Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”).
Welcome to the The Vacation Survey® website, which is owned and operated by The Vacation Survey(“The Vacation Survey” or “we”). This Agreement describes the terms and conditions applicable to the services available through this website along with The Vacation Survey’s mobile, tablet, and survey applications (“Site”). This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by The Vacation Survey in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with The Vacation Survey for products, services or otherwise.
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of The Vacation Survey and service providers. In addition, all website materials, including, without limitation, the The Vacation Survey logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2018 The Vacation Survey ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of The Vacation Survey or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of The Vacation Survey or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Licenses and Site Access
The Vacation Survey grants you a limited, personal, nontransferable, non-sublicensable, revocable license to make personal use only of the Site in accordance with this Agreement. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Vacation Survey or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any The Vacation Survey trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without The Vacation Survey’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a The Vacation Survey name, trademark or product name without The Vacation Survey’s express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of The Vacation Survey, and The Vacation Survey shall not be responsible for any data lost while transmitting information on the Internet. In spite of The Vacation Survey’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of The Vacation Survey, access to the Site may be interrupted, suspended or terminated from time to time.
You also acknowledge that while The Vacation Survey strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. To the extent permitted by law, The Vacation Survey makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. The Vacation Survey assumes no liability for disclosure of personal information due to, among other things, errors in transmission, security breaches or unauthorized third parties.
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray The Vacation Survey or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a The Vacation Survey logo or other proprietary graphic or trademark of The Vacation Survey to link to this Site without the express written permission of The Vacation Survey. This limited right may be revoked at any time.
The Vacation Survey makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of The Vacation Survey and The Vacation Survey is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Vacation Survey is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by The Vacation Survey of the site or any information contained therein. When leaving the The Vacation Survey site, you should be aware that The Vacation Survey’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any services available on this Site. By using this Site, you warrant that you possess the legal authority to create a binding legal obligation.
In using this Site, you agree:
not to make any speculative, false, or fraudulent representations;
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
not to use this Site or its Content for any commercial purpose;
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use another’s account, service or system without authorization from The Vacation Survey, or create or use a false identity on this Site;
not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
not to use or access the Site in any way that, in The Vacation Survey’s reasonable judgment, adversely affects the performance or function of the Site; and
not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, electronic mail, text message or by telephone.
Customer Ratings and Reviews
You may register to utilize this Site by completing the specified survey process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your survey data, and any loss caused by your failure to do so is your responsibility.
You agree to indemnify and hold harmless The Vacation Survey and the Covered Parties (defined below) from and against any claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees, expert fees and accounting fees) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of this Site, (iii) your breach of this Agreement or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.
You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to The Vacation Survey, or postings on the Site or The Vacation Survey’s social sites (such as its Facebook and Twitter accounts) (collectively, “Submissions”), are nonconfidential and shall become the sole property of The Vacation Survey. The Vacation Survey shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to The Vacation Survey, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. You agree that The Vacation Survey may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission.
The information and opinions expressed in Submissions on this Site are not necessarily those of The Vacation Survey or its content providers, advertisers, sponsors, affiliated or related entities, and The Vacation Survey makes no representations or warranties regarding any Submission. The Vacation Survey does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE VACATION SURVEY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY THE VACATION SURVEY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT THE VACATION SURVEY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE VACATION SURVEY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. THE VACATION SURVEY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL OR OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, THE VACATION SURVEY EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE VACATION SURVEY DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE VACATION SURVEY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY THE VACATION SURVEY VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES THE VACATION SURVEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VACATION SURVEY OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
THE VACATION SURVEY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE VACATION SURVEY , ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
THE VACATION SURVEY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON THE VACATION SURVEY SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO THE VACATION SURVEY AND THE VACATION SURVEY HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
THE VACATION SURVEY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL THE VACATION SURVEY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE VACATION SURVEY CONTENT OR RELATED SERVICES (COLLECTIVELY THE “COVERED PARTIES”) BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. 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 SUCH DAMAGES.
FURTHER, THE HOTELS AND SERVICE PROVIDERS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A HOTEL OR SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY THE VACATION SURVEY FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. The Vacation Survey shall not be liable for damages or losses that may result from travel to such destinations. The Vacation Survey urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, THE VACATION SURVEY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Arbitration and Applicable Law
To the extent permitted by law, this Agreement and the provision of our services shall be governed by and construed in accordance with New York law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against The Vacation Survey or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by The Vacation Survey or (iii) this Agreement (including the interpretation and scope of this clause and the The Vacation Survey of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association (“AAA”). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in New York, New York or at such other location as may be mutually agreed upon by The Vacation Survey and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply New York law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Vacation Survey will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions, you and The Vacation Survey (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against The Vacation Survey must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, The Vacation Survey will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from The Vacation Survey , The Vacation Survey may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
Notwithstanding any of these terms and conditions, The Vacation Survey reserves the right, without notice and in its sole discretion, for any reason whatsoever to terminate your license to use this Site, and to block or prevent future access to and use of this Site. The Vacation Survey shall not be liable to you or any third-party for any termination of your access to this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Click here for Terms of Sale for Vouchers, which terms and conditions are incorporated herein.
If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. This Agreement (and any other terms and conditions referenced herein) represent the entire agreement between you and each of the Covered Parties regarding your use of this Site and supersede any and all prior statements, representations, or prior versions of these terms and conditions relating to the use of the Site that were displayed previously on this Site. The Vacation Survey reserves the right, in its sole discretion, to amend, modify, or alter this Agreement (and any other terms and conditions referenced herein) at any time by posting the revised terms on this Site. We recommend that you review these terms and conditions periodically.
If you have questions, you can email: email@example.com