The pages, content and infrastructure of the pages and the online accommodations reservation service provided on the pages of the booking engine plugin on Blackhawk Issued Content, LLC ("Spafinder.com", “Spafinder,” “we”) and through the plugin (the “plugin,” “the service”) are owned, operated and provided by Overseas Travel of Florida, Inc. (“Overseas”) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. Spafinder.com is in no way affiliated with Overseas and has no relationship with Overseas other than for its agreement to allow Overseas to provide the plugin booking engine on Spafinder.com and to receive from Overseas a portion of the revenues derived by Overseas from this service.
USE OF THE PLUGIN
As a condition of your use of this service, you warrant that:
- you are at least 18 years of age or the minimum age required in your jurisdiction of residence to use this service;
- you possess the legal authority to create a binding legal obligation;
- you will only use this service to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- 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;
- all information supplied by you on this service is true, accurate, current and complete; and
We retain the right at our sole discretion to deny access to anyone to this plugin and the services we offer, at any time and for any reason, including, but not limited to, for violation of any of these Terms and Conditions.
1. Scope of Service
Spafinder is making available to Overseas the Spafinder website for Overseas to provide a booking engine plugin. When a consumer searches for a temporary accommodations provider (hotels, resorts, hotels and spas, resorts and spas, motels, motels and spas, villas, bed & breakfasts, collectively the “accommodation(s)”) on the Spafinder website, Overseas will populate through its plugin and available accommodations and corresponding rates as well as other accommodation information relevant to the visitor’s search and for the benefit of the visitor to the Spafinder website. If the visitor so chooses, they may make booking reservations through the plugin of an accommodation provider of their choice. Through this service, Overseas receives available inventory and rates for temporary accommodations. By making a reservation through this service, you enter into a direct (legally binding) contractual relationship with Overseas. From the point at which you make your reservation, Overseas will collect payment from you and facilitate the reservation. Overseas will provide you with an email confirmation of your reservation and another email of your receipt of payment. Overseas will also provide a 24-hour, 1-800 customer service phone number to help you with your travel relating to your hotel accommodations. Overseas accepts all major credit cards as a form of payment. Overseas does not accept points from accommodation providers as a form of payment.
Information regarding your accommodations is provided by the accommodation provider to Spafinder and also Overseas but the booking is made by Overseas. We will use reasonable skill and care in performing our services, however we cannot verify nor 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 the Overseas plugin or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on the Overseas plugin. Our allowance to Overseas to utilize the Spafinder website to provide the booking engine plugin does not constitute and is not a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available on the plugin by Spafinder.
Overseas will pay to Spafinder a negotiated commission for bookings made on the Overseas plugin as compensation for Spafinder providing space on its website to make available the Overseas plugin.
2. Scope of Responsibility
Spafinder has no responsibility or liability for the information presented on the Overseas plugin, and you do not accrue any rights against Spafinder solely through your use of the Overseas plugin. The responsibility for the accuracy of the information presented on the Overseas plugin lies solely between the accommodation provider and Overseas. For Overseas’ Scope of Responsibility see Scope of Responsibility under Terms and Conditions on the Overseas plugin. If a problem occurs, please contact Overseas per the Overseas Terms and Conditions on the Overseas plugin.
All prices on the plugin are negotiated between the accommodation provider and Overseas. Spafinder has no responsibility or any other involvement in the setting of prices that appear on the Overseas plugin.
4. Privacy and Cookies
Spafinder has no responsibility or liability regarding Privacy and Cookies as it relates to the Overseas plugin which appears on the Spafinder website. For information related to Privacy and Cookies related to the Overseas plugin, please visit the Overseas Terms and Conditions on the Overseas plugin.
5. Bank and Credit Card Fees
All responsibility regarding bank and credit card fees lies solely between the accommodation provider and Overseas. Spafinder has no responsibility or liability as it relates to bank and credit card fees pertaining to transactions on the Overseas plugin.
Spafinder has no responsibility or liability related to cancellation of bookings conducted on the Overseas plugin. Cancellation policies are provided by the accommodation provider and Overseas solely as it relates to the Overseas plugin. For more information regarding cancellation, please visit the Overseas Terms and Conditions located on the Overseas plugin.
Spafinder has no responsibility or liability related to refunds for transactions conducted on the Overseas plugin. Refunds on the Overseas plugin are the sole responsibility of the accommodation provider and Overseas as they relate to the Overseas plugin. For more information regarding refunds, please visit the Overseas Terms and Conditions located on the Overseas plugin.
8. Intellectual Property Rights
Spafinder retains no intellectual property rights to the Overseas plugin on the Spafinder website. Unless stated otherwise, the software required for Overseas’ services or available on or used by the Overseas plugin and the intellectual property rights (including the copyrights) of the contents and information of any material on the Overseas plugin are owned by Overseas Florida, Inc., its suppliers and providers.
Overseas Florida, Inc. exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel (including infrastructure) of the plugin on which the service is made available and you are not entitled to copy, scrape, hyper-deep link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof) or our brand without our express written permission. To the extent that you would wholly or partly use or combine our (translated) content, you hereby assign, transfer and set over all such intellectual property rights to Overseas Florida, Inc. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights including copyright and database rights.