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Terms & Conditions

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOTEL DONOR,  (“HOTEL DONOR” “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.HOTELDONOR.COM (THE “WEBSITE”), IS OWNED AND OPERATED BY HOTEL DONOR. THIS WEBSITE PROVIDES USERS WITH ACCESS TO INFORMATION – INCLUDING INFORMATION RELATED TO CHARITIES – WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”), AS WELL AS TO A VARIETY OF SERVICES, INCLUDING THE ABILITY TO MAKE DONATIONS TO DESIGNATED CHARITIES IN RETURN FOR EXCLUSIVE HOTEL RATES (THE “SERVICES”).

PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY HOTEL DONOR. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. HOTEL DONOR IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY HOTEL DONOR FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES

ELIGIBLE USERS

In order to access the Website and Services, you must be at least 18 years of age. Accordingly, by accessing the Website and Services, you (i) represent and warrant that you are at least 18 years of age or older, and (ii) are fully able and competent to enter into the terms and conditions contained herein, and (iii) can make and abide by the representations and warranties set forth in these Terms of Use; otherwise, you are not authorized to use this Website and we ask you to please exit the Website.  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 these Terms of Use.

Any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these Term of Use. In its sole discretion,Hotel Donor may terminate your account, delete your account information and any content or information that you have posted on the Website, and/or prohibit you from using or accessing the Website, or any portion thereof, for any reason, at any time, and with or without notice to you, if it believes that you are under 18.

Notwithstanding any terms in these Term of Use to the contrary, if you are in a jurisdiction in which the age of majority is greater than 18, all references to 18 in this section shall instead be replaced with the age of majority in your jurisdiction.

If you are the parent or guardian of a child under 18 years of age and believe that they have disclosed personally identifiable information to us, please contact us at info@hoteldonor.com so that we may delete your child’s information.

USER ACCOUNTS

You may need a username and password to use certain features of the Website and the Services. You agree that you will not select a username: (a) belonging to another person or entity with the intent to impersonate that person or entity; (b) that violates the rights of any third party, including intellectual property rights and/or rights of publicity; or (c) that is inappropriate or offensive, as determined by Hotel Donor, in its sole discretion. You hereby expressly permit Hotel Donor to identify you by your username (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or username, and you further acknowledge and agree that all rights in and to your username and account (but not in the personally identifying information associated therewith) are and shall forever be owned by and inure to the benefit of Hotel Donor. You are solely responsible for maintaining the confidentiality and security of your username and password on the Website, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must notify us immediately of any unauthorized use of your account. Hotel Donor will not be liable for any loss or damage arising in connection with any unauthorized use of your account.

 

HOTEL PROPERTIES

The Website allows you to search for hotels and other accommodation properties (“Hotels”) that support Hotel Donor’s mission of bettering the health & well-being of individuals, animals, and the environment. PLEASE READ THESE RESTRICTIONS AND LIMITATIONS CAREFULLY, AS THEY MAY CONTAIN IMPORTANT INFORMATION THAT MAY IMPACT THE TERMS OF YOUR ACCOMMODATIONS AND STAY

Once you have a selected a Hotel, you may receive a discounted rate for your stay by The Website allows you to check dates and availability at Hotels you select. Each Hotel is solely responsible for ensuring that this information is kept accurate and up-to-date. Hotel Donor does not independently verify Hotel availability and makes no warranties or guarantees with respect to availability information displayed on the Website. Availability is only confirmed after you are redirected to the Hotel’s website to complete the booking.  You are encouraged to confirm directly with the Hotel that the Hotel has availability during your intended travel dates. Hotel Donor will not refund donations and will not be held liable for any losses or damages that arise in the event that your selected Hotel does not have availability on your requested dates. Additionally, while we endeavor to ensure that the Hotels honor and accept the discounts described on the Website, applying and/or honoring such discounts are ultimately determined by the Hotels, in their sole discretion. Hotel Donor shall not be liable for any losses or damages arising in connection with discounts, including but not limited to discounts that are not properly applied and/or are not honored by the Hotel. By navigating from the Website to any Hotel’s website, you acknowledge that you do so at your own risk and that Hotel Donor’s terms, practices, and policies no longer apply. You should review the applicable terms and policies, including privacy policies and practices, of any Hotel website to which you navigate from the Website.

 

Hotel Donor makes no representations, warranties, or guarantees whatsoever with respect to any particular Hotel, including, but not limited to, with respect to any Hotel’s safety or security protocols, availability, location, condition, suitability, policies pertaining to payment, cancellation or  issuance of refunds, or other guest policies. You acknowledge and agree that Kind Traveler shall not be liable for any claims arising in connection with any Hotel reservation or stay for which you obtained a discount through the Website.

DONATIONS, PAYMENT PROCESSING OF DONATIONS

By making a donation through Hotel Donor, you authorize Hotel Donor, through its payment processor, to process your donation and charge your credit card for the authorized amount. You further acknowledge and understand that your personal information, including your name, address and email address, will be provided to any charity that you select to receive a donation, unless you choose to make your donation anonymously. 100% of your donation, less any processing fee charged by the credit card company and/or payment processor, will be dispersed to the charity you select.

You understand and acknowledge that any donations you make through the Website are made at your own risk. You are encouraged to independently review the charities listed on the Website, and to make donations only in support of charities that you are familiar with. Hotel Donor makes no representations or warranties that donations will be used for any particular purpose by the charities, and will not be held liable for the use or misuse of donations by any charity.

PROMOTIONAL OFFERS

From time to time, Hotel Donor may make special promotional offers (“Promotional Offers”) available through the Website, including but not limited to flash sales and sweepstakes, sponsored by Hotels or other companies affiliated or not affiliated with Hotel Donor. Such Promotional Offers may be subject to additional terms and conditions, which will be presented to you in connection with the Promotional Offer (“Additional Terms”). By making a donation or purchase in connection with a Promotional Offer, registering for a sweepstakes, or otherwise participating in a Promotional Offer, you agree to be bound by any Additional Terms applicable to that Promotional Offer. To the extent that such Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the Promotional Offer.

DISPUTES WITH HOTELS OR OTHER SERVICE PROVIDERS

Although the Website provides you the ability to review and select accommodations and other travel-related services, you hereby acknowledge and understand that the Hotels and other service providers have sole and complete discretion as to all aspects of the services, including whether to accept or reject your request for accommodation or other services.

Additionally, you also acknowledge and understand that Hotel Donor is solely in the business of connecting you with willing Hotels and other travel-related service providers, and does not itself provide any of the accommodations or other travel-related services, and therefore does not have any control over – and as such makes no representations, warranties, promises, or other guarantees as to – the quality, performance or timeliness of any of the accommodations or travel-related services.

The quality of the accommodations or services requested through our Website is entirely the responsibility of the Hotels or service providers who ultimately provide such accommodations or services to you. As such, you acknowledge and agree that any complaints or disputes about the accommodations or services must be resolved between you and the Hotel or service provider, as applicable.

PROHIBITED USES

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Kind Traveler to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by Hotel Donor, or (vii) for any use other than the business purpose for which it was intended. In addition, in connection with your use of the Website, you agree you will not:

  1. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Kind Traveler representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. post any material that is knowingly false, misleading, or inaccurate;
  3. behave in an abusive and/or hateful manner, or harass, threaten, or attack anyone;
  4. post profanity or language or content that is obscene, sexually oriented, or sexually suggestive or link to sites that contain such content;
  5. post any person’s identifying information (including their names, contact information or any other relevant information) within the Website other than your own, or otherwise reveal sensitive or personal information about another person through the Website;
  6. post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited on the Website. You will not, furthermore, collect personal information about other users for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.);
  7. attempt to access any protected sections of the Website, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Website software;
  8. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs, or share or distribute viruses, licenses, registration information, software keys, “cracks,” or other information, that are designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems;
  9. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  10. violate any applicable local, state, national or international law, or use the Website to discuss illegal activities;
  11. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  12. delete or revise any material posted by any other person or entity;
  13. manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology;
  14. probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
  15. harvest or otherwise collect or store information about others, including e-mail addresses; or
  16. use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

LINKS TO THIRD-PARTY WEBSITES/MATERIALS

This Website may contain hyperlinks to other sites owned and operated by parties other than Hotel Donor, or to articles, resources or other materials. Such hyperlinks are provided only for ready reference and ease of use and do not constitute an endorsement by Hotel Donor. We do not control such websites, and cannot be held responsible for the content or accuracy of anything on these sites, or to any articles, resources or other materials. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Hotel Donor, you acknowledge and agree that Hotel Donor is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, articles, resources, materials, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review.

MISPRINTS AND ERRORS

We endeavor to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.

GENERAL DISCLAIMER

Content and other information contained on this Website has been prepared by Hotel Donor as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Hotel Donor has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by Hotel Donor.

Users relying on Content, materials or other information from this Website do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES AND ANYTHING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND KIND TRAVELER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. KIND TRAVELER MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.  YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, DESCRIPTIONS, SERVICES, HOTELS, SERVICE PROVIDERS, CONTENT, RESOURCES AND MATERIALS AVAILABLE ON/THROUGH THE WEBSITE.

LIMITATION OF LIABILITY

 

IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES AND ANY OTHER DISCLAIMERS IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT HOTEL DONOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES – WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION – AND  INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF KIND TRAVELER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, BREACH OF HOTEL DONOR’S SECURITY OR THAT OF ANY OF OUR SERVICE PROVIDERS, CONTRACTORS, AFFILIATES OR AGENTS, OR ANY BREACH OF SECURITY THAT RESULTS IN THE RELEASE OF OR ACCESS TO YOUR PERSONAL INFORMATION, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES OR CONTENT. IN NO EVENT WILL HOTEL DONOR BE LIABLE TO YOU OR ANYONE ELSE FOR DEATH OR PERSONAL INJURY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE HOTEL DONOR AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

FORCE MAJEURE

Hotel Donor shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Hotel Donor, including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

NOTICES

Any notices to you from Hotel Donor regarding the Website or these Terms of Use will be posted on this Website

MISCELLANEOUS

These Terms of Use constitutes the entire agreement between you and Hotel Donor regarding the use of the Site, superseding any prior agreements between you and Hotel Donor relating to your use of the Site. The failure of Kind Traveler to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or this Website, please contact us by email at info@hoteldonor.com