Terms & Conditions for Using This Site and Our Travel Services
Terms & Conditions:
The following stipulations establish the general conditions of sale applicable to reservation services provided by Travel is SWELL.com.
TERMS & CONDITIONS – 1PAPAYA, INCORPORATED
LAST UPDATED: FEBRUARY 2015
REVISED – SEPTEMBER 29, 2018
1Papaya, Incorporated, Hereinafter referred to as 1Papaya, a company registered within the State of California. Our California Seller of Travel Registration Number is: 2134055-70. Our office is located at 2491 Alluvial Ave, Suite 5, Clovis California, 93611.
Our Terms & Conditions were designed purposefully for 1Papaya, Inc., and its family of travel web sites {Autism Travel Specialist.com, Travel is SWELL.com, Travel-is-SWELL.com, CMTravelonline.com, Travel is SWELL.com, Great Spas of the World.com, 1Papaya Store, 1Papaya.com, 1Papaya Travel Company.com, Vacations for Adults.net and World’s Leading Lifestyle Hotels.com. Our Privacy Policy also governs and protects your access to and use of these Sites and any section of these Sites. Other services or materials operated or provided by Travel is SWELL or by third parties may be subject to other terms of use, which will be indicated to you prior to use.
These terms of use constitute a legal agreement between you, Travel is SWELL and 1Papaya. Please read them carefully before using our sites. By downloading, accessing or using our sites, you are confirming that you accept these terms of use and that you agree to comply with them.
Travel is SWELL may amend these terms of use at any time at its discretion. You can determine when the terms of use were last revised by referring to the “Last Updated” legend at the top of this page. If these terms of use are amended, Travel is SWELL shall display the revised terms of use on our sites. Use of our sites following such changes constitutes your acceptance of the revised terms of use then in effect.
If you do not agree to comply with these terms of use or any amendments to them please stop using our sites immediately.
These terms of use refer to the Privacy Policy and Cookie Policy which also apply to your use of our sites.
Terms & Conditions:
The following stipulations establish the general conditions of sale applicable to reservation services provided by Travel is SWELL.
Our Travel Services:
Travel is SWELL.com is a specialty travel web site and a part of 1Papaya, Incorporated. Travel is SWELL.com provides useful, updated and readily accessible information on luxury hotels and resorts worldwide and also facilitates a convenient way for you to make your online reservation with such hotels. It is important that you read and understand these terms before using our services. By accessing or using our services, you agree to be legally bound by these terms, which may be modified from time to time. We reserve our right to change these terms at any time and amendments will take effect when posted on this website. We only act as the intermediary between our website users and our hotel providers and participating hotels, so we do not have and never intend to have any contractual involvement in your reservation. When you use our services to make a reservation, the contract is made directly between you and the hotel concerned.
The information contained on our website is provided by our hotel providers and participating hotels, and updated from time to time and, while we will try our best to ensure that such information is accurate, we cannot guarantee the accuracy or completeness of such information, nor can we warrant that access to our website will be uninterrupted or fault-free. These terms and conditions are set out in several languages but, in case of conflict, the English version shall prevail.
Reservation:
The prices displayed on our website according to season are negotiated between us, our hotel providers or participating hotels, and may differ from prices published by the hotels elsewhere. Therefore, you should accept that the prices may be different at the time of your reservation.
Subject to confirmation by the hotel concerned and also to your provision of valid and correct credit card information for payment, your reservation will be irrevocably binding upon your clicking on ‘Confirm the booking’ / ‘Book Reservation’ on our website or third-party web site. Confirmation of your reservation will be made by us or by one of our providers by email, so it is your duty to provide an accurate email address. Such confirmation will usually be made within four business hours after you submit your reservation. If your reservation is not accepted, we will try our best to provide you with a comparable alternative, but you are freely entitled to choose whether or not to accept such an alternative.
The currency in which prices are displayed is based on the location from where you connect to our website, but you can always select another currency (if available) in which to see the prices of the participating hotels. However, these converted prices are based on various publicly available sources using daily spot rates and should be used as guidelines only. Rates used by Travel is SWELL.com is believed to be accurate, but our respective suppliers do not warrant or guarantee such accuracy and actual rates may vary. The prevailing and real rates on our website are the ones in the local currency of the hotels concerned and, where this applies, the ones in which the deposit is charged from your credit card, as clearly displayed during the booking process. Your confirmation email will serve as proof of valid reservation and will contain relevant information about the reservation and particulars of the hotel concerned. Please read and check carefully all the information contained in our confirmation email to ensure that it conforms to your reservation. You are required to produce our confirmation email when you check-in at the hotel, as well as a valid ID card or passport.
If you are making a hotel reservation through the Travel is SWELL.com in a hotel that is a member of another hotel group’s loyalty program, Travel is SWELL.com cannot guarantee that you will be able to earn miles or points from that group’s loyalty program, nor that you will be able to claim them after your stay in the hotel.
Similarly, when using the Travel is SWELL.com to make a reservation in a hotel that is member of a hotel group, you will not be able to use or redeem the miles or points that you own in that hotel group’s loyalty program on the website.
Payment and Credit Card Information:
When you make an online hotel reservation you will have to provide us with your credit card information, such as its number and expiry date.
For some of the participating hotels that you will find on our website, the payment of a deposit will be required to validate your reservation, based on the conditions negotiated with these participating hotels. This will be clearly explained and displayed on our website during your reservation process before your clicking on ‘Confirm your booking’ / ‘Book Reservation’ . When your reservation is confirmed, this deposit that is clearly displayed during the reservation process will be charged to your credit card. You can choose the currency in which you want the deposit to be charged, such as US Dollars, Euros, etc., or any of the other payment currencies proposed on our website. This deposit will be charged and the business name appearing on your credit card statement will 1Papaya, its sister sites or third-party vendor. If your reservation is not confirmed, your credit card will not be charged. We accept credit and debit cards, such as VISA, MasterCard, and American Express. Under no circumstances will 1Papaya or its sister sites be liable for any kind of commission that your bank might charge you. The outstanding balance of the retail price of the hotel room(s) reserved, as well as additional charges that may be incurred during the stay at the hotel will be settled by the guest in the local currency at the hotel. In the case of a confirmed reservation, the credit card details will be passed over securely to the hotel, which may pre-authorize or charge the card in accordance with the booking policy, as displayed on Travel is SWELL.com. Lastly, in the case of a non-refundable rate with participating hotels, please note that the credit card will be charged upon reservation by both Travel is SWELL.com for the amount of the deposit in the currency you would have chosen and the hotel in its local currency for the outstanding balance.
For some other participating hotels that you will find in our website, and based on the conditions negotiated with these participating hotels, no payment of any deposit will be required and the full amount of your booking will be charged to you directly by the hotel in its local currency. This will be clearly explained and displayed on our website during your reservation process before your clicking on ‘Confirm the booking’ / ‘Book Reservation’ . The full price of the hotel room(s) reserved, as well as all other charges that may be incurred during your stay at the hotel, will be settled by you in the local currency at the hotel when you check-out. Under no circumstances will 1Papaya or its sister sites be liable for any kind of commission that your bank might charge you. In the case of a confirmed reservation, please note that your credit card details will be passed over securely to the hotel, which may pre-authorize or charge your card in accordance with the booking policy, as displayed on our website. Lastly, in the case of a non-refundable rate with participating hotels, please note that your credit card will be charged upon reservation by the concerned hotel in its local currency for the full price of your reservation.
By making the reservation through our website you are deemed to have unconditionally and irrevocably authorized and consented to our release of your credit card information to the hotel concerned for this purpose.
Cancellation Policy:
Each hotel or third party supplier will have their own terms and conditions for cancellation of validly confirmed reservations. You are, therefore, strongly advised to read such terms and conditions, which are displayed on our website or third-party web site carefully before making your reservation. You will be bound by such terms and conditions once your reservation is confirmed. In case of cancellation, we suggest that you should promptly and directly contact us to minimize any penalty or charges payable.
When your reservation is cancelled, the deposit, if one was paid upon reservation and where applicable, is fully refunded to you. Then, depending on the cancellation policy of the hotel or third-party supplier you have booked, and on whether penalties apply, the hotel shall directly charge to your credit card account all penalties or charges that you are liable to pay for the cancellation. However, this does not apply in the case of a non-refundable rate where you cannot cancel your booking nor be reimbursed by any party.
All disputes relating to cancellation of reservation shall be dealt with or settled directly between you and the hotel concerned, and we will not be involved or be held responsible in any way except to arrange for the refund of the deposit, where applicable, to provide information needed to calculate the penalties that apply and to pass your credit card information on to the hotel concerned as aforesaid. No claim whatsoever shall be made by you against us in respect of any penalty or charges levied by the hotel concerned for your cancellation of a reservation and you shall seek your redress, if any, directly against the hotel concerned.
Conditions for Use of Promotional Codes:
Promotional codes are not valid in conjunction with any other offers or promotions. Only one promotional code per booking may be used. Promotional codes cannot be used for any previously purchased bookings. Promotional codes issued by parties other than Travel is SWELL.com cannot be used on our website. Usual booking terms and conditions apply, and all bookings are subject to availability. All taxes, fees, charges and surcharges are applicable to hotel bookings made using promotional codes. Promotional codes have no cash or refund value, so cannot be exchanged for cash or its equivalent. If the travel stay dates are changed after the use of a promotional code, then that promotional code will not apply to the changed travel schedule. For specific restrictions on use of promotional codes, please see the promotion’s specific terms & conditions.
We reserve the right to modify these conditions of use or to withdraw a promotional code at any time.
Security:
Travel is SWELL.com and its third-party suppliers adopt the SSL encoding protocols to secure and protect your credit card information. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you. If you are using a public computer for our services, you should sign out after you have finished using it.
Disclaimer:
By using our services, you agree to comply with all applicable laws, statutes and regulations concerning your use of Our Services and we will not assume any responsibility thereof.
We merely act as an intermediary between you and the hotels, so we do not have any control whatsoever over the quality of services or the charges of the hotels. We, therefore, are not responsible or liable in any way whatsoever in relation to any dispute arising between you and the hotels regarding their charges, quality of services, facilities or otherwise. The contract is made between you and the hotel concerned, so you should make all your claim or complaint against, or settle it directly with, the hotel concerned. At the time of checking-out, we may ask you to kindly complete our standard questionnaire to express your comments about the hotel concerned and our services, so we may use it for future reference to improve our services. It is also your own responsibility to obtain your valid visa (if necessary) and to comply with all local health and custom requirements applicable to the place you are going to visit.
Applicable Law:
The contents of our website and all reservation made using our services shall be governed by and construed in accordance with the laws of the State of California. These terms and conditions and any dispute, controversy, proceedings or claim of whatever nature in relation thereto shall also be governed by and construed in accordance with the laws of the State California. Also see our Privacy Statement.
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