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TERMS AND CONDITIONS
1. INTRODUCTION
1.1 This website is operated by ViaResort, Inc (USA) & Galactic Media Services Pty Ltd ACN 125728627 Trading as ViaResorts. References to “us,” “we,” and/or “our” in these booking terms and conditions shall mean ViaResorts.
1.2 These terms and conditions apply to purchases you make with us (via the website and directly with advertisers).
1.3 ViaResorts advertises vacation deals for selected resorts. While all reasonable efforts are made to ensure the accuracy of advertisements, we make no warranties regarding the products, services, or offers promoted beyond the descriptions provided by the advertisers. You are responsible for reviewing the advertisers' terms, descriptions, and conditions before making a purchase.
2. SERVICE FEES
2.1 ViaResorts charges a service fee for providing a booking desk service. The amounts advertised represent the service fee for processing bookings at the advertised resort. Any additional payments are to be made directly to the resort or hotel as advertised (including upgrades or other services negotiated with the advertising resort).
2.2 The service provided is not a holding deposit for the advertised property but rather a "fee for service" for processing a booking within the resort or hotel reservation system. ViaResorts will issue an electronic confirmation voucher for each service, which must be presented to the advertised property to complete the final reservation and any outstanding payments.
2.3 The terms of service, including booking periods and length of stay, are dictated by the advertised property and communicated in the electronic confirmation voucher.
2.4 The voucher serves as a deposit for the advertised stay and entitles the holder to accommodation per the terms and conditions of the resort. Redemption is subject to availability at the time of booking.
2.5 Vouchers must be redeemed within the advertised travel period. If not redeemed within this period, they shall be considered canceled unless extended at the discretion of the resort.
2.6 While the service fee is non-refundable as it pertains to services rendered, ViaResorts may, at its sole discretion, offer a credit for future use.
2.7 ViaResorts reserves the right to waive fees at its discretion.
3. PAYMENT
3.1 Payments are processed via Stripe or other secure payment processing systems, which accept most major credit cards. ViaResorts does not store your credit card details.
3.2 Payments will appear on your statements as "VIARESORTS."
3.3 ViaResorts may process partial or full payments on behalf of advertisers and reserves the right to issue refunds or cancel booking payments per these terms or as required by law.
3.4 Additional payments for upgrades, fees, taxes, extensions, or extra guests may be required by the resort, and such payments will be handled directly by the resort. These payments will be subject to the resort’s terms and banking conditions.
3.5 Advertised charges are in the currency nominated by the advertiser and may be subject to exchange rate fluctuations.
3.6 Your bank may impose transaction fees. ViaResorts includes credit card and payment fees in the total price and does not charge additional fees.
3.7 Taxes are included where indicated in the total rate.
4. CANCELLATION, CREDIT, AND REFUNDS (OF BOOKING SERVICE DEPOSITS)
4.1 Purchasers must carefully review the terms and conditions of advertised vacations and ensure compliance with the eligibility requirements.
4.2 Refunds are generally not available if you change your mind or fail to meet the advertised terms unless required by law.
4.3 A minimum cancellation fee of $50 applies once a voucher is entered into the booking system to cover bank and processing fees. Cancellation fees may vary by property and offer.
4.4 Once a voucher is entered into the booking system in your name, a minimum of $100 cancellation fee applies (this fee is to recover bank & processing fees charged to us and the hotel at the time of purchase/booking). Please check the fee for each offer as it varies with each property and offer. (Property terms are published above.)
4.5 Reservations canceled by the guest or property due to the guest's failure to meet advertised terms will incur a minimum administrative fee of $100 per guest. Fees vary by property and offer.
4.6 Confirmed and finalized reservations are non-refundable where a guest fails to redeem the stay for any reason, including failure to respond to a property confirmation email/call/SMS, failure to check in, or voluntary cancellations.
4.7 NOTE: Promotional Offers* registered in the system attract a minimum $100 cancellation fee to offset the costs of issue, handling, bank, and interchange processing fees. *Promotional offers are defined as discounted or subsidized room rates/vacations made available to eligible guests by advertisers on the platform. This cancellation fee is set by the advertiser/promoter to offset costs of providing and managing the offer and costs associated with processing as described.
4.8 In cases beyond the guest’s or property’s control (e.g., natural disasters, pandemics, or border closures), credits for future use or rescheduling will be provided at no cost. Adequate travel insurance is recommended.
4.9 Refunds are not available for reservation fees older than six months; however, a credit may be applied.
5. RESERVATION SYSTEM
5.1 ViaResorts does not process final confirmations of stays. All reservations are handled directly by the advertiser/resort. ViaResorts provides a booking system as a service between the guest and the property.
6. FLIGHTS PROVIDED BY ADVERTISERS AND THIRD PARTIES
6.1 Flights offered through advertisers or third-party providers are subject to the terms and conditions of the respective airlines and providers.
6.2 ViaResorts and its advertisers accept no liability for costs related to flight bookings, including, but not limited to, cancellations, delays, missed connections, or changes in flight schedules.
6.3 Do not book or pay for a flight until you have received written confirmation of your stay from the advertiser (resort). Neither ViaResorts nor the advertiser will be responsible for flight costs incurred before confirmation.
6.4 In the event that a resort cancels a stay due to qualification changes, overbooking, or other unforeseen circumstances, neither ViaResorts nor the advertiser shall be responsible for flight cancellation costs.
6.5 Travel insurance is strongly recommended to cover contingencies such as flight disruptions, cancellations, or other travel-related issues.
6.6 Any additional travel-related expenses, including baggage fees, inflight meals, transfers, and taxes, are the sole responsibility of the traveler.
7. DEFINITION OF PROMOTIONAL OFFERS
7.1 Promotional Offers refer to Discounted Stays or Rates subsidized by the promoter for qualified/eligible guests.
8. LIMITATION OF LIABILITY
8.1 ViaResorts shall not be liable for any acts or omissions of advertisers (resorts), including their failure to provide services, whether through negligence or otherwise.
8.2 Where liability cannot be excluded, it is limited to the amount paid for the services.
9. MODIFICATION OF TERMS
9.1 We reserve the right to modify these terms and conditions without notice where such changes do not substantially affect your rights. If changes substantially affect your rights, we will notify you via email.
10. GOVERNING LAW
10.1 These terms shall be governed by the laws of Delaware for US and Canadian customers and by the laws of New South Wales, Australia, for other customers.
PRIVACY POLICY
Last updated August 19, 2020
Thank you for choosing to be part of our community at Via RESORTS LTD 12296830 (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at [email protected].
When you visit our website Viaresorts.com, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites and our services.
This privacy policy applies to all information collected through our website (such as Viaresorts.com), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).
Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.
TABLE OF CONTENTS
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.
We collect personal information that you voluntarily provide to us when registering at the Services expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, nickname, ID, current and former address, phone numbers, email addresses, family member names and their related information, social media, and other similar data.
Personal Information Provided by You. We collect purchase history, data collected from surveys, past and current partners, and other similar data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Via Resorts. You may find their privacy policy link(s) here: Viaresorts.com.
Social Media Login Data. We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS” below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy: Viaresorts.com.
Online Identifiers. We collect cookie identifiers, or others such as the ones used for analytics and marketing, device’s geolocation, devices, applications, tools and protocols, such as IP (Internet Protocol) addresses, and other similar data.
In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
More specifically, we may need to process your data or share your personal information in the following situations:
In Short: We only share information with the following third parties.
We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy: Viaresorts.com.
In Short: Yes, we use Google Maps for the purpose of providing better service.
This website, mobile application, or Facebook application uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time.
In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Services offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.
We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in USA, Asia Pacific, Singapore, and the United Kingdom. If you are accessing our Services from outside the USA, Asia Pacific, Singapore, and United Kingdom, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “WILL YOUR INFORMATION BE SHARED WITH ANYONE?” above), in USA, Spain, France, England, Australia, Thailand, New Zealand, Malta, Mexico, and other countries.
If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will, however, take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.
EU-U.S. Privacy Shield Framework:
In particular, Company complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States and has certified its compliance with it. As such, Company is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
Company is responsible for the processing of personal information it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Company is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected].
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
? Log into your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/. For further information, please see our Cookie Policy: Viaresorts.com.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
? Note your preferences when you register an account with the site.
? Access your account settings and update preferences.
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Via RESORTS LTD 12296830 believes you are likely to be at risk of serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Via RESORTS LTD 12296830 becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Via RESORTS LTD 12296830 will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practise in a revised version of this privacy policy.
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.
If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), The Data Manager, by email at [email protected], or by post to:
Galactic Media Services Pty Ltd
50125728627
Level 35 Tower One, International Towers Barangaroo,
100 Barangaroo Avenue, Sydney,
NSW, 2000, Australia.
Trading as Via RESORTS LTD 12296830
The Data Manager
27 Old Gloucester Street
London WC1N 3AX
United Kingdom
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by emailing [email protected]. We will respond to your request within 30 days.
6 days
