Last updated June 22 2021
Travelholae means Travelholae Limited, a Jamaican Company with address at 3 Lower Parade Street Falmouth Trelawny Jamaica W.I.
Site means the websites and applications owned or otherwise operated by Travelholae
1. Scope of our Services
A. Accommodation Reservation Facilitation
When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that Travelholae is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Travelholae.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time, and which takes into account different factors including but not necessarily limited to availability, promotions and rates, historical popularity, money earned by Travelholae, conversion (the ratio of reservations made to Site visits), sales of room nights, cancellations, quality of content, guest review scores, star ratings etc. also offer Accommodations the option of sponsored listings, i.e. to pay for a top spot. Such sponsored listings will be marked or contain wording for clarity.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking or awarded points as appropriate, and will, if relevant, refund some or all of the amount charged.
Please note that suspected group bookings can also be rejected or cancelled by Travelholae or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our Customer Service team for more information.
Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.
A word about star ratings
The Accommodation star, other denoted ratings, or any reference on the Site to a rating on the Site (“Accommodation Ratings”) are provided for your information only. The Accommodation Ratings are based on information we have received from our suppliers, including the Accommodations, and may take into account the Accommodation’s facilities, rates, reviews, and services. Accommodation Ratings are unrelated to any other ratings assigned by government tourism authorities. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.
B. Other Ancillary Services
Travelholae provides an online platform through which you can browse other services, including but not necessarily limited to flights and rental cars, (“Ancillary Services”) and make reservations for such Ancillary Services. Although the Travelholae Site provides the platform for which you can browse and make reservations for these Ancillary Services, the Ancillary Services are provided by Travelholae associated companies or partners (“Partners”), which have been carefully selected by Travelholae.
By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation (e.g. for flights or a rental car) at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Partner from time to time, which shall become a binding contract when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your Ancillary Service booking via an e-mail confirmation to you. The Partner reserves the right to reject bookings as set out in their terms and conditions.
2. Use of the Site
· use the Site or its contents for any non-authorized commercial purpose (e.g. forward distribution or resale of bookings without permission);
· make any speculative, false, or fraudulent booking;
· access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
· violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
· re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
· "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
· deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
· deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
· deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
· deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
· deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
· impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
· manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
· use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
· attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
· obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
· Engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;
· Do anything else which could cause damage to the Site, Travelholae, Related Companies, and each of their employees and reputations, or would otherwise have a negative impact; or aid or abet any of the above.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Travelholae.
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
Travelholae may use proprietary or third party technology (e.g. Google reCAPTCHA v3) on pages of its Site to keep the Site safe from malicious attackers or anyone who abuses the Site.
3. Prices, Travelholae Price Guarantee, Additional Charges, Taxes and Fees, Travelholae exchange rates
Please note that, unless expressly indicated otherwise, all prices on the Site are for room reservations only, for the specified stay dates and number of people. Without prejudice to what is set out below, before you confirm a reservation, Travel will display the total price payable, including taxes and service fees, and what is included. As you select options or specify additional details, we will update the total price.
A. Prices and Best Price Guarantee for Accommodations
We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation. Should you find your Accommodation room reservation, with the same booking conditions, at a lower price on the Internet after you have made a booking through us, we will match the difference between our price and the lower price under the terms and conditions of the Best Price Guarantee. For a claim to be valid under this guarantee, it must satisfy and be submitted in compliance with all relevant terms and conditions of our Best Price Guarantee.
Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below).
The Best Price Guarantee does not apply to Ancillary Services provided on the Site.
B. Additional Charges by Accommodations
In addition to the reservation prices, some Accommodations will charge mandatory service fees, surcharges, and local taxes (for example, resort or amenity fees, transportation transfers, and city tourist tax). If we are aware of these service fees and local taxes, we will display them with your reservation price. These service fees and local taxes may be collected directly from you by the Accommodation, in addition to the price you pay for your reservation.
Standard room reservations are for single or double occupancy. Extra guests or beds will usually incur extra charges. An Accommodation may refuse to allow additional guests to stay in a room – you must specify the correct number of persons, including children who will occupy each room you reserve.
You will incur additional charges at the Accommodation for all services and products you use that are not included in the reservation price as expressly described by the booking conditions. Charges for amenities you use and products you consume during your stay (for example, parking, internet access, food and drink) are not included in the reservation price unless specified.
During special events and periods, some Accommodations require each guest to purchase additional services (for example, a dinner on New Year’s Eve). If we are aware of a required additional service you must purchase, we will display it in the booking conditions or with your reservation price.
To travel to Accommodations in some locations (for example, islands in the Maldives), all guests must arrange transportation transfers in advance for an additional fee. Some Accommodations require Travelholae to collect payment for the transfer when a reservation is made. We will show these additional transfer fees with your total price. Travelholae does not control or operate transfers, and is not responsible for the quality, safety, frequency, or service levels of the transportation.
If you are unsure or concerned about additional charges, please verify with the Accommodation or Customer Service which extra fees (if any) are payable in addition to your reservation.
C. Additional Charges for Ancillary Services
Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).
Your reservation, and any Ancillary Services you purchase, do not include insurance.
D. Currency Conversion
The prices shown in Travelholae listings are based on rates set by the properties in their Property Currency. You may choose to view listing prices in the Property Currency or a different Display Currency. If your payment card or account supports it, we may give you the option to select the Charge Currency before you pay for your booking.
· Account Currency means the default currency of the payment card or account you use to pay for a booking.
· Charge Currency means the currency in which you are charged for a booking.
· Display Currency means the currency in which you choose to view prices on our Site.
· Property Currency means the currency in which the property or service provider sets the rates for their listings of accommodations or services on our Site and wishes to receive funds from Travelholae. By default, the Property Currency is the official currency in the territory where the property or service is located.
· Indicated Rate – Bloomberg Generic Composite Rate mid-rate on the current day.
· Daily Adjusted Rate – Bloomberg Generic Composite Rate on the day payment is processed plus a 5% currency conversion charge.
Account provider rates
If your Charge Currency is different from your payment account currency, your account provider will determine the exchange rate to use when the transaction is applied to your account. Your account provider may offer a higher or lower rate than TRavelholae, and may charge you additional fees for a foreign transaction. Travelholae does not control or benefit from your account provider’s exchange rate or fees.
If your Charge Currency is the same as your Account Currency, but different from either the Property Currency or your Display Currency, Travelholae will use our Indicated Rate or Daily Adjusted Rate to convert prices. The applicable rate will depend on choices you select when viewing listings and making a booking, as described below.
Converted currency prices are indicative
If you choose to Display Currency that is different from the Property Currency, Travelholae will display indicative prices converted using our Indicated Rate. The converted Display Currency price is a preliminary estimate of the price in your Display Currency - it is not firm or binding. The converted price in the Display Currency is provided for your convenience, to allow you to compare different rates, packages, and conditions in the currency you prefer to use.
Because room prices are set by properties in the Property Currency, the amount you pay for a booking will depend on three variables:
· the Charge Currency ;
· whether your booking is Pay Now, Book Now Pay Later, or Pay at Hotel;
· the exchange rate between the Charge Currency and the Property Currency on the day we process your payment.
Pay Now bookings
If you change the Charge Currency, we will update your total price to show the amount we will process to your payment account. We can do this because we know the exchange rate at that time. If you choose a Charge Currency that is different from the Display Currency, Travelholae will use the Daily Adjusted Rate to convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert currencies.
Book Now Pay Later bookings
If your Charge Currency is different from the Property Currency or Display Currency, Travelholae will use our Daily Adjusted Rate on your payment date to convert the Property Currency price to your Charge Currency. If you change your Charge Currency, we will show you the price in the Property Currency that will be used to determine the total charge on your payment date and the estimated converted price that you will be charged based on the current Daily Adjusted Rate. We do this because we do not know what the actual exchange rate will be on your payment date.
Pay at Hotel bookings
When you make a Pay at Hotel booking, we will update your total price to show the amount you will pay in the Property Currency. You will pay the Property directly, in the Property Currency or any other currency the Property agrees to accept. If you pay in a different currency, or with a payment account that uses a different currency, the actual amount you pay will depend on the exchange rate(s) used by the Property and your payment providers. These factors are outside of Travelholae’s control.
A Word on Charges for Taxes and Fees
In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. In relation to Accommodations, this charge includes an estimated amount to recover the amount Travelholae pays to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee Travelholae retains as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. If the balance is negative, Travelholae will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Travelholae pays the Accommodation and the location of the Accommodation where you will be staying, and may include profit that Travelholae retains.
Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed and Travelholae pays over such amounts directly to the vendors. Travelholae is not a co-vendor associated with the vendors with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
For transactions involving Accommodations located within certain jurisdictions, the charge to your Payment Instrument for Taxes and Fees includes a payment of tax that Travelholae is required to collect and remit to the jurisdiction for tax owed on amounts Travelholae retains as compensation for services.
For reservations where you need to pay at the Accommodation, the price may or may not include taxes and fees. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.
In some locations, Accommodations may be required by local law to charge and collect city, bed, tourist occupancy or equivalent taxes directly.
Taxes and fees for Ancillary Services you may purchase are described out in our Partner’s terms and conditions.
5. Payment - Credit Card – “Book Now, Pay Later” – Age - Fraud
To complete payment for such pre-paid Accommodation bookings, you authorize Travelholae or Related Companies to charge or debit your Payment Instrument for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking or, in case of a “Book Now, Pay Later” booking, at the future point in time communicated in the confirmation email. When using “Book Now, Pay Later”, please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Travelholae or Related Companies will process refunds, if and when applicable, within a reasonable time frame. You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. For certain Accommodations, Travelholae will not charge your Payment Instrument, as you will pay the Accommodation directly for your stay (post-paid). However, in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Accommodations may require credit card details in order to guarantee your reservation. As such, Travelholae will send your Payment Instrument information directly to the Accommodation at which your booking is made and may verify (i.e. pre-authorize) your Payment Instrument as well. In order to safeguard and encrypt your
Certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Travelholae. .
In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Travelholae, please contact our Customer Service team immediately.
In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the Payment Instrument you are using is your own or that you are authorized to complete the booking with this Payment Instrument and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card, also when using "Book Now Pay Later". The balance will be charged after confirmation or, in case of "Book Now Pay Later", on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation email with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Travelholae can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will be cancelled because it is incomplete and any amounts charged (including the verification charge where applicable) will be refunded.
A word about Instalments
In certain jurisdictions, Travelholae supports payment by instalments (“Instalments” or “Deferred Payments”). This service is not provided by Travelholae but by a third party (“Instalment Facilitator”). If you desire to pay in Instalments, you will need to agree to the terms and conditions of the instalment payment structure of Instalment Facilitator and/or to an additional payment agreement with Travelholae made available at the Instal-ment Facilitator’s website. If you do not meet the requirements or you do not meet the terms and conditions of the Instalment Facilitator, the instalment feature will not be available to you. If you are in breach of the terms and conditions of the Instalment Facilitator, you will be subject to the consequences stipulated by the Instalment Facilitator’s terms and conditions. Travelholae reserves the right to cancel your booking, when you are in breach of Instalment Facilitator’s terms and conditions. You agree to pay and be solely liable for the full amount of the booking amount and you agree that Travelholae has the right to assign the booking amount payable by you to the Instalment Facilitator and/or its factors.
A word about failed payments
For a variety of reasons, payment on the Site may fail. In such cases, Travelholae will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.
6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies - Special Needs – additional Travelholae services or products
By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, Travelholae reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.
Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.
Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and are not guaranteed by Travelholae. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. Travelholae will not be liable to you for any damages or costs that you suffer if the Accommodation does not meet your special needs.
A word about Travelholae Price Alerts
A word about Travelholae’s Secret Deals
Through its “Secret Deals” program, Travelholae is frequently able to offer quality Accommodation rooms at very attractive rates, which means you can enjoy great savings on quality accommodation at selected properties worldwide, from luxurious five-star to charming boutique hotels. For various reasons, the Accommodations participating in this program prefer to stay anonymous until the booking is confirmed and paid.
Secret Deals are indicated with a specific logo and you can browse and consult key information about these properties (general area, description, facilities) prior to making a reservation, but you will not know which property it is. Upon completion of your reservation, the property name, location and contact details will be revealed. To ensure that Travelholae can continue to offer these special rates on a regular basis, Secret Deal bookings are non-cancellable and non-refundable.
A word about Promotions
A word about Travelholae Reception
Any disputes or issues that you may have on the charges viewable via Travelholae Reception must be taken up by you with the relevant property directly and Travelholae disclaims any risk or responsibility for such charges incurred by you with the relevant property. In using and being enrolled in the Travelholae Reception program, Travelholae makes no warranties or representations of any kind including but not limited to merchantability, suitability or fitness for a particular use, nor does Travelholae warrant or represent that the Travelholae Reception program is or will be always available, accurate, and reliable or free of any defects. By participating in the Travel Reception program, you participate at your own risk.
7. Intellectual Property Rights - Trademark Notice
The mark “Travelholae”, as well as certain local language transliterations thereof is a registered trademark of or licensed to Travelholae and/or its affiliated companies in many countries worldwide, including but not limited to the USA, the EU, Canada, Singapore, Thailand, Japan, China, India, Malaysia, Australia, Russia, Korea, Indonesia, the UAE, Switzerland, etc. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Travelholae, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. Travelholae owns the copyright to the Site. You may not use the Travelholae intellectual property without our consent.
Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Travelholae, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Travelholae does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:
1. the name and address of the complainant;
2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
3. where the complainant is not resident in Jamaica, the complainant’s address for service in Jamaica;
4. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
7. a statement that the complainant requires us to remove or disable access to the electronic copy;
8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
9. a statement that the information in the notice is accurate;
10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
11. a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes of proceedings under relevant provisions in the Singapore Copyright Act.
The notice must be signed by the complainant and sent to us by registered mail to the address mentioned under Section 12, c/o Legal Department – Copyright Claims.
We will review and address all notices that comply with the requirements above in accordance with applicable law.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
8. Reviews – Further correspondence - Rights to User Content – Other services
Content submitted by users will be considered non-confidential and Travelholae is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Travelholae reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Travelholae is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Travelholae. Travelholae shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Travelholae’s Policies on the Site for more details.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Travelholae or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Travelholae , and its licensees, successors and assigns, from any claims that you could otherwise assert against Travelholae by virtue of any such moral rights.
9. Travel advisory – Visa requirements
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
By displaying Accommodations in particular destinations, Travelholae does not represent or warrant that travel to such points is advisable or risk-free and Travelholae can never be held liable for damages or losses that may result from travel to such destinations. Travelholae can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.
Travelholae cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
If you have complaints about Travelholae’s service, you can contact our Customer Service team via one of the methods described here. We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Travelholae will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.
11. Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Travelholae MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGODA DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TRAVELHOLAE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AGODA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UNLESS TRAVELHOLAE IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, TRAVELHOLAE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, TRAVELHOLAE SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
12. General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRAVELHOLAE AND RELATED COMPANIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Travelholae does not guarantee continuous access without interruption to the Site.
In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Travelholae shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.
Travelholae does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Travelholae will not be liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.
Local tax receipts are only available from properties for bookings where payments are made at the property. For pre-paid bookings (pay Travelholae), Travelholae can issue local invoices for bookings in Jamaica since Travelholae is a tax resident of Jamaica and also Travelholae receipts for anywhere else.
14. Governing Law and Disputes
(B) For US customers only:
This part of Section 14 only applies to US customers. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of this Section.
This provision is intended to be given the broadest interpretation and application to encompass all disputes or claims arising out of or relating to your relationship with Travelholae, including the use of our website, our services and any other interactions with us. Travelholae is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, any dispute or claim arising out of or relating to this Section and your relationship with Travelholae or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this Section comes into effect (the "Opt Out Deadline"). This will be the earliest of (a) the date you first used our website, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice using any of the following methods:
· By regular mail or courier to our registered address at Legal Department, Travelholae Limited, 3 Lower Parade Street, Falmouth, Trelawny, Jamaica
· Using our online customer service form at this link. This option is supported if you have made a booking through Travelholae and have a confirmation number.
We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.
For all disputes, whether pursued in arbitration or small claims court, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. You must send us written notice of the claim using either of the following methods:
· By regular mail or courier to our registered address at Legal Department, Travelholae Limited, 3 Lower Parade Street, Falmouth, Trelawny, Jamaica
The arbitration of any dispute or claim will be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA Rules.
You and we agree that this Section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your claim, as well as afford public injunctive relief where such claims are permitted and cannot be waived by applicable law, and must follow and enforce this Section as a court would.
Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
15. About Travelholae Limited
All of our online reservations services rendered through the Site are provided by TravelHolae Limited ., which is a private limited liability company, incorporated under the laws of Jamaica, having its registered address at 3 Lower Parade Street, Falmouth, Trelawny, Jamaica and is registered with the Companies Office of Jamaica under company registration number 107690.
Travelholae is supported by certain affiliated companies in providing services to you in different locations in relation to their reservations (“Customer Support Companies”). Such services include accepting and dealing with payments for bookings, providing customer care, liaising with the Accommodations and handling complaints and refunds.
Customer Support Companies only provide such services in relation to your reservations, but do not own, control, host, manage or maintain the travelholae.com website (or any other website). The travelholae.com website is domiciled only at its registered office in Jamaica and not at the offices of any Customer Support Company around the world. Customer Support Companies are not authorized to act as Travelholae’s process or service agents, do not have any power or authority to represent Travelholae or to enter into any contract in the name of, for or on behalf of Travelholae. You will also not be able to make a reservation in or through any of these offices as reservations can only be made through the Site.
In addition, Travelholae and its related companies have various other subsidiaries, branches and offices throughout the world providing certain other non-customer related internal supporting roles (“Travelholae Support Companies”). Travelholae Support Companies do not have any power or authority to render our services, to represent Travelholae or to enter into any contract in the name of, for or on behalf of Travelholae and are not authorized to act as Travelholae’s process or service agents, unless specifically authorized by Travelholae.
Travelholae and its affiliated companies (including all Customer Support Companies and all Travelholae Support Companies) do not act as a travel agent except where stated otherwise on the Site. For further information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to their respective sites.
For all questions about traveholae.com, the services or the Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of travelholae.com, the Site or otherwise, please contact Travelholae Limited directly.
More information or questions?
For additional information and to learn more about Travelholae, please also refer to our FAQs on the Site.