Terms of Service
OUT ESCAPES TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (“Terms of Service”) govern your membership on outescapes.com, and their associated mobile sites and your purchases and use of products and services available through the OUT ESCAPES Sites.
By establishing membership on the OUT ESCAPES Sites, or purchasing or using products or services through the OUT ESCAPES Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and OUT ESCAPES, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the OUT ESCAPES Sites, and purchase and use the products and services available through the OUT ESCAPES Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and OUT ESCAPES may be recorded.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by OUT ESCAPES is located at (http://outescapes.com/privacy). You consent to any personal information we may obtain about you (either via the OUT ESCAPES Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. OUT ESCAPES may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
You may establish membership on the OUT ESCAPES Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in OUT ESCAPES sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of Membership
You shall not use OUT ESCAPES membership for any purpose competitive to OUT ESCAPES or its affiliates. You will notify OUT ESCAPES immediately by emailing email@example.com of any unauthorized use of your OUT ESCAPES membership or the OUT ESCAPES Sites known to you, whether by you or a third party.
Each membership shall be unique. You may not combine your membership booking with another person’s booking to create one reservation.
You may cancel your OUT ESCAPES membership at any time by emailing a request to cancel your membership to firstname.lastname@example.org. OUT ESCPES may terminate your membership and refuse any and all current or future use of the OUT ESCAPES Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that OUT ESCAPES determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if OUT ESCAPES determines, in its sole discretion, that you are using your OUT ESCAPES membership in a manner not permitted by these Terms of Service, or (4) in other circumstances, as OUT ESCAPES deems appropriate in its sole discretion.
4. ORDER PROCESSING
OUT ESCAPES may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances OUT ESCAPES deems appropriate in its sole discretion. OUT ESCAPES also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. OUT ESCAPES will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
5. PRODUCT AND SERVICE AVAILABILITY
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact OUT ESCAPES to make alternative arrangements or to cancel your reservation.
6. PRODUCT AND SERVICE DESCRIPTIONS
OUT ESCAPES attempts to provide accurate descriptions of products and services on the OUT ESCAPES Sites. Certain products and services available on the OUT ESCAPES Sites may be designated “OUT ESCAPES Approved.” OUT ESCAPES does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
7. SPECIAL REQUESTS
If you have any special requests in connection with your OUT ESCAPES itinerary, you must submit them on the OUT ESCAPES Sites at the time you book your reservation under “Special Requests”. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. OUT ESCAPES is not liable for any failure to fulfill a special request, and no cancellation due to any special request not being met shall be allowed.
OUT ESCAPES does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
8. PRICING INFORMATION
OUT ESCAPES event packages are sold no more than ninety (90) days prior to the start of the scheduled event. OUT ESCAPES escape packages are sold no more than one hundred eighty (180) days prior to the date of check-in.
OUT ESCAPES pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. OUT ESCAPES retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through OUT ESCAPES. The rates displayed on the OUT ESCAPES Sites reflect OUT ESCAPES pre-negotiated rates, which include the fees retained by OUT ESCAPES.
OUT ESCAPES strives to provide accurate pricing information regarding the products and services available on the OUT ESCAPES Sites. We cannot, however, insure against pricing errors or pricing changes. OUT ESCAPES reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, OUT ESCAPES will notify you by email and correct the pricing on the OUT ESCAPES Sites.
If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the OUT ESCAPES Sites, you will be responsible for paying these charges directly to the service provider. OUT ESCAPES does not guarantee that it offers best available rates for products and services available on the OUT ESCAPES Sites.
9. CANCELLATIONS AND CHANGES TO RESERVATIONS
Cancellations and changes to reservations made through one of our flash sales are not permitted. With respect to other services and reservations available on the OUT ESCAPES Sites, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancellation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur.
To the extent you are eligible to cancel or change your reservation, such cancellation is subject to the property’s cancellation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by OUT ESCAPES.
You may not sell, auction, barter or transfer your reservation to a third party.
10. SERVICE PROVIDER RULES AND RESTRICTIONS
Service providers may impose additional rules and restrictions on products and services available through the OUT ESCAPES Sites. Please read these additional terms and conditions carefully. By purchasing products and services through OUT ESCAPES you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by OUT ESCAPES for any costs we incur as a result of such violation.
11. TAXES AND FEES
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
OUT ESCAPES bookings do not include any incidental charges, expenses or services, except as specifically described in your purchase. You are responsible for any such incidental charges, expenses or services that you incur or consume during your trip.
All reservations booked through OUT ESCAPES must be prepaid in full. You agree to pay to OUT ESCAPES the fees, costs, expenses and other charges in connection with your purchase. You acknowledge and agree that the charges will be billed to your payment card, or that you will pay the charges using another payment method approved by OUT ESCAPES.
Insurance is not included with your purchase on OUT ESCAPES.
15. CONTENT YOU SUBMIT
With respect to any content you submit or make available to OUT ESCAPES (other than personal information, which is handled in accordance with the Privacy Notice (http://outescapes.com/privacy), including by not limited to endorsements or testimonials, you grant OUT ESCAPES a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to OUT ESCAPES.
All notices from OUT ESCAPES intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to OUT ESCAPES.<
17. ENTIRE AGREEMENT
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
19. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that OUT ESCAPES may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of OUT ESCAPES membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at (http://outescapes.com/terms). It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
20. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your OUT ESCAPES membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
21. EFFECTIVE DATE
May 15, 2012.