Terms of Service

Last Revised:  November 1, 2016

 

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using staykindly.com (“the Site”) operated by StayKindly, LLC (“us”, “we”, “our” or “StayKindly”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.staykindly.com.

 

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, shopping or booking reservations or contributing content or other materials to the Site, you agree to be bound by these Terms of Service of both StayKindly, LCC AND Travelscape, LLC.  To learn more about the Travelscape, LCC Affiliate Program Agreement please review these Terms of Service.

 

 

StayKindly.com TERMS OF SERVICE (“AGREEMENT”)

 

 

IMPORTANT NOTICE

BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER CONTAINED BELOW.

 

 

Site Usage

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Site in accordance with all Terms & Conditions herein. If you are using this Site and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms & Conditions. You agree to be financially responsible for all of your use of the Site (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true, current, complete and accurate. Furthermore you also confirm that the traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.

 

 

Intellectual Property

The Site and its original content, features and functionality are owned by StayKindly and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

 

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, dispute resolution and limitations of liability.

 

 

Hotel Reservations Rules and Regulations

Photos of the hotel and information provided regarding the service, amenities, products, etc. have been provided to us by our suppliers and partners. StayKindly accepts no responsibility for their accuracy or any changes that the supplier has not updated.

 

Specific features such as bedding type or non-smoking rooms are simply a request and not guaranteed unless otherwise specified by the hotel. While most hotels will strive to honor your requests, neither StayKindly nor the hotel will guarantee that your request will be honored.  We recommend calling the hotel directly to confirm bedding and room preferences prior to your arrival and check-in.

 

Some rates have special requirements such as Corporate, Government (including Military), AAA, or AARP membership. These rates will require you to present identification at the time of check-in to prove that you’re eligible for those special rates. Hotel properties are not obligated to honor these rates if you do not qualify or if you don’t have identification confirming your eligibility.

 

No refunds will be issued for unused room nights due to early departures.

 

 

Pet Policies:

It is very important that you confirm directly with the property that they do, indeed, accept pets. StayKindly accepts no responsibility for an individual property’s pet policy. You must call the hotel directly to confirm pet policies, including fees and pet restrictions on breeds and size.

 

 

Pre-Paid Reservations:

Prepaid Reservations are charged to your credit card at the time of booking. This charge includes Full Base Amount (room only) of the reservation. Some hotel properties may also charge a Resort Fee, Energy Surcharges and Cleaning Fees.  StayKindly strives to display those fees on our Site.  However, these fees are separately billed by the Hotel Property and not collected by StayKindly as part of your Pre-Paid Reservation.  Hotels also will collect for incidentals such as meals, movies, games, wet bar, parking, phone calls, internet, and other services. The rates displayed on StayKindly are subject to change without notice and are only guaranteed at the time of booking.

 

 

Book Now, Pay Later Bookings:

Book Now, Pay Later Reservations use your credit card to hold your reservation until you arrive for check-in. With Book Now, Pay Later reservations, all fees are collected directly by the hotel on your check-in or check-out.  StayKindly strongly recommends that you confirm Book Now, Pay Later reservations directly with the hotel, no later than 24 hours prior to check-in. On some non-prepaid hotels, hotel companies require a deposit up to the full amount of the stay. These rates are usually non-refundable, with no modifications allowed.

 

 

Meal Plans:

Meal Plan information such as included meals, child dining options and available restaurants is provided to us by our suppliers and partners. StayKindly accepts no responsibility for their accuracy or any changes that the supplier has not updated.

 

 

Airport Shuttles:

Some hotels offer an Airport Shuttle as an extra service. You should always contact the hotel prior to check-in to find out availability and pricing.

 

 

Hotel Changes, Cancellations and Refunds:

Any changes or cancellations should be requested by calling customer service or through the Manage My Booking feature on the StayKindly Site.  The specific rules for cancellation and changes are displayed on the Site and included in your confirmation email.

 

 

No-Show Policy:

A No-Show is when you fail to show up to check-in for your reservation without prior notification. If you are not going to check in for your reservation you will need to contact the hotel directly. Depending on the hotel restrictions you may be charged penalties or lose the entire pre-paid or deposit amount of you booking.

 

 

Hotel Confirmation:

Hotels may take up to 24 hours to return a confirmation number. The process starts when you book the hotel on our Site. We will send you an email stating that your reservation is confirmed. This is to let you know that we have received your request. We suggest you to reconfirm your hotel reservation 24 hours prior to check in.

 

In some cases, the hotel will not receive the actual guest name until 72 hours prior to arrival. Your reservation is secured and guaranteed once you have received the final confirmation email and or voucher. We recommend you contact the property within three (3) days of your scheduled arrival to confirm your details.

 

 

All About Changes, Cancellations and Refunds:

Any changes or cancellations should be requested by calling customer service or through the Manage My Booking feature on the Site.

 

We understand that sometimes plans change. Listed below are additional cancellation and change policies. Some policies may vary by property:

For high-demand special events (i.e: the Super Bowl, Olympics, New Year’s Eve in Times Square) or peak seasonal dates many hotels may change the cancellation policies of the booking.

Cancellations or modifications to the reservation may be subject to StayKindly cancellation fees in addition to fees charged by the property.

Changes to dates, reduction in rooms or any other amendments are subject to fees based on the hotel’s policy.

No credits can be issued for unused room nights due to early departures.

Stay extensions require a new reservation. Original room rate is not guaranteed.

Refunds for early departures, no-shows or cancellations are at the sole discretion of StayKindly and our hotel suppliers.

We reserve the right to be indemnified by you in full against all loss, costs, damages, charges and expenses incurred by us as a result of any cancellation for any reason.

You must call StayKindly if you have any issues during check-in or check-out. Many issues may be resolved by a simple phone call.

 

 

Payment, Taxes and Fees:

In connection with facilitating your hotel transaction, the charge to your debit or credit card will include a charge for taxes and fees. This charge includes an estimated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel 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 hotel. The amount paid to the hotel 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 is a fee retained by StayKindly or our partners as part of the compensation for our services. The charge for taxes and fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and will include profit that is retained by StayKindly or our partners.

 

For new reservations StayKindly does not currently charge a service fee.

 

For changes/cancellations/refunds of hotel reservation, StayKindly does not currently change a service fee.

 

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, include all applicable taxes in the amount billed to us and we or our partners pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor 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.

 

Please note that we are unable to facilitate a rebate of Canadian Goods and Services Tax (“GST”) for customers booking Canadian hotel accommodations utilizing our services or for Value Added Tax (“VAT”) or similar taxes imposed by countries outside the United States.

 

Currency conversions are based on approximate exchange rates at the time of booking and should be used for an approximate guide only. These rates are approximate base room charges. Individual hotels collect payment for per night room tax, resort fees, and cleaning fees, which may be accessed on a daily basis. They also will collect for incidentals such as meals, movies, games, wet bar, parking, and phone calls.

 

 

Links To Other Sites:

Our Site may contain links to third-party sites that are not owned or controlled by StayKindly.  StayKindly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

 

 

Human Error:

If any of our agents make a mistake in the booking process we shall make reasonable attempts to rectify these errors at the time of occurrence. StayKindly stands committed to providing compensation up to a maximum of the entire service fees that StayKindly has collected for that booking. You must notify us of errors within 24 hours of receiving your itinerary. Beyond this 24 hour period, StayKindly will not be responsible for these errors.

 

 

Travel Advisory and 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 Hotels in particular destinations, StayKindly does not represent or warrant that travel to such points is advisable or risk-free and StayKindly can never be held liable for injury, damages or losses that may result from travel to such destinations. StayKindly can under no circumstances be held liable for any incidents occurring during your stay at the Hotel. 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.

 

StayKindly 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, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations.

 

 

CHARITABLE DONATIONS

Commercial Co-Venture:

StayKindly operates an ongoing Commercial Co-Venture Program.  StayKindly makes commercially reasonable efforts to follow the Cause Marketing Guidelines as set out by the New York State Office of the Attorney General.   For more information on StayKindly compliance, please contact us at support@staykindly.com.

 

 

Donation Amount and Calculation:

StayKindly makes a Donation associated with each reservation on our Site.   Donations are calculated based on a simple formula of $5.00 USD multiplied by the number of nights and the number of rooms in each reservation.  For example,

 

A 2 night stay for 1 room will generate a $10.00 USD donation.

2 nights x 1 room x $5.00 = $10.00 Donation

 

A 4 night stay for 2 rooms will generate a $40.00 USD donation.

4 nights x 2 rooms x $5.00 USD = $40.00 Donation

 

StayKindly reserves the right to modify the donation amount and structure at any time which will be effective for new reservations made after that date.  The current Donation Program applicable for new reservations is always included in the StayKindly Terms of Service.

 

Donations are not available for bookings made through our call center or travel agents.  Given the higher cost of processing manual reservations, StayKindly can only make Donations associated with bookings made directly on our Site.

 

 

Donation Caps and Minimums:

There is no maximum (cap) or maximum (floor) associated with any individual Donation or the overall Commercial Co-Venture program operated by StayKindly.  Each booking made on the Site will be eligible for the Donation amount listed on the site.

 

There is no minimum Donation amount associated with any individual Donation or the overall Commercial Co-Venture program operated by StayKindly.  Notwithstanding the foregoing, a minimal 1 night in 1 room booking is required to generate a reservation.

 

In the event that the Site displays a Donation amount that is different from the Commercial Co-Venture Program listed in the Terms of Service, the Terms of Service amount will govern the Donation made by StayKindly.

 

 

Donation Partner:

StayKindly works with the StayKindly Foundation, a Texas Nonprofit Corporation, to manage our donation process.  All Donations made by StayKindly are sent to the StayKindly Foundation under the terms of our Commercial Co-Venture program.

 

StayKindly and the StayKindly Foundation make commercially reasonable efforts to remit the Donation associated with each reservation to the charity selected by the User.  However, StayKindly and the StayKindly Foundation cannot guarantee that Charities and Non-Profits listed on our Site, will be available and eligible for Donation at the time of Donation Disbursement.  Among, but not limited to, the reasons for this are closure of the charity or loss of tax exemption status of the charity.

 

In the event that StayKindly or the StayKindly Foundation cannot remit a Donation to the Charity selected by a User, StayKindly reserves the exclusive right to select an Alternative Charity to receive the Donation.  Alternative Charities are selected based on their national presence and independent ratings.  In the event that StayKindly is unable to remit the Donation to the charity selected by a User, StayKindly is not required to contact the User about the change.

 

 

Charity Selection:

StayKindly has partnered with GuideStar, Inc to deliver a broad range of available charities and non-profit organizations.  Users can only select donation recipients from the available list of non-profits presented on StayKindly.  StayKindly will not make donations to charities or non-profits not listed on our Site.

 

StayKindly does not warrant the completeness or accuracy of any Non-Profit information.  Further, StayKindly makes no representation regarding the tax status, operation or governance of any charity or Non-Profit listed on our Site.  Users should do their own research on Charities and Non-Profits.

 

 

Effect of Hotel Cancelations and Changes on Donations:

Reservations that are Cancelled by the User prior to completing their stay at the selected hotel are no longer eligible for a Donation.  StayKindly can only make Donations on reservations based on the number of nights and rooms stayed by the User.  Likewise, Changes and Modifications to a reservation may result in a Changes and Modifications to the Donation amount.  StayKindly endeavors to advise Users of the Changes to the Donation associate with their reservation if a reservation change is made, however giving the complexity of Changes, StayKindly cannot guarantee these updated Donations are calculated at the time of booking.

 

 

Donation Disbursement:


Donation Disbursement typically happens within 90 days of the completed reservation.  However, notwithstanding the foregoing, Donation Disbursements could take as much as 180 days.  The Donation Disbursement process can only begin once a reservation has been fully stayed at the selected hotel.  StayKindly endeavors to disburse donations to Network for Good, our Disbursement Partner and Donation Recipient, as quickly as practical.

Donation Tax Implications:

ALL DONATIONS ARE MADE BY STAYKINDLY AND NOT THE USER.  Users are not entitled to any tax documentation or receipts from StayKindly.  StayKindly reserves the right, in our sole discretion, to claim any and all Donations as a tax-deductible donation or business expense.

 

The term Donation does not imply any specific treatment of the Donation amount for tax filing with appropriate state or federal taxing authorities.  StayKindly retains the exclusive right to determine the applicable tax treatment for all Donations.

 

 

Prohibited Activities:

You agree that the travel services and other content of the Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services of the Site may result in you being denied access to such facilities. Use of the Site for any commercial purpose is strictly prohibited. You agree you will not access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our written permission. You agree that you will not violate the restrictions in any robot exclusion headers on this Site, or bypass or circumvent other measures employed to prevent or limit access to this Site. You agree you will not you modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, graphics, software, products, or services obtained from or through this Site or call center. You agree you will not use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site, and that you will not sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.

 

You agree you will not use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment. You will not disguise the origin of the information you transmit through the Site, whether to navigate the Site, make a travel reservation or booking, or post any content.  You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, offensive, defamatory or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

 

You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

 

We reserve the right to cancel your StayKindly account and terminate your use of the Site if you violate any of the above prohibitions.

 

 

Advertising:

StayKindly, LLC does not guarantee, endorse, validate or promote any products and services that are advertised on our Site.

 

 

Resolution of Disputes:

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

 

StayKindly strives to deliver a positive customer experience.  If a dispute arises between us, our goal is to resolve the dispute quickly in a fair and cost-effective way. Accordingly, we strongly encourage you, before taking any other action, to reach out to us by contacting customer service at 1-866-232-3540 or support@staykindly.com so that we have an opportunity to try to address your concerns.

 

Otherwise, you and we agree that we will resolve any dispute, claim or controversy arising out of or relating to your use of the Site, these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of these Terms & Conditions (each, a “Claim”), in accordance with one of the subsections of this Resolution of Disputes section below or as otherwise mutually agreed by the parties in writing.

 

Governing Law; Submission to Jurisdiction:

These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise described in the Mandatory Arbitration provision below, any Claims shall be brought in a court located in Tarrant County, the State of Texas, USA. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

 

 

Mandatory Arbitration:

Any and all Claims shall be resolved via Binding Arbitration initiated through JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) except for claims asserted on an individual basis that are properly filed in a small claims court or other court of competent jurisdiction having a jurisdictional limit of US$10,000 or less. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, except as set forth below, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the Terms & Conditions as a court would.

 

The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this Agreement, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com or by calling JAMS at 1-800- 352-5267. In the event that the arbitrator determines that the claims were frivolous, the arbitrator may (except in California) award to the prevailing party the costs and attorneys’ fees reasonably incurred in connection with the arbitration.

 

Notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to these Terms & Conditions shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). JAMS and the parties must comply with the following rules: (a) the arbitration shall be conducted by a single arbitrator approved by or otherwise affiliated with JAMS; except that if the total amount in controversy is more than US$100,000, the defendant may request a panel of three arbitrators; (b) the party initiating the arbitration shall choose the form in which they would like the arbitration to be conducted: via telephone, online, solely based on written submissions, or at an in-person hearing; (c) notwithstanding the foregoing, if either party requests an in-person hearing: (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration should proceed via telephone, online or solely based on written submissions, (ii) if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is selected by the arbitrator and is reasonably convenient to all parties, and (iii) either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may not award any: (i) incidental, indirect or consequential damages, including damages for lost profits, or (ii) punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages described in subparagraphs (d)(i) and (d)(ii); (e) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (f) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

The arbitrator may not decide issues relating to arbitrability and the scope or enforceability of this Mandatory Arbitration provision, which shall be only for a court of competent jurisdiction to decide. If subparagraph (f) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Judgment on the award issued by the arbitrator may be entered in any court having jurisdiction. This Mandatory Arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.

 

 

Improperly Filed Claims:

All claims you bring against us must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought that are not in accordance with this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys’ fees and costs up to US$5,000, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.

 

 

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. STAYKINDLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY OF INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STAYKINDLY 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. STAYKINDLY 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. STAYKINDLY 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.

 

STAYKINDLY 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.

 

 

General Limitation of Liability:

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STAYKINDLY INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, 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, 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 HOTEL, (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 HOTEL 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 HOTEL (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, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES

StayKindly’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, StayKindly’s liability shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events), (b) two hundred and fifty United States dollars (or its equivalent in local currency) or (c) the total booking fee imposed by StayKindly on your reservation.

 

 

Force Majeure:

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 Hotel’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 a Hotel (including any liability in tort), as to any products and/or services available through the Site.  StayKindly does not guarantee continuous access without interruption to the Site.

 

 

General Disclaimer:

StayKindly does not act as principal but makes arrangements with third-party vendors, such as, but not limited to hotels, car rental agencies, tour operators insurance providers and activities suppliers (each a “Travel Supplier”) for travel-related services which include, without limitation, lodging, and car rental (each a “Service Element”) through our Partners.

 

By using this Site, you acknowledge that the rates offered by StayKindly and affiliate companies are a result of negotiation between our Partners and the Travel Suppliers and include certain fees retained by them for their services, taxes and other charges. When booking with any Travel Supplier thru this Site, you authorize StayKindly, LLC and affiliate companies to book reservations or enter a contract on your behalf with Travel Suppliers for the total price displayed, including such fees and any applicable taxes or charges related to the Travel Supplier’s or StayKindly, LLC’s services.

 

StayKindly shall not be liable for errors or inaccuracies on the Site, or the failure of Travel Suppliers from whom you obtain services through this Site, including but not limited to hotels or car rental agencies. StayKindly, in providing travel management services, does not endorse, guarantee or insure the products or services which are provided by an external supplier, the financial position of such suppliers or the reimbursement to you from any loss as a result of the financial condition of such supplier. In the event that a supplier defaults prior to providing the service to you where a payment has been made, your sole recourse for a refund shall be the defaulting supplier, from insurance covering such defaults if any, or from other responsible third party unless such loss was caused solely by StayKindly, LLC. In those situations in which a supplier defaults prior to providing services you may pursue any recourse against the supplier for a refund, as permitted by law or statute.

 

Except as expressly stated herein, StayKindly, LLC assumes no responsibility for actions relating to travel services beyond the control of StayKindly, LLC or its employees. StayKindly, LLC is not responsible or liable for any act, error, omission, injury, loss, accident, damage, delay, nonperformance, irregularity, or any consequence thereof, which may be occasioned through neglect, or default or any other act or inaction of any Travel Supplier. StayKindly, LLC shall not be liable for any fluctuation in price or accommodations for any travel service, which occurs subsequent to booking and payment for such service. StayKindly, LLC shall not be liable for any cancellation, overbooking, delay, strike, any weather occurrence or governmental occurrence as it affects your travel reservation made with us. StayKindly, LLC shall not be liable for the depiction of travel products and services made available by any supplier of travel products and services, including but not limited to photographs, listed amenities, ratings, and discounts.

 

By booking with us a contract may be formed between you and a Travel Supplier, and additional Terms & Conditions may apply to your booking and purchase of travel-related goods and services. Please read the additional Terms & Conditions provided by such Travel Supplier carefully. You hereby agree to be bound by all the Terms & Conditions of purchase imposed by any Travel Supplier with whom you choose to contract, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier’s rules and restrictions regarding availability and use of fares, products, or services. Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay or during the use of the reserved products or services. Such deposit is unrelated to any payment received by StayKindly, LLC for your hotel, car or airline ticket booking. You understand that any violation of a Travel Supplier’s rules and restrictions may result in the cancellation of your reservation(s), in denial of access to the respective Service Element or services, in your forfeiting any amount paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

 

 

Waiver:

By using the Site, you agree to irrevocably waive any claim against StayKindly, LLC, its subsidiaries or affiliates, and any of such party’s officers, directors, managers, members agents, contractors, or employees, and expressly agree that neither StayKindly, LLC nor any of its subsidiaries, affiliates, officers, directors, managers, agents, contractors or employees, shall be held liable for:

 

  • any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act of omission of, or any failure of performance of any kind by any Travel Supplier;
  • any inconvenience, loss of enjoyment, mental distress or other similar matter;
  • any delayed departure, missed connections, substitutions of accommodations, terminations of service, or changes in fares and rates;
  • any cancellation or double-booking of reservations or tickets beyond the reasonable control of StayKindly, LLC; and
  • any claim of any nature arising out of or in connection with air or other transportation services, products or other features performed (or not) or occurring (or not) in connection with your itinerary.

For avoidance of doubt (and without limiting the foregoing), StayKindly, LLC does not assume any liability whatsoever resulting from cancelled flights, flights that are missed, or flights not connecting due to any scheduled changes made by the relevant airline.

 

 

Indemnification:

You agree to protect and indemnify StayKindly, its affiliates, partners, joint ventures and/or their respective suppliers and any of their respective officers, directors, members, managers, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

  • you or on your behalf in excess of the liability described above provided that such limitation of liability is permitted by the law of your state of residence;
  • by third parties as a result of your breach of these Terms & Conditions, notices or documents referenced on the Site;
  • your violation of any law or the rights of a third party; or
  • your use of the Site.

 

 

Release:

If you have a dispute with a travel product or service supplier(s), including but not limited to airlines, hotels, cruise lines, railroads, car rental agencies, tour operators and consolidators, vacation packages and activities suppliers, traveler assist service providers and insurance providers, you release us, our affiliates, partners, joint ventures and their respective officers, directors, managers, members, agents and employees from claims, demands and damages (direct, indirect, incidental, and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

 

Changes To This Agreement:

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

 

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

 

Contacting us

If you have any questions about the Terms of Service for StayKindly, the practices of this site, or your dealings with this site, please contact us at:

StayKindly.com
support@staykindly.com