Terms & Agreement - Traveler
KindofOutdoorsy.com Traveler Terms & Conditions
LocalOTA is a product name of LocalOTA LLC (“we”, “us” or “our”). References to “you” and “your” in these terms means you, the customer and any other person in your party.
By providing your contact information or registering on GoHostels.com, you are joining the "LocalOTA Reservations" (referred to herein as "LocalOTA") system. This service syncs your login credentials, your reservations and your settings across all of LocalOTA's products.
Except where otherwise specified, we act only as an agent or subagent in respect of all bookings we take and/or make on your behalf including but not limited to activities, home rentals, hotels, and transfers (“Arrangement”). Your contract will therefore be with the individual service provider of the Arrangement in question who is the principal or the agent of the principal (the ‘Service Provider’). When making your booking, our service is only to arrange for you to enter into a contract with the applicable Service Provider of the Arrangement.
As just an agent, we accept no liability in relation to any contract you enter into with the Service Providers, or for any services or arrangements you purchase, or for the acts or omissions of any other person(s) or party(ies) connected with any Arrangement.
Your booking through us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Service Provider you have chosen to contract with. You must read both carefully and accept them in full prior to booking. The Service Provider’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions will be available to you prior to booking via our website.
You may decide to make one or more bookings through us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All Arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package
In any instance, where multiple bookings are made, they shall not constitute a “group” booking. All bookings will be treated independently (i.e. as separate individual bookings).
Any references to ‘package’ on our website, marketing materials or in these Agency Terms & Conditions refers only to the package holidays organised by third party Service Providers on whose behalf we act as an agent. We do not organise or sell package holidays in our own name and we are not an ‘organiser’ or tour operator.
By making a booking with us, you agree that:
you have read the terms and conditions set out below and agree to be bound by them;
1. Booking and payment
When you request to book an Arrangement, you guarantee that you have the authority to accept and do accept on behalf of your party these Agency Terms & Conditions and any applicable Service Provider’s booking conditions. In order to confirm your chosen Arrangement(s), you must pay a non-refundable deposit, partial payment, or full payment as required by the Service Provider of the Arrangement in question. You must also pay all applicable insurance premiums, fees and charges. Your booking is confirmed and a contract between you and the Service Provider will exist when we send you confirmation by email on their behalf, which contains a valid Reservation ID reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to the Service Provider immediately. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you chose to pay a deposit, you must pay the full balance by the Balance Due Date notified to you in the Booking Confirmation. Unless otherwise specified, we will attempt to automatically deducted from the same debit/credit card used to pay your deposit. If full payment is not received (for whatever reason) by the Balance Due Date, we will notify the Service Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions. If you have chosen the option to spread the cost of your booking(s), all instalments must be paid by the date specified at the time of making the booking. In the event of non-payment, the booking(s) may be cancelled – please refer to the cancellation policy. It is always your responsibility to ensure your balance is paid by the Balance Due Date.
Cards are accepted subject to security and fraud checks and we reserve the right to cancel your Arrangement(s) should your booking request fail any element of these checks. Your bank or card issuer may also apply an additional foreign transaction fee.
Please note that a booking is only confirmed when we send you a Booking Confirmation with a valid booking reference number for each Arrangement. On rare occasions, we will be unable to confirm a booking, for example if the payment fails. It is your responsibility to attempt to rebook in this scenario.
2. Prices & Pricing Errors
We reserve the right to amend advertised prices at any time.
We endeavour to ensure that all pricing and other information on the website is accurate. However, it is always possible that despite our efforts there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We will normally check prices before confirming your booking so that, where the booking's correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the booking's correct price at your booking date is higher than the price stated to you, we will update your shopping cart with the updated price and allow you to make the booking.
If we confirm and process your booking where a pricing or other error is obvious and could reasonably have been recognised by you as a mistake, the Service Provider may terminate the contract and refund you any sums you have paid.
3. Online Content
We take all practical steps possible to ensure that the details displayed on the website are accurate and up-to-date, but we do rely upon the information given to us by the Service Provider(s) and are intended to present a general idea of the services and facilities being offered. Sometimes – and particularly at the beginning and end of the season – certain facilities may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests or low occupancy. Some advertised activities or facilities, for example water-sports, may not be available all year round. There may be local charges for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, spa access, tennis courts, pool tables and air-conditioning. Unless specifically confirmed in your room type or board basis, you must assume some, if not all facilities will be payable locally. Any complaints about services or facilities should be directed to the relevant Service Provider.
4. Data Protection
By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking, for market research and analysis, to avoid fraud and to enable us or our representatives to contact you by letter, telephone or email.
You many unsubscribe at any time by clicking on the relevant link in any emails we send you.
5. Amendments by you
If you wish to make an amendment to your booking please contact your Service Provider directly or though your 'My Account' portal. Amendments can only be accepted in accordance with the terms and conditions of the Service Provider(s) of your Arrangement(s). The Service Provider may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangement and will normally increase closer to the date of departure).
At the time of booking you may have the option to select rooms or services which are available at a special rate as they are non-refundable, non-changeable and/or non-transferable from point of sale. This means that from the time the booking is confirmed, no amendments whatsoever (including names, dates and duration) can be made and the only option available is to cancel. Cancellations of this booking type may be charged a 100% cancellation fee by the Service Provider. These items are advertised as “Non-Refundable” and require full payment at time of booking.
Amendment charges are subject to change at any time.
6. Cancellations by you
In the event that you cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph (e.g. because you have chosen a low deposit option), you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Agency Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.
Any cancellation may incur a cancellation fee from the Service Provider(s) under their terms and conditions.
7. Changes and Cancellations by the Service Provider
The Service Provider will inform you as soon as reasonably practicable if they need to make a significant change to your confirmed Arrangement or to cancel your agreement and will endeavour to pass on any information to you in regards to any minor changes before you arrive. We have no liability to you for any changes and/or cancellations by the Service Provider or additional cost or expenses you incur.
8. Our responsibility for your booking
Your contract for the Arrangement(s) is with the Service Provider(s) who will the principal or the agent of the principal and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangement(s). Our responsibilities are limited to the booking service we provide to you. We accept no responsibility for any information about the Arrangement that we pass on to you in good faith if any errors in that information are beyond our reasonable control (e.g. because they are solely due to the fault of the Service Provider). We are also not responsible for any loss or damage that occurs. We do not accept liability for any business losses (e.g. loss of profit, loss of business, business interruption or loss of business opportunity).
We also accept no responsibility for the behaviour of others in your accommodation, or for any facilities/services withdrawn as a result of their action.
In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the cost of your affected Arrangement (or the appropriate proportion of this if not everyone on the booking is affected).
The contract(s) for your Arrangement(s) is between you and the Service Provider(s) who may be the principal or an agent for the principal. Any queries or concerns regarding your contract should be addressed to them.
Certain countries/cities impose additional taxes such as tourist or city tax. This is payable directly to your accommodation and is for maintenance of local facilities. You are wholly responsible for paying these taxes locally prior to check out and they are subject to change by pronouncement of overseas governments. We have no liability to you for these taxes.
11. Ratings and Standards
Star ratings are used to symbolise the overall quality and level of standards of each lodging or activity type and are typically based on criteria including the location of the establishment, the quality of the property, the quality of service provided by the Service Provider. However, there is no uniform and consistent method of star ratings and as such they can vary significantly by country, and often within countries. Also, not all countries have official rating systems. Therefore the rating displayed is only an opinion and should only be used as a guide. If your Service Provider provides an “official” tourist board rating, we will endeavour to include that within the accommodation description. We cannot guarantee the accuracy of any ratings given. All ratings are as provided via the relevant Service Provider and are not our personal ratings.
12. Room Allocation
After registration/check-in at your accommodation, you may be allocated a room. It is your responsibility to verify the check-in and check-out times directly with the Service Provider. Please note that the fact that rooms appear listed together on the same booking itinerary does not guarantee that they will be adjacent to one another or otherwise in close proximity.
13. Building Work
From time to time, maintenance, renovation or refurbishment and its associated noise are unavoidable at a hotel/accommodation.
Please note that municipal works (for example road works) and other third-party building work in the vicinity of your accommodation is not the responsibility of the accommodation or Service Provider.
14. Law and Jurisdiction
These Agency Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Iowa. The parties each submit to the jurisdiction of the Iowa District Court sitting in Hardin County, Iowa as the principal offices of the Company are located in Hardin County, Iowa.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.