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Terms and Conditions

 

This Agreement governs your use of this Internet site located at www.zunya.com including all webpages, applications, “Contents” (as defined below), and goods, services, features and functions provided or offered on or through this site (collectively, the "Site") and is by and between Humaan Experience Zunya SRL (collectively “Zunya,” “we”, “us” or “our”) and you, whether you are accessing the Site on your own, through an intermediary, or on behalf of any other person or entity ("you"). By viewing, accessing, posting on, interacting or communicating with, engaging in transactions of any kind on or through (including but not limited to making reservations), and/or in any other manner utilizing this Site (the foregoing activities are referred to collectively as “Using” or “Use”), you hereby agree to the terms set forth herein, and in Zunya’s Privacy Policy at www.zunya.com/legal/privacy-policy If you do not agree to the aforementioned terms, you are not authorized to Use this Site.


We reserve the right, in our sole discretion, to modify, add, or remove portions of the terms of this Agreement at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon our posting of the changes to www.zunya.com/legal/terms-and-conditions Therefore, please check www.zunya.com/legal/terms-and-conditions periodically for such changes. You hereby agree that your Use of the Site following the posting of changes to this Agreement at www.zunya.com/legal/terms-and-conditions means that you accept all such changes.


Please note that additional terms and conditions may apply to making reservations and/or check in and/or check out arrangements, and/or engaging in purchases and/or other transactions or activities on or through this Site. You agree to comply with the terms and conditions set forth herein and any and all such applicable additional terms and conditions.


We reserve the right in our sole discretion to revoke or deny your access to the Site, including, without limitation, if you violate any provision of this Agreement.

 

ELIGIBILITY

 

As a condition of your Use of the Site: (i) you must be at least 18 years of age; (ii) you must possess the legal authority and capacity to create a binding legal obligation, including to be bound by the terms of this Agreement; and (iii) your Use of the Site must not violate any law, statute, ordinance, rule or regulation. You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site.

 

RESTRICTIONS ON USE OF SITE AND CONTENT

 

Except as set forth below with respect to “Communications” (as defined below): (i) all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site are owned or licensed by Zunya (hereinafter the “Content”); and (ii) you may not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license or sublicense the Content or use the Content to create derivative works in any form, manner or by any means, for any commercial purpose without the prior written permission of Zunya, and/or otherwise as specifically provided herein.


Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Site and solely for your personal and for non-commercial purposes.


In addition to the foregoing restrictions, you further agree that in connection with your Use of the Site, you will not in any manner:

    •  use any devices or mechanisms, including but not limited to software, routines, malicious or unauthorized code, engines, tools, agents, robots, spiders, crawlers, data mining tools, viruses, worms, Trojan horses, malware, programs, time bombs, mail bombs, cancelbots, spam or other harmful components (hereinafter collectively “Devices”) or engage in any conduct to (i) interrupt, disrupt, alter, destroy, impair, restrict, tamper or interfere with, or otherwise hamper the proper operation of, access to or provision of services to the Site, or (ii) monitor, scrape, download or copy the Site or the Content, or any aspect thereof;

    •  provide or send us any information or data that includes any Devices;

    •  engage in any conduct that creates or is intended to create liability for Zunya;

    •  decipher, decompile, disassemble or reverse engineer any of the software used in connection with the Site; violate the restrictions in any robot exclusion headers on the Site or otherwise bypass, breach or circumvent any security or authentication measures and/or other measures employed to prevent or limit access to the Site; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use or send altered, deceptive or false source-identifying information; impersonate or misrepresent your affiliation with any person or entity; collect or store from the Site any personally identifiable information regarding other users of the Site without their express permission; intercept or expropriate any system, data or information from the Site; deep-link to any portion of the Site (including, without limitation, the purchase path for any reservation services) for any purpose without our express written permission; "frame", "mirror" or otherwise incorporate any part of the Site or Content into any other website, mobile application, product or service without our prior written authorization; use any meta tags or other hidden text or metadata utilizing the Content without our express written consent;

    •  engage in any conduct that: (i) infringes, misappropriates or violates any other party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vi) promotes illegal or harmful activities or substances; (vii) otherwise violates, or encourages any conduct that would violate, any applicable law, statute, ordinance, rule or regulation or that would give rise to civil liability; or

    •  encourage or enable any other individual to do any of the foregoing.


Additional restrictions on the Use of this Site are set forth in other provisions of this Agreement.

 

RESERVATIONS AT ZUNYA

 

You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support

 

COMMUNICATIONS

 

With respect to all communications you make available, provide or send to Zunya, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, hotel reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques and/or any other materials ("Communications"), and all Communications you post, display or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) Zunya a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production and marketing of products and services that incorporate such Communications; (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on a hotel review that you submit) at our sole discretion; and (iii) pursue at law any person or entity that violates your or our rights in the Communications by a breach of these Terms. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Communications.


We take no responsibility and are not liable for any Communications posted on the Site or submitted by you. We have no obligation to post your Communications and reserve the right in our sole discretion to determine whether to publish and/or keep Communications on the Site. We shall have the right (but not the obligation) to monitor and review Communications transmitted or received through the Site and to censor, edit, remove or prohibit the transmission or receipt of Communications (in whole or in part) that we deem inappropriate or in violation of this Agreement. During monitoring, your Communications may be examined, recorded or copied by us, and your use of the Site constitutes your consent to such monitoring, recording and review. The above is limited only by our commitment and obligations pertaining to your personal information set forth in the Privacy Policy. If you do not agree to these terms, please do not use the Site.


Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications.


Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet e-mail to send us transaction instructions (including, for example, instructions that include credit card, wire transfer, routing, banking or other confidential information). Customers who choose to send Internet e-mail messages to Zunya that contain confidential, private or personal information do so entirely at their own risk.

 

ZUNYA’S RIGHT TO MAKE CHANGES

 

Zunya reserves the right to make changes, corrections, cancellations and/or improvements to the Site and Content, and the products, services and programs described therein at any time without notice, including after confirmation of a transaction.

 

INDEMNIFICATION AND RELEASE

 

You hereby indemnify, defend and hold us and the hotels we and our affiliates manage and each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, expenses, judgments, orders and liabilities or costs of whatsoever nature (including attorneys' fees), including without limitation, claims for wrongful death of or injury to any person, loss of or damage to any property, infringement or violation of any intellectual property or personal rights (including without limitation, copyright, patent, trade secret, trademark, service mark, domain name, artist, droit moral, privacy, and/or publicity related rights, or defamation) or violation of any other rights of any kind (hereinafter each a “Claim” and collectively, “Claims”) which arise out of, concern, pertain or relate in any way to: (i) this Agreement (including without limitation, a breach by you of this Agreement); (ii) the Site, including but not limited to the Use of or inability to Use or access the Site or the functioning or non-functioning of the Site; (iii) the Content; (iv) Third Party Sites; (v) the Communications; (v) any act or omission by you, including without limitation, any transaction in which you engage on and/or in connection with the Site and/or any Third Party Sites; and/or (vi) the performance or failure to perform by the Indemnified Parties in connection with any transaction, or activity on or relating to the Site and/or any Third Party Sites (hereinafter subsections (i)-(vi) of this section are referred to as the “Claims List”).


By utilizing the Site, you, and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by or contributed to by the negligence of any of the Indemnified Parties, and whether now known or suspected, which existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the effective date of this Agreement and/or any modifications of this Agreement arising out of, concerning, pertaining or relating in any manner to the items listed in the Claims List.

 

DISCLAIMER AND LIMITATION OF LIABILITY AND WAIVER

 

Your Use of the Site is at your own risk. The Site is provided “as is" and on an “as available" basis without representations or warranties of any kind, either express, implied or statutory. To the maximum extent permissible pursuant to applicable law, on behalf of the Indemnified Parties, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility, or arising from course of dealing or course of performance. We expressly exclude, and you hereby waive any liability on the part of the Indemnified Parties for any special, indirect, direct, incidental, consequential or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill or cost of cover, or wasted management, business, personal or office time, arising out of or relating to the Site or the Content, and whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft, destruction or any other reason.


In particular, and without limitation, we make no oral, written or any other representations, warranties or endorsements regarding the Content or the Site (including but not limited to the Use and/or operation of the Site), and disclaim any and all liability regarding the Content and the Site (including but not limited to the Use and/or operation of the Site).


If you are dissatisfied with the Site or any aspect thereof, or members or suppliers associated herewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.


OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR REMEDY IS LIMITED TO REPLACEMENT OF SUCH PRODUCTS OR SERVICES. WITH RESPECT TO PRODUCTS OR SERVICES ON THE SITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND SERVICES AND NOT WITH US.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE US AND YOU.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

 

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)

 

We make no guaranty of confidentiality or privacy of any Communications or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of Communications and/or any other information, e-mail addresses, registration and identification information, disk space, confidential or trade-secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

 

NO AGENCY

 

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

GENERAL PROVISIONS

 

Except to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and provides that such application of another law and/or jurisdiction cannot be waived or altered by contract, this Agreement shall be governed by and construed in accordance with the laws of Costa Rica, without giving effect to any principles of conflicts of law. In any event, this Agreement will not be governed by the United Nations Convention on contracts for the international sale of goods.

 

Except as otherwise provided herein, if any provision of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

This Agreement and the Privacy Policy constitute the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. You also may be subject to additional terms and conditions that may apply when you purchase goods and services from third party providers.

 

No failure or delay on our part in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. Except as expressly set forth herein, no waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by an authorized representative of the party making the waiver.

 

Except as expressly set forth in this Agreement, the exercise by either party of any remedies under the terms of this Agreement will be without prejudice to any other remedies available under the terms hereof or otherwise available.

 

You agree that you will execute and deliver to us, in recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.

 

Any notices or other communications provided by us under this Agreement, including those regarding modifications of the Agreement, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

CONTACT INFORMATION


If you have any questions about this Agreement please contact us at
HUMAAN EXPERIENCE ZUNYA SRL
Edificio EBC Centro Corporativo
Escazu San Rafael
San Jose, 10203, Costa Rica