TERMS OF SERVICE
This is a binding legal agreement (“Agreement”). Please read the Terms of Service carefully before using this website.
Our Terms of Service (“Terms”) applies to all websites (collectively, the “Applications”) of La Fragata Bungalows.
By using, viewing, streaming, cache, storing, and/or utilizing the Applications, the services or features offered on or by the Applications, and/or the content of the Applications, you have agreed to all of the terms and conditions set forth below . If you do not agree to all of the terms and conditions, please do not use the Applications and exit the Applications immediately. We reserve the right to modify or remove portions of the Terms at any time without notice and, unless otherwise stated, such changes will be effective immediately. Please check the Terms periodically for changes. Your continued use of the Applications following the posting of changes to our Terms of Service will mean that you accept those changes.
Your submission of information through the Applications is governed by our Privacy Policy, which is incorporated herein by reference. and also governs your use of the Applications, to understand our practices, including how we collect, use, and disclose personal information about our users. You represent and warrant that any information you provide in connection with the Applications is and will remain accurate and complete, and that you will maintain and update such information as necessary.
USE OF APPLICATIONS
Use of applications and services.
The services of the Applications are not intended for and should not be used by minors. You may only use the services of the Applications if you are at least 18 years of age and can enter into legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities or other uses that may occur on or through the Applications. You agree to comply with the Terms and any applicable additional terms and conditions.
You also warrant that you are legally authorized to make travel reservations and/or purchases for yourself or for another person for whom you are authorized to act. You may only use the Applications to make legitimate reservations or purchases and you shall not use the Applications for any other purpose, including, without limitation, to make speculative, false or fraudulent reservations, or any reservations in anticipation of demand.
We reserve the right to cancel or modify reservations when it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or are the result of an error or mistake, or an attempt to circumvent La Fragata policies, terms or conditions specific to the bungalows.
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Applications, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not use our Applications for any purpose that is illegal or prohibited by our Terms of Service. We reserve the right, in our sole discretion, to revoke or deny your access to the Applications, including, without limitation, if you violate any of the provisions of the Terms.
You represent that you have read, understood, agree to, and will comply with all provisions of our Terms of Service and any applicable additional terms and conditions, whether or not mentioned herein.
Property rights.
In compliance with this Agreement and subject to applicable law, we grant you a limited, non-transferable, non-sublicensable, revocable license to occupy the specified unit at the specified property only for the specified period of time for which you have reserved, non-commercial purposes. Only and for the maximum number of occupants permitted by us, as confirmed in writing by us (“Confirmation”) and we provide you with the right of entry and exit to and from the property. For the avoidance of doubt, we are under no obligation to make the property available, and there is no binding contract with respect to the property, until such time as you receive the above confirmation (at which point your reservation is deemed “completed”), and in no event shall you be entitled to renewal, extension or recurring use of the property You hereby agree to direct any repair, maintenance and other operational questions, requests or complaints to La Fragata.
Cancellation policy.
-If the reservation is canceled 8 or more days before check-in we will provide you with 50% of the agreed price in credits that can be used for future reservations and are valid for one year from the time of cancellation.
-Any cancellation of reservation 7 days before arrival will have a penalty of the total charge of the stay plus taxes.
Reservation policy
-Adults must supervise their minor children at all times in all areas of the lodging.
-For safety reasons, we recommend that children under 12 years of age or people who do not know how to swim enter the pool with supervision.
-It is strictly prohibited to trespass the boundaries of the property.
-It is not allowed to extract plants or animals from any area of the lodging.
-Smoking is strictly prohibited in the rooms. There will be a penalty of 150 usd. for smoking in the rooms. If you wish to smoke outside, please ask the staff for ashtrays.
Authorization.
You authorize us to charge all applicable sums (including one-time and/or recurring security deposits, reservation fees, subscription fees, and other Service fees, including On-Site Services) for reservations, subscriptions, and/or or other purchases you make through the Service and, in accordance with Section 1.1, for the Damaged Property Fee (defined in Section 1.5), to the payment method specified in your account or otherwise indicated by you when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form for or with us (the “Applicable Payment Method”). In addition, if the applicable payment method is a credit card, then: (a) we may require pre-authorization of your credit card account prior to completing your reservation to verify that the credit card is valid and has the funds or the necessary credit available to cover your reservation, subscription, any security deposit or other purchase, or any property damage charges that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees you owe us under this Agreement. To the extent La Fragata is charged service fees in connection with your use of the applicable Payment Method, you will be responsible for those fees.
Damaged property.
You are responsible for leaving the property in the same condition it was in when you arrived and for following any additional related terms that apply to your stay at a the property. You acknowledge and agree that you are responsible for your own acts, omissions, negligence and willful misconduct, those of your companions and your pets. If we reasonably believe that you, your companions or your pets have damaged the property or any ítems of the property or damaged, removed or stolen any physical item therefrom (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and we will give you two business days to respond to our claim. After this period of time, we will automatically be entitled to charge the full amount of any lost revenue we incur as a result of the damaged property and the full amount of the greater of any costs and fees we actually incur or expect to incur in repairing or replacing damaged property (which may include replacing damaged items with equivalent items) (“Damaged Property Fee”). In addition, if you, your companions or your pets have damaged the property or any items or damaged, removed or stolen any physical items, we may terminate this Agreement and remove you and all of your companions from the property. We reserve the right at all times to repair damaged property in any manner we choose and to pursue, in our sole discretion, any and all avenues available to us to collect the Damaged Property Fee from you.
Personal items.
We are not responsible for any of your property or personal items (collectively, “Personal Items”) during the term of this Agreement or that you may leave at our property after expiration or early termination of this Agreement. Prior to the expiration of the applicable occupancy period, you must remove all of your personal Items from all applicable reserved properties and/or any property. If you have not, and after using commercially reasonable efforts to provide you with reasonable notice, we will have the right to remove, store and/or dispose of any personal items left on any of our properties.
Content.
All photographic and video material produced within our properties must be credited when shared on social media (tagging). All photographic and video material produced within our properties may not be used for advertising, both online and in print, without the explicit authorization of La Fragata. Failure to comply with the requirements mentioned above on behalf of the client will imply a penalty of US $ 100.00 per photo or video and makes you responsible for commercial, criminal or civil lawsuits.
- Promotional information
The Applications may provide or display information related to specific programs, offers or promotions (collectively, the “Promotions”). Any such promotion is subject to its specific terms, conditions and restrictions. Please read carefully and review the terms, conditions and restrictions of each Promotion. We reserve the right to modify or withdraw such Promotions at any time without notice.
- Disclaimers
Electronic transmissions, including the Internet, are public media and any use of such media is public and not private. The information relating to or arising from such use is public or proprietary to those collecting the information, and not personal or proprietary information.
You agree that you use the application at your own risk. To the fullest extent permitted by law, the Applications and the information contained therein are provided “as is” and on an “as available” basis without warranty of any kind, either express or implied. We make no guarantees or warranties that the Applications and/or the information contained therein will be available, adequate, accurate, uninterrupted, complete, or error-free. We are not responsible or liable for any malicious or unauthorized ware and you are solely responsible for ensuring that you have appropriate scanning and protection mechanisms in place for the security of your devices, programs and information. by using any of the applications, you assume all risk of loss that may arise or be associated with such use.
Electronic Communications Privacy Act Notice: We do not guarantee the confidentiality or privacy of any communication or information transmitted through the Applications or any website/mobile application linked to the Applications. We will not be responsible for the privacy of information, email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the applications, or otherwise connected with your use of the applications.
- Forums and public communication
If you participate in a chat area, messaging service, or email feature (collectively, the “Forum”) offered as part of the Applications, you must not: (a) defame, abuse, harass, or threaten others; (b) make any hateful, hateful, or racially offensive statement; (c) advocating illegal activities or discussing illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise, sell or solicit others; (g) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Applications; (h) post or distribute any software or other material that contains a virus or other harmful component; or (i) post material or make statements that are generally not pertaining to the designated topic or topic of any chat room, messaging service, or other service. You will remain solely responsible for the content of your messages and you shall indemnify and hold harmless the Indemnified Parties for the content of such messages. We reserve the right to remove or edit content from any Forum at any time for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly grants to us) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from, and distribute such materials or incorporate the materials in any form, media, or technology now known or later developed throughout the universe. You further warrant that all so-called “moral rights” in those materials are waived.
8.Termination
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing use of the Applications and destroying all materials obtained from any and all such Applications and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Your access to the Applications may be terminated immediately without notice from us if, in our sole and absolute discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must stop using the Applications and destroy all materials obtained and all copies thereof, whether made under this Agreement or otherwise.
Notwithstanding any termination of this Agreement, you acknowledge and agree that the sections on Use of the Applications, Disclaimers, Limitation of Liability, Indemnification, Severability, Jurisdiction and Choice of Law and Digital Signature Provisions will survive termination of the Agreement.
- Jurisdiction and choice of law
The products and services described and available through the Applications may not be available in your country or state. Those who choose to access the Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If your use of the Applications or your viewing or use of any material or content therein or the services offered violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Applications and you must exit immediate.
- Digital Signature Provisions
You declare and warrant that you have the legal right, power and authority to enter into this Agreement on behalf of yourself and any member, purchaser or supplier participating in the Applications. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in National and Global Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed , signed , accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that the Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is fully valid, it is legal, enforceable, binding and non-rebuttable on you and the member, buyer or supplier on whose behalf you are acting.
CUSTOMER SUPPORT
For any clarifications or any doubts about the Terms and Conditions, please contact the email Hola@lafragata.pe
