Last Updated: August 14, 2022
IMPORTANT - PLEASE READ THESE TERMS
These Reservation Stays Service Terms (“Service Terms”) are an agreement between Snapcommerce, Inc., ("Super.com," “us,” “we,” “our”) and you (“you,” “your”). These Service Terms incorporate Super.com's Terms of Use (“Terms of Use”) and together with the Terms of Use govern your use of all travel products and services we or our partners may offer via our website Reservation Stays.com or the telephone (the “Reservation Stays Services”).
THE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE AGAINST SUPER.COM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN THE TERMS OF USE. YOU, HOWEVER, HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED IN THE TERMS OF USE.
We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to the Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of Reservation Stays Services following the posting of modified Service Terms will be subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Reservation Stays Services.
Some Reservation Stays Services may be subject to our additional terms, conditions, agreements, policies, guidelines, rules, and schedules, which will be posted or made available separately from these Service Terms when those Reservation Stays Services are offered (“Additional Terms”). Such Additional Terms are incorporated into and form a part of these Service Terms. If there is a conflict between these Service Terms and the Terms of Use, the Service Terms will control. If there is a conflict between these Service Terms and the Additional Terms, the Additional Terms will control.
USE OF RESERVATION STAYS SERVICES; APPLICABLE TERMS
Hotel availability, services, and rates presented to you are exclusively available to you - and cannot be shared. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality.
As a condition of your use of the Reservation Stays Services, you represent and warrant that: i) you have reached the age of majority in your jurisdiction of residence; ii) you possess the legal authority to create a binding legal obligation; iii) you will only use the Reservation Stays Services to make legitimate reservations for you or for another person for whom you are legally authorized to act, physically consume the reservation, and not for any other purpose; and you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.
We reserve the right to cancel, terminate or not to process reservations (including accepted reservations) where the price or other material information on the ReservationStays Services is inaccurate. In such an event, we may (if available and at our discretion) offer you the opportunity to keep your pending reservation at the correct price.
We do not provide you with hotel accommodations or other hotel services; hotel accommodations and related services are provided by the hotel suppliers. While your use of the Reservation Stays Services is subject to these Service Terms, your stay and the provision of hotel services are subject to the terms and conditions of the applicable hotel supplier.
The hotel suppliers providing hotel services are independent contractors, they are not agents or employees of Super.com. Super.com is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any hotel suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or while on any hotel property. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays, or acts of any government or authority.
RESTRICTIONS ON USE
You will not yourself or permit others to i) use the Reservation Stays Services a) in violation of any applicable law or intellectual property right; b) in a manner that threatens the security or functionality of the Reservation Stays Services or c) for any purpose or in any manner not expressly permitted in these Service Terms; ii) to create, collect, transmit, store, use or process any: (a) computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; or (b) data or content that you do not have the lawful right to collect, transmit, store, use or process or that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any intellectual property right, privacy right or right of publicity); or iii) reverse engineer or modify the Reservation Stays Services; iv) remove or obscure any proprietary notices or labels on the Reservation Stays Services, including copyright or trademark notices; v) access or use the Reservation Stays Services for the purpose of building a similar or competitive product or service; or vi) perform any vulnerability, penetration or similar testing of the Reservation Stays Services.
ADDITIONAL TERMS - SUPPLIER RULES AND RESTRICTIONS
Super.com works with several hotel suppliers. When a hotel room is reserved through the Reservation Stays Services with a hotel supplier, the terms and conditions of that particular hotel supplier will also apply to your reservation. Without limitation, when the hotel supplier is Travelscape LLC or Vacationspot, SL - you are bound to additional terms and conditions located at http://developer.ean.com/terms/en/.
If you violate any part of the hotel suppliers’ terms and conditions, we have the right to cancel your reservation and to make changes accordingly. You will be responsible for all fees that arise from making such changes should it be applicable. If you have used credits towards such a reservation, the credits will be forfeited and not returned to your account.
You acknowledge that some hotel suppliers may require you to agree to and sign their additional terms and conditions (including a liability waiver) prior to your stay at the hotel property or otherwise participating in the hotel services they offer. You understand that any violation of any such hotel supplier’s additional terms and conditions may result in the cancellation of your reservation, you being denied access to the hotel property and/or other services, you forfeit any monies paid in connection with your reservation, and/or your Super.com account being debited for any costs we incur as a result of such violation.
PRICES
The prices for the hotel services will be as quoted on the Reservation Stays Services from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect reservations already accepted. Despite our best efforts, some of the hotel services listed on the Reservation Stays Services may be incorrectly priced. We reserve the right to correct any pricing errors on the Reservation Stays Services and in such an event, we may (if available and at our discretion) offer you the opportunity to keep your pending reservation at the correct price.
We also reserve the right to cancel, terminate or not to process reservations (including accepted reservations) where the price or other material information on the Reservation Stays Services is inaccurate. We are under no obligation to fulfill orders placed at an incorrect (lower) price, even after you have been sent confirmation of your order.
The price quoted on the Reservation Stays Services may include, where applicable, fees, tax recovery charges, and taxes on Super.com’s services. Except with respect to tax obligations on the amounts we retain for our services, Super.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel reservations are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value-added tax, etc.) that Super.com pays to the hotel supplier for taxes due on the hotel's rental rate for the room.
The hotel suppliers invoice Super.com for certain charges, including tax amounts, and are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Super.com to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, and other related factors in effect at the time of the actual use of the hotel by our customers.
In addition, your statement may include a transaction fee charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to the transaction.
PREPAID OR PAY AT HOTEL
You acknowledge that some reservations require prepayment, and some reservations can be paid later at the hotel property. If you select a prepaid reservation, you will be charged the full amount for the reservation immediately following the submission and acceptance of your reservation. If you select a pay-later rate, you will pay the hotel supplier upon arrival in their preferred currency for the full amount. You understand that tax rates and foreign exchange rates could change in the time between making your reservation and your stay at the hotel property, which means the amount you will pay the hotel supplier may differ from the amount reflected in your reservation.
Transaction fees may apply when making a reservation for a hotel property in a foreign country or in a foreign currency. These fees will be applied to the cardholder’s account by the card issuing bank, independent from Super.com. If you have any questions about these fees or any exchange rates applied to your order, please contact your credit card issuer.
SPECIAL REQUESTS
We will do our best to pass on your special requests to the hotel supplier - but we cannot guarantee that the hotel supplier will be able to honor any special requests that you make. You must contact the hotel supplier directly to confirm the availability of any extra items or special requests. It is also your responsibility to verify that the hotel supplier can satisfy any special needs (such as accessibility features) that you may have.
CHANGES OR CANCELLATIONS
You can cancel your reservation on your email confirmation or by calling us. However, cancellation fees may apply in accordance with the reservation terms and conditions. Each booking will have its own unique cancellation policy which can be found on the final booking step as well as in the confirmation email. If the policy is non-refundable, that means the booking is a final sale and will not result in a refund if canceled.
You agree to pay any required cancellation fees when you confirm the booking. You also agree to pay any required change fees to modify your booking. Changes to your booking are not guaranteed and are subject to approval by hotel suppliers. Super.com is not liable for any rejected changes to a hotel booking and reserves the right to charge the modification fee regardless.
We are not responsible for the acts or omissions of any hotel supplier. If a hotel supplier is unable to honor your reservation, Super.com will not be liable for any costs incurred due to relocation. If you do not show up for the first night of your reservation but plan to check in for subsequent nights in the reservation, you must confirm the reservation with Super.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with Super.com the whole booking may be canceled and refunds will only be due to you in line with the cancellation policy of the particular property, as notified in the booking process.
CURRENCY CONVERTER AND FOREIGN TRAVEL
Currency rates are based on various publicly available sources and should be used as guidelines only. When paying in a different currency, the conversion rate is determined by your credit card issuing bank and Super.com can only provide you with an estimate. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates or card issuer fees.
Where your reservation is for a hotel property in a foreign jurisdiction, you are responsible for ensuring that you meet foreign entry requirements that you have all necessary travel documents, and that all foreign entry requirements are met. It is also your responsibility to make sure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. By coordinating reservations for hotel services in international destinations, we do not make any representation or warranty that travel to such destinations is advisable or without risk. Super.com has no liability for any damages or losses that may result from your travel to any destination.
TERMINATION
We may terminate your use of the Reservation Stays Services as set forth in the Terms of Use. You agree that where we terminate or discontinue your access to the Reservation Stays Services, you may lose all credits and we will not be liable to you or any third party for any damages resulting from such termination.