Hotaya Terms & Conditions
AGREEMENT BETWEEN CUSTOMER AND HOTAYA.COM, LLC
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE IN ANY MANNER. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THIS SITE (HOTAYA.COM), YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT AT ANY TIME, AT OUR SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THE AGREEMENT WITHOUT PRIOR NOTICE, AND YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THE UPDATED OR MODIFIED AGREEMENT.
This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "Hotaya.com" refer to Hotaya, LLC., an Arkansas LLC. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service ambassadors/agents. Our websites and apps include without limitation, this website and other consumer facing platforms operated under our brands, including, hotaya.com, ayasupplies.com, hillows.com, kwasiwa.com and our mobile apps (collectively, our “Sites”). These Terms and Conditions also apply to translations of our Sites. Our Sites are controlled and operated from the United States and are subject to United States law.
The content and information displayed on the Sites are Hotaya’s property and are collectively referred to as “Hotaya Information”. The downloading, reproduction, or re-transmission of Hotaya Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by Hotaya for business-only purposes in accordance with the Travel Agent section below.
USE OF THE WEBSITE
The services of the Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Sites, you represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
The Sites are to be used by you for your personal use only. You agree that you will not use the Sites for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the Sites without the express written permission of Hotaya. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Hotaya or any third party that provides services related to the Sites.
As a condition of your use of this Website, you warrant that
1. You are at least 18 years of age,
2. You possess the legal authority to create a binding legal obligation,
3. You will use this Website in accordance with this Agreement,
4. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
5. All information supplied by you on this Website is true, accurate, current and complete, and
6. If you have an Hotaya account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
"Chat Area" means any chat area, forum, message board, or similar service offered in conjunction with the Sites. If You participate in a Chat Area, you agree that, in addition to complying with the Terms and Conditions, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for your use of the Chat Area. Hotaya reserves the right to remove or edit content from any Chat Area at any time and for any reason, however, Hotaya has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.
We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.
Hotaya is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.
By submitting any ideas, comments, suggestions or other information: to a Chat Room; or to Hotaya related to improvements to the Sites or services related to the Sites; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, Hotaya's property. None of the Feedback shall be subject to any obligation of confidentiality on Hotaya's part and Hotaya shall not be liable for any use or disclosure of any Feedback. Hotaya shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Hotaya and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Hotaya and/or other parties is granted to or conferred upon you. The www.hotaya.com site and/or certain activities provided via our Sites may be covered by U.S. Patent laws
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Sites or the Hotaya Information contained therein, or any aspect of the Sites or the Hotaya Information, without the prior express consent from an authorized Hotaya representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that Hotaya has no obligation to but may monitor and review information you transmit over the Sites. You agree that Hotaya may censor, edit, remove or prohibit the transmission or receipt of any information that Hotaya deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Sites or to protect the rights or properties of Hotaya. You agree that Hotaya may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
Your submission of information on the Site is subject to Hotaya’s Group Global Privacy Statement for Guests.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND HOTAYA INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR HOTAYA INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR HOTAYA INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.
Limitation of Liability
To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT HOTAYA IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
With respect to all communications you make to us regarding Hotaya Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Inaccuracies and Errors
Hotaya Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Hotaya does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Hotaya reserves the right to make changes, corrections, cancellations and/or improvements to Hotaya Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Mis-Communications / Lost Transactions
Hotaya and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Hotaya and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. Hotaya and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither Hotaya nor any other providers of products or services related to the Sites are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Sites which are not processed or accepted for any reason.
Travel to certain destinations may involve greater risk than others. Hotaya urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and territories and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. HOTAYA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.
Hotel/Resort (“Property” or “Properties”) Reservations General Terms
In addition to the other terms and conditions specified on the Sites regarding our Properties, the following general terms and conditions apply to reservations booked on the Sites:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Review Reservation Details,” “Summary of Charges” and “Hotel Cancellation Policy” sections on the room reservation page of the Site.
If you plan to travel with your pet, we recommend that you confirm directly with the Property that they do, indeed, accept pets. Hotaya accepts NO RESPONSIBILITY for an individual Property's pet policy.
For non-US Properties, rates confirmed in USD may be converted to local currency by the Property at your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property’s control and may impact the amount charged to your credit card.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same Property for the same period of stay, may be made via the following site:
Some areas of our Sites are restricted to travel agents or other authorized representatives. The Hotaya Information contained in such restricted areas is confidential to Hotaya, and is provided for business use only, which includes reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit access to, or use of, these restricted areas where we determine that such use or access interferes with our Sites’ operations or that such use or access results in commercial benefits or other entities to our detriment. If you are a travel agent or authorized representative of a travel agent using our Sites, the following apply:
Passwords: We have provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Hotaya does not assume any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
Electronic Funds Transfer (EFT): Hotaya may be able to make commission payments by electronic funds transfer (EFT) through the Automated Clearing House (ACH) System. If you complete the EFT registration process provided on our Sites, completion of the process signifies that you: (1) authorize Hotaya to make payments by EFT; (2) certify that you have selected the designated depository institution and provided the correct account information; and (3) accept that all such EFTs will occur in accordance with the following: (i) you will give thirty (30) days’ advance notice to Hotaya of any changes regarding your depository institution or other payment instructions; and (ii) you accept that all U.S. direct deposits are made with a payment type of “CTX”.
No Arrangements for Prohibited Persons: Hotaya International Inc. is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any Hotaya facilities.
Availability of Products and Services
Our Sites contain information on Hotaya products and services, not all of which are available in every location. A reference to a Hotaya product or service on one of our Sites does not imply that such product or service is or will be available in your location.
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in the State of Maryland, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Except with respect to any claim or dispute involving the ownership, validity or use of any Hotaya trademarks or service marks, any dispute arising out of or related to the Sites (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration before the American Arbitration Association (AAA). Hotaya shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Bethesda, Maryland and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and Hotaya waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and Hotaya waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions, as a court would.
In reaching his or her decision, the arbitrator shall follow these Terms and Conditions, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action against Hotaya or participate in a class action against Hotaya. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Hotaya.
If you have questions about these Terms and Conditions, please send an e-mail to privacy@Hotaya.com
© 2016 - 2021 Hotaya International, Inc. All rights reserved. Hotaya proprietary information.