TERMS AND CONDITIONS
Welcome to the Hosted Tours, LLC website (the “Site”). Our Site is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with us and/or other travel suppliers, and for no other purposes.
This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Site in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all terms and conditions of this Agreement, please do not use this Site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified Agreement.
Article I. Definitions
Section 1.01 "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Products and Services.
Section 1.02 “Custom Quote” means a price for any Products and Services provided by Hosted Tours or its agents, as well as any communication from Hosted Tours or its agents related to same.
Section 1.03 “Hosted Tours,” “we,” “our” and “us” refer to Hosted Tours, LLC, a Colorado limited liability company.
Section 1.04 "Products and Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, sports and/or other activities, guide or instructional services and other items or services, including but not limited to apparel or souvenirs, available through Hosted Tours.
Section 1.05 "Provider" means Hosted Tours’ licensors, suppliers, information providers, and travel and leisure service providers.
Section 1.06 "Purchase" means to book, reserve, or purchase.
Section 1.07 "Site", "Content" and "Products and Services" do not include the sites, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
Section 1.08 "Site" means this website and any respective subsites, together with the respective Content, Products and Services available from this Site and any subsites.
Section 1.09 “You” refers to the customer visiting the Site and/or requesting a customized quote and/or booking a reservation through us on this Site, or through our agents.
Article II. Use Of The Site
Section 2.01 Conditions. As a condition of your use of this Site, you warrant that:
a. you are at least 18 years of age;
b. you possess the legal authority to create a binding legal obligation;
c. you will use this Site in accordance with this Agreement;
d. you will only use this Site to request legitimate transactions or to make legitimate reservations for you or for another person for whom you are legally authorized to act; and
e. all information supplied by you on this Site is true, accurate, current and complete.
Section 2.02 This Agreement governs your use of all Content, Products or Services available through the Site, or through our agents. You agree to be bound by this Agreement, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Hosted Tours and its Providers.
Section 2.03 We retain the right at our sole discretion to deny access to anyone to all or any component of this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Article III. Additional Terms, Rules And Restrictions
Section 3.01 Terms and Conditions of Providers. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Provider’s rules and restrictions regarding availability and use of lodgings, products or services. You acknowledge that some third-party Providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. For example, hotels have cancellation and pet policies, airlines have contracts of carriage, and ski lift tickets, skiing guides and/or instructors or similar activities require a liability waiver.
Section 3.02 Violation of Providers’ Terms and Conditions. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Article IV. Prepaid Reservations
Section 4.01 Reservations. You acknowledge that Hosted Tours negotiates certain rates with various local Providers to facilitate the booking of reservations on your behalf. The rate provided in your Custom Quote is a combination of the negotiated rate for lodging or services reserved on your behalf by Hosted Tours and the facilitation fee retained by Hosted Tours to compensate us for our services. You authorize Hosted Tours to book reservations for the total reservation price, which includes the rate provided in your Custom Quote, plus tax recovery charges, and service fees. You agree that your credit card will be charged by Hosted Tours for the total reservation price. Upon acceptance of your Custom Quote, you authorize Hosted Tours to facilitate reservations on your behalf, including making payment arrangements with Providers.
Section 4.02 When Payment Due.
a. Reservations made more than Sixty (60) days before arrival. If reservations are made with a time period of more than sixty (60) days between booking and the first scheduled Product or Service, then initial payment will consist of two (2) days’ lodging, or any other amount determined by Hosted Tours, and will be due within seven (7) days of Your acceptance of Your Custom Quote. Payment in full for all Products and Services and any additional charges will be due sixty (60) days before the first scheduled Product or Service.
b. Reservations made with sixty (60) or fewer days before arrival. Late reservations may be accepted, subject to availability. If reservations are made with sixty (60) or fewer days between booking and the first scheduled Product or Service, payment will be due in full upon booking.
c. Group Reservations. For group reservations of ten (10) or more people, a deposit of Three Hundred Dollars ($300.00) per person is due upon booking. Payment in full will be due sixty (60) days before the first scheduled Product or Service, or upon booking, if the first scheduled Product or Service is less than sixty (60) days from the date of booking.
d. Changes. You agree to pay any cancellation or change fees that you incur. Upgrades and one free allowable change per reservation are permitted. Other changes will be assessed on a twenty five dollar ($25.00) charge per change and are subject to availability. Changing properties is not an allowable change.
Section 4.03 Cancellation. Subject to
Section 5.01 below and
Section 4.02 above, if any reservation is cancelled with sixty (60) days or more between the date of cancellation and the date of the first scheduled Product or Service, You shall be entitled to a full refund, minus a service fee of ten percent (10%) and minus any Provider’s cancellation fees, or any other costs or fees related to the cancellation. If any reservation is cancelled with fewer than sixty (60) days between the date of cancellation and the date of the first scheduled Product or Service, You shall be entitled to a refund of fifty percent (50%) of the total reservation price, minus any Provider’s cancellation fees or any other costs or fees related to the cancellation.
Section 4.04 Frequent Flier Miles. Subject to availability, You will be entitled to “frequent flier miles” provided by airlines that provide mileage bonus programs. You should specify Your valid account number for the airline providing the service at the time of booking. Hosted Tours reserves the right to charge a fee of Fifty Dollars ($50.00) per person if copies of travel documents for mileage verification purposes are requested.
Article V. Liability Disclaimer
Section 5.01 Errors on this Site. The information, software, Products, and Services published on this Site may include inaccuracies or errors, including pricing errors. In particular, Hosted Tours does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, and other travel products displayed on this Site (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.), as much of the information is provided by the respective suppliers. In addition, Hosted Tours expressly reserves the right to correct, at any time, any pricing errors on our site and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.
Section 5.02 Suitability of Information. Hosted Tours makes no representations about the suitability of the information, software, Products, and Services contained on this site for any purpose, and the inclusion or offering of any Products or Services on this site does not constitute any endorsement or recommendation of such Products or Services by Hosted Tours. All such information, software, Products, and Services are provided "as is" without warranty of any kind. Hosted Tours disclaims all warranties and conditions that this site, its servers or any email sent from Hosted Tours or its providers are free of viruses or other harmful components. Hosted Tours hereby disclaims all warranties and conditions with regard to this information, software, Products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
Section 5.03 Availability of Products and Services. Hosted Tours and its providers make no guarantees about the availability of specific Products and Services. Hosted Tours and its providers may make improvements and/or changes on this site at any time.
Section 5.04 Providers as Independent Contractors. The carriers, hotels and other Providers providing travel or other services are independent contractors and not agents or employees of Hosted Tours. Hosted Tours is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Hosted Tours has 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.
Section 5.05 Liability Limitations. In no event shall Hosted Tours, and/or its Providers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use this Site (including, but not limited to, your reliance upon opinions appearing on this web site or in any correspondence with Hosted Tours, its employees and/or its Providers and their employees; any computer viruses, information, software, linked sites, Products, and Services obtained through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, even if Hosted Tours has been advised of the possibility of such damages.
Section 5.06 Limitation of Damages. If, despite the limitation above, Hosted Tours, and/or its Providers are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of Hosted Tours, and/or its Providers will in no event exceed, in the aggregate, the greater of:
a. the transaction fees assessed for your transactions on this Site or in any related contract; or
b. One-Hundred Dollars (US$100.00).
Section 5.07 Allocation of Risk. The limitation of liability found in this Article V reflects the allocation of risk between the parties hereto. The limitations specified in this Article V will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement shall inure to the benefit of Hosted Tours and/or its Providers and their respective successors and assigns.
Article VI. Indemnification
Section 6.01 Indemnification. You agree to defend and indemnify Hosted Tours, and/or its Providers and any of their officers, directors, 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 third parties as a result of:
a. your breach of this Agreement or the documents referenced herein;
b. your violation of any law or the rights of a third party; or
c. your use of this Site.
Article VII. Links To Third-Party Sites
Section 7.01 This Site may contain hyperlinks to websites operated by parties other than Hosted Tours. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is entirely Your responsibility to take precautions to ensure that whatever links You select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
Article VIII. Miscellaneous
Section 8.01 Forum and Governing Law. This Site is operated by Hosted Tours, LLC, a Colorado limited liability company and this Agreement is governed by the laws of the State of Colorado. You hereby consent to the exclusive jurisdiction and venue of courts in Routt County, Colorado in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including, without limitation, this paragraph. 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 one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Section 8.02 No Assignment. Your acceptance of this Agreement and your use of the Site does not create a joint venture, partnership, employment, or agency relationship with Hosted Tours. You may not assign, delegate, or transfer your rights or obligations under this Agreement. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
Section 8.03 Compliance with Existing Law. Hosted Tours’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to Your use of this Site or information provided to or gathered by Hosted Tours with respect to such use.
Section 8.04 Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Agreement shall continue in effect without further change.
Section 8.05 Entire Agreement. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between You and Hosted Tours with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Hosted Tours with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section 8.06 Notice. To the extent that Hosted Tours may need to contact You, You agree that we may do so via any electronic means including but not limited to communication posted on the Site, electronic mail, or instant messaging. If You have any questions or concerns about this Agreement or if You need further assistance with respect to access or use of this Site or the services offered by Hosted Tours, You may contact us as indicated below:
Hosted Tours, LLC
P.O. Box 776237
Steamboat Springs, CO 80477
Section 8.07 Reservation of Rights. Any rights not expressly granted herein are reserved in whole by Hosted Tours.