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Terms and Conditions

Last updated on April 6, 2020 

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of the terms and conditions: TRT Interactive USA LLC, a Florida limited liability company ("we", "www.TRTLodging.com/HotelRescue.com" or TRT Hotel Rescue), operates www.TRTlodging.com and other affiliated websites and certain mobile versions and Previous applications contained in the foregoing or otherwise available through external hyperlinks within such websites and associated social media (collectively, the "Site"). The terms and conditions contained or referenced here, our Privacy Policy and, for particular products and services, additional terms and conditions published on the Site, or collateral material that we provide, which applies to such products and services (collectively, the "Terms and Conditions ») apply to your use of the Site and any of the products or services offered through the Site, including your communications with TRTLodging.com. By using the Site or any of the products or services offered through the Site, you accept the Terms and Conditions. If you do not agree to the Terms and Conditions, do not use the Site or any products or services offered through the Site.

We may update the Terms and Conditions from time to time without notice. You agree that it is your responsibility to review the Site and the Terms and Conditions periodically for any changes. Your continued use of the Site, or any products or services offered through the Site, after the publication of any modification will constitute your acceptance of being subject to the Terms and Conditions, as modified.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST EXIT THIS PAGE AND MUST NOT ACCESS OR USE THE SITE OTHERWISE.

  1. REGISTRY

To purchase, redeem, or use any product or service through the Site, or access other features of the Site, you may need to register and select a password and username. By registering, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You must not select or use a false name or an email address owned or controlled by another person or use as a username a name that is subject to the rights of a person other than you without the corresponding authorization.

As a condition of account registration, we require that you allow us to send you informational and promotional emails. This is necessary so that we can provide you with a convenient way to access your orders, view your past purchases, review your shopping cart, and change your preferences. You can opt out of receiving promotional emails at any time as set out in our Privacy Policy.

You are fully responsible for all activities that occur with your username and password, whether or not you authorize such activities. It is your responsibility to keep your password confidential. You must notify us immediately of any unauthorized use of your account. We reserve the right to refuse registration or cancel a username, for any reason, at our sole discretion.

II PURCHASE OF PRODUCTS AND SERVICES

By accessing the Site, in a transaction, including the placing of an order, which is your offer to purchase TRT Hotel Rescue products or services, or to pay for TRT Hotel Rescue products or services, your activity is governed by the terms and conditions.

 

  1. Definitions

As defined in this document:

«Donation»Refers to the amount of money donated by the User to a Supplier account. This is a non-refundable donation to specifically benefit a Seller and does not entitle the User to any Gift Card, Benefit or Promotional Certificate or any other product or service.

Hotel Rescue Gift Cards or Gift Card»Refers to a card (whether physical or electronic) that maintains a supplier credit, which has the face value of the promotional Certificate purchased by the user, which the user can redeem on the supplier website identified in the Gift Card to the products and services offered by the Supplier, and included in the promotional Certificate» 

?Benefits? is a promotional offer from the Supplier for a specific product or service made by the Supplier to the User on the Site, and which can be purchased by purchasing a Gift Card for a promotional Certificate containing such Benefit. The »Benefits» are specific to the Provider that offers it (that is, Hotel or Airline) and are not transferable to other Providers.

"Promotional certificates" Refers to all promotional and commercial certificates for product and service packages, and may include an individual benefit, offered by vendors to users on the site, and which users can purchase by purchasing a gift card. "Promotional Certificates" are specific to the Provider it offers (ie Hotel or Airline) and are not transferable to other Providers.

"User" Refers to anyone who accesses the Site, makes a transaction on the Site, including placing an order to purchase a Gift Card or using any other product or service offered or sold through the Site.

"Provider" Refers to a hotel or airline that offers a Promotional Certificate and / or a Benefit that can be purchased through a Gift Card on the Site

  1. Pricing and availability

TRT Hotel Rescue does not guarantee the availability of any Gift Card or Promotional Certificate on the Site, and reserves the right, in its sole discretion, to modify or discontinue any Gift Card or Promotional Certificate at any time or to add rates at any time. . All promotional certificates are subject to change, and prices for promotional certificates and participating providers may vary. TRT Hotel Rescue reserves the right to cancel any order. Promotional certificates may be subject to limited availability and any offer is valid only while supplies last on site

3 . Terms and conditions for gift cards

By purchasing, using, or attempting to use a Gift Card, you agree to (i) the Terms and Conditions, and (ii) the terms or instructions contained on the Gift Card or on the Site's offer list at the time of sale (the "Special Instructions"). In case of conflict between the Terms and Conditions and the Special Instructions, the Special Instructions will prevail. Any attempt to purchase, redeem, or use a Gift Card that violates the Terms and Conditions or Special Instructions may void the Gift Card and may result in the suspension or termination of your TRT Hotel Rescue account.

Additional terms applicable to TRT Hotel Rescue cards:

  • You must create an account and register to redeem a Gift Card (see Section I).
  • Gift Cards can be exchanged on the Supplier's website identified on the Gift Card for the products and services offered by the Supplier and included in the Promotional Certificate and having the nominal value specified for the Gift Card, such redemption is subject to the Terms and conditions and any special Instructions. TRT Hotel Rescue does not exchange gift cards and does not provide or be responsible for the provision of the products and services offered by the seller and included in the promotional certificate.
  • Gift cards have no additional charges.
  • Gift cards do not have an expiration date.

Four . Terms and conditions for all promotional certificates (including benefits)

By purchasing, using, or attempting to use a Promotional Certificate, including the use or attempted use of any Benefit, you agree to (i) the Terms and Conditions, and (ii) the terms or instructions contained in the certificate or listing offer. at the time of purchase (the "Special Instructions"). In case of conflict between the Terms and Conditions and the Special Instructions, the Special Instructions will prevail. Any attempt to purchase, redeem, or use a Promotional Certificate that violates the Terms and Conditions or Special Conditions may result in Seller not honoring the Promotional Certificate, may void the Promotional Certificate, and may result in the suspension or termination of your Account. TRT Hotel Rescue. Additionally, the following terms apply to all certificates and promotional benefits:

  • By purchasing a Gift Card for a Promotional Certificate, you acquire the right to use the Promotional Certificate in accordance with its Terms and Conditions and any special conditions. Your purchase of the Gift Card completes the sale fulfillment by TRT Hotel Rescue. Although TRT Hotel Rescue anticipates that it will redeem the promotional Certificate, if it decides to do so it is under its sole control and discretion.
  • The Supplier that appears in the Promotional Certificate (and not TRT Hotel Rescue) is the issuer of the Promotional Certificate. Seller (and not TRT Hotel Rescue) is solely responsible for redeeming the Promotional Certificate and for all goods and services provided to it (including but not limited to complying with all national, state and local laws, evaluating and collecting taxes on sales, and comply with unclaimed property laws for un-redeemed or partially redeemed promotional certificates) and for each and every injury, illness, damage, claim, liability and cost you may incur as a result of use or redemption of the Promotional Certificate, including all the products and services offered by the seller.
  • Promotional certificates: (i) have no cash value, (ii) cannot be exchanged for cash, (iii) cannot be returned or canceled for a refund or exchange, (iv) cannot be applied to previously placed orders, (v) they cannot be combined with other promotions or offers, and (vi) are for personal (non-commercial) use only.
  • The unauthorized reproduction, resale, modification or commercialization of the promotional Certificates is prohibited and may lead to its cancellation and possible suspension or cancellation of your account.
  • TRT Hotel Rescue is not responsible for lost, stolen, damaged or undelivered promotional certificates, including those that may be lost in the transmission.
  • We do not guarantee the delivery times of the promotional Certificates and the delivery times provided are only estimates.
  • Promotional certificates may have an expiration date and, if so, will be indicated at the time of sale and on the purchase receipt.

All benefits are subject to the above terms and conditions, as well as the following additional terms and conditions specific to benefits:

  • Profits are sold below face value. The redemption of a Benefit requires that you pay an additional consideration to the issuing Provider. Benefits are worthless without additional consideration.
  • Only one (1) benefit can be redeemed per order.
  • Benefits cannot be used for taxes, shipping and handling, past balances, or the purchase of Gift Cards.

III. CONDITIONS OF USE OF THE WEBSITE

  1. Using your part of the site

You may use the Site solely for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations.

You acknowledge that although the Internet is often a secure environment, there are sometimes service interruptions or events that are beyond the control of TRT Hotel Rescue, and TRT Hotel Rescue will not be responsible for lost data while transmitting information on the Internet. While the goal of TRT Hotel Rescue is to make the site accessible 24 hours a day, 7 days a week, the website may not be available from time to time for any reason, including but not limited to maintenance routine. TRT Hotel Rescue will have the right at any time to change or discontinue any aspect or feature of the Site, including, among others, the content, hours of availability, transmission speed and access or use requirements.

Without limiting the generality of any other provision of these Terms and Conditions, you may not:

  • use any "deep link", "page scraping", "robot", "spider" or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any part of the Site or any Content TRT Hotel Rescue or User Content (TRT Hotel Rescue Content and User Content, collectively, "Content") or obtain or attempt to obtain any material, document or information through any means that is not available on purpose through the Site;
  • attempt to gain unauthorized access to any part of the Site or any Content, or any system or network connected to the Site, through hacking, password "mining" or any other illegitimate means;
  • reverse search or trace any information of any other user of the Site or use the Site to obtain information from any other user of the Site;
  • use any device, software or process to interfere or attempt to interfere with the proper functioning of the Site or any Content, or any system or network connected to the Site, or with the use of the Site by any other person;
  • remove any copyright, trademark, or other proprietary rights notices contained on or on the Site;
  • use the Site or any Content for any purpose that may be, directly or indirectly, competitive or potentially competitive with TRT Hotel Rescue; or
  • use the Site or any Content for any purpose that is illegal or prohibited by these Terms and Conditions.
  1. Content; Property

Table of Contents of TRT Hotel Rescue. ? Table of Contents of TRT Hotel Rescue? Refers to all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code, and associated documentation found on or associated with the Site, other than User Content (defined below) including, but not limited to, the Site as a collective work, design, layout arrangement, and "appearance" of the TRT Hotel Rescue Content. Except as expressly provided in the Terms and Conditions, no TRT Hotel Rescue Content may be copied, reproduced, sold, republished, transmitted, displayed, forwarded or otherwise distributed for public or commercial purposes. Nothing contained in the Terms and Conditions shall be deemed to grant you or any other User any right, title or interest in or for any copyright, trademark or other proprietary right of ours or of any of our licensees.

User content User Content means any content, including text, images, photos, audio, video, and all other forms of data or communication that a User shares with us or our affiliates in any way, including social media, Facebook, survey responses, ratings and comments. User content does not include any TRT Hotel Rescue content. Between you and us, subject to the licenses and rights expressly granted in this document, any User Content published by you is your property.

TRT Hotel Rescue License: You are solely responsible for your User Content. By providing User Content, you grant and represent and warrant that you have all the rights and authority necessary to grant, (i) TRT Hotel Rescue and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid worldwide license and right to use, modify, copy, reproduce, publish, distribute, perform or publicly display, adapt, translate, create derivative works, archive, store, upload, share, publish, sublicense, or otherwise make such User Content available in any form and through any means of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions established in the Terms and Conditions. , all Users on perpetual, irrevocable, non-exclusive, royalty-free and right of use license, said User Content for personal use onal and non-commercial of each User. You hereby waive and irrevocably assign to us each and every one of the moral rights that you may have over or with respect to any User Content that you provide to us.

If you submit an idea or idea expression within your User Content (an "Idea"), you further agree to the following:

  • To the best of your knowledge, the Idea represents your original work, you have all necessary rights to reveal the Idea to us and in doing so, and our use of the Idea will not infringe any third party;
  • Your disclosure of your Idea does not establish a confidential relationship with us or compel us to treat the Idea as confidential;
  • We have no obligation, whether expressed or implied, to develop or use your Idea and it is not owed to you or anyone else for the use of that Idea, related Ideas or ideas derived from your Idea; Y
  • Except to the extent that these terms are superseded by a separate written agreement signed by you and TRT Hotel Rescue, you irrevocably release and release TRT Hotel Rescue and its affiliates from each and every action, cause of action, claim, damages, responsibilities and demands, whether absolute or contingent, that you have now or in the future may have against TRT Hotel Rescue and its affiliates regarding the Idea.

Restrictions on User Content: Without limiting the generality of any other provision of the Terms and Conditions, you may not post, upload or transmit any User Content that:

  • is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, which infringes any third party right or is otherwise objectionable;
  • promote illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or otherwise illegal;
  • is false, misleading or defamatory;
  • is protected by copyright, trade secret or subject to any other intellectual property or privacy rights of third parties, unless you are the owner of such rights or have the express permission of the rightful owner of such rights to upload, post or send said rights contained and to grant us all the rights granted here;
  • provide personal data such as phone numbers, addresses or email addresses, full names or surnames unless you have the explicit permission of the subject of such personal data (including photos of children under the age of 13 without the express permission of the parent or child's guardian);
  • involves the transmission of unsolicited bulk mail, spam, spam, or otherwise interferes with the enjoyment of the Site by other Users;
  • falsely declare or imply that such content is sponsored or endorsed by us or our affiliates;
  • contains restricted or password-only access pages, or hidden pages or images;
  • involves commercial activities or sales without our express prior written consent; or
  • involves sending or making available any material that contains viruses, Trojan horses, worms, time bombs or any other similar software that may damage the operation of the Site or the servers, computers or networks of a third party web provider.

We assume no responsibility for monitoring User Content and we have no obligation to review User Content. Furthermore, we do not guarantee the accuracy, integrity or quality of User Content. However, we reserve the right, at any time and for any reason, to edit or delete any User Content, as well as to selectively post certain User Content (such as Positive User Content).

The foregoing provisions apply equally and are for the benefit of TRT Hotel Rescue, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on their own behalf. .

3 . Disclaimer of Warranty; Liability limitation.

THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES ACCESSIBLE TO OR AVAILABLE THROUGH THE SITE ARE PROVIDED OR ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF ANY KIND, WITHOUT LIMITATION. OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENT, FREEDOM OF INTERRUPTION OR ERROR, VIRUSES OR OTHER DEFECT AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND ANY CONTENT, INCLUDING TRT HOTEL RESCUE CONTENT OR USER CONTENT, IS AT YOUR SOLE RISK.

YOUR SOLE AND EXCLUSIVE SOLUTION FOR ANY DISPUTE WITH US IS TO STOP USING THE SITE. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR "AFFILIATES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE INABILITY TO USE THE SITE OR THE CONTENT OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ALREADY BASED ON THE WARRANTY, CONTRACT,? TORT? OR ANY OTHER LEGAL THEORY, WHETHER WE OR OUR AFFILIATES ARE ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE THAT ALL PROMOTIONAL CERTIFICATES AND BENEFITS, AND ALL PRODUCTS AND SERVICES WHICH ARE PART OF THEM, ARE OFFERED AND ARE THE SOLE LIABILITY OF SELLERS, AND TRT HOTEL RESCUE IS NOT LIABLE FOR SAME AND IN NO SITUATION WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY OF OUR PURPOSE AND OUR OFFICIAL PEOPLE, AND THE INCIDENTS PURSUED BY THE CERTIFICATES SUPPLIERS THROUGH THE SITE, WHETHER BASED ON THE WARRANTY, CONTRACT,? TORT? OR ANY OTHER LEGAL THEORY, WHETHER WE OR OUR AFFILIATES ARE ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

Four . Privacy.

For more information, see the TRT Hotel Rescue Privacy Policy.

5 . Compensation.

You agree to defend, indemnify and hold TRT hotel Rescue and our affiliates immune from and against any claims, losses, liabilities, claims, damages or expenses (including reasonable attorney fees and costs) made against us by a third party, due a, arising out of or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content published, uploaded or transmitted by you, (iv) your use or distribution of any Content of the user, (v) your violation of the Terms and Conditions, (vi) any use of your username by you or any third party, or (vii) the infringement or other violation on your part, or any third party that uses your account or username, of any intellectual property or other right of any person.

6. Termination.

In addition to exercising other resources that may be available, we may, at any time, cancel your account or suspend or prohibit your access to the Site without prior notice for violating any of the Terms and Conditions or for any other reason.

7. Links.

We may provide links to third party websites. We do not recommend or endorse the content of third party websites. We are not responsible for the content of linked third party websites and we make no representations regarding their content or accuracy. Your use of third party websites, including, without limitation, your presentation of the content of such websites, is at your own risk and subject to the terms and conditions of use of such websites. Unless you have executed a written agreement with TRT Hotel Rescue expressly allowing you to do so, you may not link to the Site.

8. Notices

We may send you notice regarding the Site by sending an email to the email address on your account, sending a letter by post to the contact address on your account, or posting on the Site. The notices will take effect immediately. Any notification will be deemed delivered to the party receiving such communication (i) one business day after deposit with an overnight carrier, (ii) three business days after the date of shipment if mailed, (iii) the date in which we publish the notice on the Site, or (iv) the date of transmission if sent by email.

9. Individual arbitration, without class action lawsuits 

All disputes or claims that arise or are related in any way to your visit to the Site, your purchase, exchange or use of any of the products or services offered on the Site, the Terms and Conditions or the Privacy Policy will be exclusively resolved through binding arbitration, rather than in court, except for matters that may bring you to small claims court. You acknowledge that you give up your right to a jury trial and that you will not proceed in a lawsuit in state or federal court. Arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with AAA's commercial arbitration rules, including AAA Supplemental Procedures for consumer-related disputes (where applicable), and will be governed by Federal Law of Arbitration. The arbitrator shall abide by the terms of this Agreement, follow applicable law, and may issue reasonable relief, including monetary damages, and a mandatory injunctive, declaratory, or statutory measure.

To begin an arbitration proceeding, you must send a letter requesting arbitration, including a description of your claim, to our registered agent. We will pay all claims filing, administration and arbitration fees totaling less than $ 10,000, unless the arbitrator determines that the dispute was frivolous. For larger claims, payment of those fees will be governed by the AAA fee schedule for Consumer Arbitration Costs. Any of us may recover attorneys' fees in arbitration as if the dispute were in court, as provided by applicable law. The arbitration will be conducted solely on the basis of written submissions unless the arbitrator determines that a telephone or in-person hearing is necessary. A decision of the arbitrator (including all findings of fact and conclusions of law) will be confidential unless otherwise required by law. Nor can a decision be used in any litigation or arbitration involving another person.

All arbitration proceedings will be individual arbitration. You expressly agree that no other claims can be combined with your claims. In addition, you agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, the right to a jury trial, and the right to file or join a class action, and you expressly acknowledge that the parties reject the collective arbitration. Neither you nor we have the right to join, sue on behalf of an alleged class or consolidated claims, or arbitrate any claim as a representative or in a class action.

If any part of this Section, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision will be removed and the remainder of this Section will remain in effect and will be construed according to its terms as if the inapplicable provision was not included. If it is determined that the class action or class arbitration exemption is not enforceable, then the entire arbitration provision will be null and void.

The location of any dispute resolution, through arbitration or litigation, will be in Miami, Florida, USA. USA Similarly, any action to enforce an arbitration award must be conducted in the state courts of the State of Florida, located in Miami-Dade County, Florida. You irrevocably accept the jurisdiction of such courts. You agree to the personal jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, USA. USA, and waives any objection to such jurisdiction or location.

Notwithstanding anything to the contrary in this section, each of us may file suit in court to prohibit infringement, unauthorized access or misuse of computer networks, customer data, misappropriation or theft of intellectual property or another violation of your obligations under Section III .1 (Your use of the Site) or Section III.2 (Content: Ownership) of the Terms and Conditions. The jurisdiction and place of such action will be the state and federal courts located in Miami-Dade County, Florida, USA. Except that a party seeking to enforce such illegal action may bring such action in the courts that have proprietary jurisdiction and in the place from which such inappropriate action or activity physically emanates.

  1. Governing Law 

The Terms and Conditions will be governed and interpreted in accordance with the internal laws of the State of Florida, without taking into account its provisions on conflicts of laws.

  1. Geographical restriction

The website owner is based in the state of Florida in the United States. We provide this site only to users located in the United States and Latin America. Without limiting the foregoing, neither the Site nor the products or services are offered, nor are they considered as offered, to any User outside the United States and Latin America, and specifically to no User in the European Union. Furthermore, we do not claim that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal for certain people or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Full agreement

The Terms and Conditions represent the complete agreement between you and us regarding the subject matter discussed in this document, our Privacy Policy or any of the additional terms and conditions for particular products and services published on the Site, or collateral material that we provide hereinafter. . products and services, and supersedes all prior to contemporary written or oral agreements or understandings. The Terms and Conditions will be binding and will benefit the parties hereto and their respective successors and legal assigns.

  1. Resignation.

Any failure by TRT Hotel Rescue to enforce or exercise any provision of the Terms and Conditions shall not constitute a waiver of that right or provision. The fact that we do not act with respect to an infringement by you or third parties does not mean a waiver of our rights to act with respect to subsequent or similar infringements.

  1. Various.

The section headings used in this document are for your convenience only and will have no legal force or effect. If any provision of the Terms and Conditions is invalidated by a court of competent jurisdiction, such invalidity will not affect the applicability of any other provision of the Terms and Conditions and the remaining provisions of the Terms and Conditions will continue in full force and effect.

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