of the dates indicated on the Voucher.
  3. Upon issuance of a Voucher by Coolvacation, Your credit card shall be charged for the full amount immediately. The total price charged will include all taxes and fees. Gratuities and incidental charges, such as parking, food and drink, unless otherwise specified, are not included.
  4. A Voucher is valid for redemption only by the person named on a Voucher. A Voucher has no cash value and cannot be assigned, or transferred, in whole or in part.
  5. The issuance of a Voucher by Coolvacation is final. There are no refunds, credits, exchanges, or cancellations of a Voucher once it has been issued by Coolvacation. A Voucher is like cash – a destroyed, lost or stolen Voucher cannot be reprinted, reissued or refunded. A Voucher may be redeemed only once and only by the Attraction Operator. Upon purchasing a Voucher, You should confirm that the information that a Voucher contains in is accurate.
  6. An Attraction may not be appropriate for all ages or for individuals with certain medical conditions. Usage of an Attraction may be subject to codes, rules or regulations (collectively, “Attraction Rules”) established by the Attraction Operator. Failure to comply with such Attraction Rules may result in denial of admission to or removal from the Attraction. Other restrictions, terms and conditions may apply. You should contact the Attraction Operator for details.
  7. Coolvacation is not responsible for any technical, printing, typographical or other errors associated with the description, depiction, availability, or pricing of an Attraction. Availability and price quotations for an Attraction are subject to change without notice until a Voucher has been issued. Prices listed on a Voucher are per person, unless otherwise specified.
  8. Attraction availability may change after a Voucher is issued. When Coolvacation is informed in advance of a significant change to the availability of an Attraction, Coolvacation will use reasonable efforts to notify You. In the event an Attraction is canceled, rescheduled or postponed by the Attraction Operator, You should immediately contact Coolvacation.
  9. Coolvacation reserves the right to modify and otherwise change these T & A Restrictions at its own discretion. Except as provided for in the preceding sentence, no amendment, modification or waiver to these T & A Restrictions shall be binding on Coolvacation unless made in writing and signed by an authorized officer of Coolvacation.
  10. The Attraction Operator is an independent contractor of an attraction consolidator. The attraction consolidator is an independent contractor of Coolvacation. The Attraction Operator or the attraction consolidator, and their owners, operators, contractors, and employees are not agents or legal representatives of Coolvacation for any purpose and have no authority to act for, bind or commit Coolvacation. The Attraction Operator, and its owners, operators, contractors and employees are solely responsible for the use and operation of the Attraction, and all actions or events occurring prior to, during, at or after, the Attraction.
  11. YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF THE ATTRACTION MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE PERSON NAMED ON THE VOUCHER WILL ASSUME ALL RISK OF INJURY OR DEATH ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ATTRACTION, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ATTRACTION.
  12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOLVACATION SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ATTRACTION, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ATTRACTION.
  13. These T & A Restrictions constitute the entire and only understanding between the parties, and replace any prior understandings or agreements (whether oral or written) relating to the subject matter hereof. The failure of Coolvacation to exercise any of its rights, shall not be construed as a waiver or relinquishment of the future performance of any of its rights, and Your obligations with respect to such future performance shall continue in full force and effect.
  1. Travel Service Disclosures

For California Residents:

Coolvacation.com is a seller of travel in the State of California (CST 2040530-50). Registration as a Seller of Travel does not constitute approval by the State of California.

Coolvacation.com is not a participant in the California Travel Consumer Restitution Fund.

California law requires certain sellers of travel to have a trust account or bond. Coolvacation.com has a bond issued by Merchants Bonding Company in the amount of $10,000.

For Florida Residents:

Coolvacation.com is registered with the State of Florida as a Seller of Travel. Registration No. ST-32150.

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