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WHAT YOU SHOULD KNOW
Welcome to the holidaynetwork.com web site (this "Web Site") controlled and operated by RCI Holiday Network, Inc. (referred to herein as "Holiday Network," We, Our, or Us). The goal of this Web Site is to offer Our users, prospective users and/or Our customers (hereinafter collectively referred to as You, or Your) incredible vacation values by providing You with all of the comforts of home at luxurious resorts around the world. This Web Site is offered to You, conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the Terms). Your use of this Web Site constitutes your agreement to the Terms. Please read the Terms carefully before using this Web Site. You may use this Web Site and the services and/or products offered hereunder as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE. RELATIONSHIP BETWEEN HOLIDAY NETWORK AND THE FRANCHISEES, AND BETWEEN HOLIDAY NETWORK AND AN ACCOMODATING PARTY You and We are dealing at arms' length, creating a commercial relationship. We are not Your Agent or Your fiduciary. You agree that no such agent or fiduciary relationship exists between You and Holiday Network as a result of these Terms or Your use of this Web Site. Independently owned and operated franchisees (Franchisees) advertise rentals of vacation properties (Private Vacation Homes & Condos) to the public through this Web Site. Holiday Network and the Franchisees are separate and distinct entities, and Holiday Networks service (vacation property rental internet advertising service) is separate and distinct from the products and services that are sold by the Franchisees. These Franchisees are independent contractors, and no agency, partnership, joint venture, employee-employer is intended or created by these Terms. Resort Vacation properties advertised on this Web Site are independently owned and managed. The owners or managers (hereinafter Accommodating Party) of these Resort Vacation properties are separate and distinct from Holiday Network. Holiday Networks service (vacation property rental internet advertising service) is separate and distinct from the products and services that are made available by the Accommodating Parties. These Accommodating Parties are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. MODIFICATION OF THE TERMSThe Terms may change without further notice to You, and it is Your responsibility to check the Terms each time You use this Web Site. Holiday Network reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site You have agreed to be bound by the Terms that are in effect at the time of Your use of this Web Site. PRIVACYHoliday Networks Privacy Policy describes what information We gather, how We use it, and how You may correct or change Your information. For the details of Holiday Networks Privacy Policy, please review Our full Privacy Policy. OWNERSHIP, TRADEMARKS, COPYRIGHTS AND RESTRICTIONSThis Web Site is controlled and operated by Holiday Network, 7 Sylvan Way, Parsippany NJ 07054. All content on this Web Site, including, but not limited to text, http://www.holidaynetwork.com/images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide trademark laws, copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Holiday Network or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Holiday Network. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. Holiday Network grants You a limited, non-transferable license to use this Web Site in accordance with the Terms hereof. You may only use this Web Site to make legitimate reservations or purchases and shall not use this Web Site for any other purpose, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. You may print a copy of the content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Holiday Network or the Providers. You may request consent by faxing a request to RCI Legal at 973-496-2070. Without the prior written consent of Holiday Network or the Providers, Your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Holiday Network and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to Your use of this Web Site, You warrant to Holiday Network that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice. Holiday Network retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Holiday Network. USER'S RESPONSIBILITIESYou are solely responsible for Your Information, and We act as a passive conduit for Your online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any Information or data that is generated by this Web Site as a result of Your use of this Web Site. You are solely responsible for maintaining the confidentiality of Your account information and any identification numbers or codes (collectively, " User ID's"), confirmation numbers, and/or passwords provided to You (as applicable) in the use of this Web Site. You agree to accept responsibility for all activities that occur under Your account, User ID's, confirmation numbers, and/or passwords. In the event that You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred. You represent and warrant that You are of sufficient legal age and possess the legal authority to use this Web Site in accordance with the Terms herein and to create binding legal obligations for any liability You may incur as a result of the use of this Web Site. You understand and agree that You are financially responsible for all uses of this Web Site by You and those using Your login information. You also warrant that all information supplied by You and by those using Your login information is true, accurate, current, and complete. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web Site. PROHIBITED ACTIVITIESYou are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any Information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy web pages from this Web Site, or content on this Web Site without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission. INFORMATION POSTED TO WEB SITEWith respect to all Information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide; provided that such use is subject to the terms of Our Privacy Policy. You acknowledge and agree that We may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the public. LINKSPlease exercise discretion while browsing the Internet and using this Web Site. You should be aware that when You are using this Web Site, You could be directed to other sites that are beyond Our control ("Linked Sites") which are operated by parties other than Holiday Network. The Linked Sites are provided for Your convenience and information only. For example, if You "click" on a banner advertisement or a search result, the "click" may take You off this Web Site. This includes, but is not limited to, links from advertisers, sponsors, and content partners that may use Our logo(s) as part of a co-branding agreement. Holiday Network does not control such Linked Sites and is not responsible for or liable for Your use of such Linked Sites or for the accuracy or legality of information, content or any other materials contained on or available from Linked Sites. As such, You access the Linked Sites at Your own risk. By providing these links, Holiday Network is not endorsing, sponsoring or recommending any such Linked Sites or the information, content or other materials contained on, disseminated by, or services provided by or through them (whether or not Holiday Network is affiliated with the owners of such Linked Sites). Holiday Network makes no representations concerning the content of Linked Sites. Linked Sites may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your use of Linked Sites through links provided on this Web Site is governed by the terms of use, privacy policies and/or any other policies of the Linked Sites, not this Web Site. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of Your web site by Holiday Network, or its affiliates or Providers. Holiday Network reserves the right to disable links from any third party sites to the Web Site. DISCLAIMER OF WARRANTIESTHE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, HOLIDAY NETWORK AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES, ERRORS OR MISREPRESENTATIONS RELATING TO THE CONTENT AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE PROVIDERS. HOLIDAY NETWORK, ITS AFFILIATES, AND/OR THEIR RESPECTIVE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HOLIDAY NETWORK OR ITS AFFILIATES. ALL SUCH CONTENT, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, HOLIDAY NETWORK AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER WE, OUR AFFILIATES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. FRANCHISEES, ACCOMODATING PARTIES, AND PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HOLIDAY NETWORK OR ITS AFFILIATES. HOLIDAY NETWORK AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH FRANCHISEES, ACCOMODATING PARTIES OR PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LIMITATION OF LIABILITYYOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT HOLIDAY NETWORK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER HOLIDAY NETWORK, NOR ITS AFFILIATES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT,PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR ANY OTHER FORM OF LEGAL OR EQUITABLE REMEDY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE (OR ANY OTHER LINKED SITE), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE (OR ANY OTHER LINKED SITE), OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE (OR ANY OTHER LINKED SITE), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOLIDAY NETWORK, ITS AFFILIATES, AND/OR THEIR RESPECTIVE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOLIDAY NETWORK AND ITS AFFILIATESSHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HOLIDAY NETWORK IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, HOLIDAY NETWORK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION HEREWITH OR ASSOCIATED HEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS. INDEMNIFICATIONYou agree to defend, indemnify and hold harmless Holiday Network, the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers 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 attorneys' fees, resulting from any violation by You of these Terms or Your use of this Web Site. THIRD PARTY RIGHTSThese Terms are for the benefit of Holiday Network and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf. JURISDICTIONAL ISSUESUnless otherwise specified, the content contained in this Web Site is presented solely for Your convenience and/or information. This Web Site is controlled and operated by Holiday Network from its offices within Parsippany, NJ. Holiday Network makes no representation that content in this Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of this Web Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in Your jurisdiction(s), You are not authorized to view or use this Web Site and must exit immediately. Your viewing and/or use of this Web Site constitutes Your representation that You are unconditionally and without limitation permitted to view and use this Web Site and Holiday Network may rely upon such representation. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within such State. Any action You, any third party or Holiday Network brings to enforce these Terms, or in connection with any matters arising out of or relating to this Web Site, shall be brought only in either the state or Federal courts located in New Jersey and You expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. ADDITIONAL TERMSAdditional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed on a timely basis and complying with all rules and restrictions regarding availability of products, programs or services. These additional terms and conditions include, but are not limited to, the following: Holiday Network makes no offer through this Web Site, and Holiday Network reserves the right to reject any offer for any reason. Prices and availability of any accommodations are subject to change without notice to You. We are only responsible for written representations that we make on this Web Site and are not responsible for any representations made by any other person or entity. Information about resorts and other accommodations available hereunder is based on information obtained from such resorts and/or providers of such accommodations. We expressly disclaim liability for inaccurate, incomplete or misleading information concerning any resort or provider of accommodations. Reservations confirmed hereunder (Confirmations) hereunder are valid only if issued by Holiday Network. Upon receipt, please check all the details in the Confirmation and notify Us immediately if anything is incorrect, as changes to any aspect of the Confirmation may be treated as a cancellation. You may place a hold on a particular accommodation(s) for a twenty-four (24) hour period without confirming such accommodation(s). If You do not confirm the particular accommodation(s) within such time period, the hold will be released and the accommodation(s) will be available for confirmation by others. The total number of people occupying any accommodation(s) must not exceed the maximum occupancy of the particular accommodation(s) set forth in the Confirmation; otherwise, access may be refused or the applicable resort or provider of the accommodations may levy an additional charge. You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits and other fees or charges levied by a resort and/or provider of accommodations for the use of amenities and facilities. You and Your guests must occupy and use any accommodations in a responsible, careful and secure manner. You are responsible for any acts and omissions, which result in any damage, theft or loss, caused by You or Your guests while using the accommodations. You must be at least twenty-one (21) years of age to confirm a vacation on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or other provider of accommodations. Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us. A Confirmation may not be used for any commercial purpose, including rental or sale of the accommodation(s) which is/are represented by such Confirmation. A Confirmation may only be used by the person whose name(s) appears on the Confirmation. We reserve the right to cancel Your Confirmation if payment for any accommodation(s) is/are rejected by Your bank or credit card company. If Holiday Network should be prevented, hindered or delayed in the performance of any obligation hereunder, including, but not limited to, providing lodging accommodations, due to an Event of Force Majeure (as defined below) beyond our reasonable control, and which cannot reasonably be circumvented by Holiday Network through the use of alternate sources or other means, then Holiday Network shall be excused from further performance upon written notice to the You stating the reason for such nonperformance and no refund of any amounts paid by you will be made and You waive any and all claims against Us. The term Event of Force Majeure, as used herein, shall mean and refer to (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic or quarantine; (ii) action by a governmental authority which prevents or delays performance of Holiday Networks obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Holiday Networks power to concede. HOLIDAY NETWORK AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL, AND NEITHER HOLIDAY NETWORK NOR ITS AFFILIATES HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. We will have no liability to You for any loss, injury or damage which may occur while You stay at a resort or other accommodation confirmed by You through holidaynetwork.com or as a result of any third party. Our liability for any loss, injury or damage incurred by You as a result of any action or failure to act on Our part, will be limited to consideration paid by You for the accommodation provided by or through Holiday Network, and in no event will We be liable for special, consequential or punitive damages. This limitation of liability shall also apply to all affiliated companies, servants and agents of Holiday Network. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between You and Holiday Network with respect to this Web Site and Your use of this Web Site. As such, these Terms (as modified by Us, from time to time) will be deemed to supersede any prior or contemporaneous communications and proposal, whether electronic, oral or written, between You and Holiday Network with respect to this Web Site or Your use of this Web Site or future communications, whether electronic, oral or written, between You and Holiday Network. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved by Holiday Network and/or its Affiliates. All accommodations confirmed are on an "As Is And with All Faults" basis. We hereby expressly disclaim all warranties relating to any accommodations purchased hereunder, express or implied, statutory or otherwise, including, without limitation, any and all warranties of merchantability or fitness for a particular purpose. CANCELLATION POLICY FOR PRIVATE HOME'S AND CONDO'SIf a confirmation is cancelled ninety one (91) days or more prior to travel date, We will refund one hundred percent (100%) of the total rental fee, less the booking fee. If a confirmation is cancelled between sixty-one (61) days and ninety (90) days prior to the travel date, We will refund fifty percent (50%) of the total rental fee, less the booking fee. If a confirmation is cancelled between thirty-one (31) and sixty (60) days prior to the travel date, We will refund twenty-five percent (25%) of the total rental fee, less the booking fee. If a confirmation is cancelled thirty (30) days or less prior to the travel date, no refund will be made for any part of the rental fee. SELLER OF TRAVEL DISCLOSURESTerms & Conditions: Destinations and travel times are subject to availability and confirmed on a first come, first served basis. Offer includes only accommodations and specifically excludes travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. Offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law. California: CST-2071940-50. Registration as a seller of travel does not constitute approval by the State of California. Holiday Network is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. Holiday Network has a bond issued by Liberty Mutual Insurance Company in the amount of $100,000.00. Florida: Fla. Seller of Travel Reg. No. ST-35144. Nevada: Nevada Seller of Travel Registration No. 2002-0448. Washington: Seller of Travel Reg. No. 602315457. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. NEVADARECOVERY FUND FOR CONSUMERS You may be eligible for payment from the Recovery Fund if You have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and You have suffered certain financial damages as a result of the transaction. To obtain information relating to Your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, You may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
SOUTHERN NEVADA: 1850 East Sahara Avenue, Suite 101 ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HOLIDAY NETWORK. |
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