Terms of use

This is an agreement between Hotels “Members” and IBC Hospitality Technologies and IBC Hotels LLC (“IBC”) as well as between Guests and IBC. Welcome to the ivhtravel.com website (the “Website”). This Website 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 travel suppliers, as well as to assist hotels and lodging in providing their availability and services for travel-related hotel goods and for no other purposes. The terms “we”, “us”, “our” and “IBC Hotels” refer to IBC Hotels, IBC and IBC Hospitality Technologies, a subsidiary of InnSuites Hospitality Trust (IHT) and its affiliates including patent-pending InnDependent InnCentives hotel rewards loyalty program. The term “you” refers to the hotel or customer visiting the Website and/or booking/providing a reservation/hotel room through us on this Website, or through our reservation service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully. By accessing or using this Website, booking any travel products or services on this Website, or contacting our reservation center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or make bookings through this Website or our Reservation Center Agents. IBC may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations and/or provide legitimate hotel rooms for you or for another person/hotel for whom you are legally authorized to act; (v) you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an ibcmembers.com profile account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand/supply;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization. If your booking or account shows signs of fraud, abuse or suspicious activity, IBC may cancel any bookings associated with your name, email address or account, and close any associated IBC accounts. If you have conducted any fraudulent activity, IBC reserves the right to take any necessary legal action and you may be liable for monetary losses to IBC, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact IBC Customer Service.

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of reservations, products, or services. Hotels may change their prices without notice. We/Hotels reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by IBC Hotels for your hotel booking. 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. 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.

PRIVACY POLICY

IBC Hotels LLC believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the Website, to understand our practices.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant IBC Hotels and its subsidiaries and corporate affiliates (collectively, the “IBC Companies or InnSuites Hospitality Trust”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “IBC Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that IBC may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant IBC the right to pursue at law any person or entity that violates your or IBC rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that IBC Hotels may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

Some IBC affiliate sites use translate or currency tools made available on this website to enable you to translate content and convert currencies. The translate tools typically use an automated process to translate text and approximate rates and this may result in inaccuracies. Your use of the Translate and Currency tool is entirely at your own risk. IBC Hotels does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations or currency exchanges provided by translation tools on this website.

PREPAID HOTEL RESERVATIONS

You acknowledge that IBC pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that IBC provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee or credit card fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by IBC and the facilitation/credit card fee retained by IBC for their services. You authorize IBC to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on IBC’s services. You agree that your credit card will be charged by IBC for the total reservation price. Upon submitting your reservation request you authorize IBC to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. Hotel suppliers are subject to ACH/Wire fees if any.

Some hotels prefer a guaranteed (GTD) “Split” reservation whereby a deposit is gathered at time of booking and the balance is paid upon check-in by the guest to the hotel.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, IBC do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that IBC pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice IBC for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of IBC act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by IBC to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by IBC for their services vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation, but you may be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations.

You may not book more than 10 rooms online for the same hotel/stay dates. If we determine that you have booked more than 10 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book 11 or more rooms, you must contact IBC’s group travel specialists by phone at (602) 870-6929 or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

PAY NOW OR PAY LATER (4PM HOLD) DETAILS

With certain hotels, hotels may be presented with the option to pay online now or pay later with a 4pm hold at the hotel. If you select the “Pay Online Now (for late arrival)” option, IBC will charge the amount to your credit card in US dollars immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Hotels selecting IBC Collect in full are subject to ACH/Wire Fees for payment by IBC Hotels, if any.

INTERNATIONAL TRAVEL

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. IBC has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, IBC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, IBC and IBC Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, IBC Hotels expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this Website are intended as only general guidelines, and IBC and IBC Affiliates do not guarantee the accuracy of the ratings. IBC, the IBC Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. IBC, the IBC Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

IBC, the IBC Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by IBC or the IBC Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. IBC, the IBC Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from IBC, the IBC Affiliates and/or their respective suppliers are free of viruses or other harmful components. IBC, the IBC Affiliates and their respective suppliers hereby disclaim 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 response, title and non-infringement.

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of IBC or the IBC Affiliates. IBC and the IBC Affiliates are 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 there from. IBC and the IBC Affiliates 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 expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall IBC, the IBC Affiliates and/or their respective suppliers 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 Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if IBC, the IBC Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, IBC, the IBC Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of IBC, the IBC Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to IBC Hotels in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of IBC, the IBC Affiliates, and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify IBC, the IBC Affiliates, InnSuites Hospitality Trust and/or their respective suppliers 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 these Terms of Use or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than IBC Hotels such hyperlinks are provided for your reference or to enhance your visit 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 up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website 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 websites does not imply any endorsement of the material on such websites or any association with their operators. Hotel is providing exclusive agency to IBC Hotels to act as the hotel’s agency of record and showcase the hotel on meta channels as the official hotel website for direct bookings to the hotel. Hotel has the option to request the meta landing page has similar look and feel to the hotel’s web presence.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website (“Software”) or through your mobile application store, including the IBC mobile application (the “Mobile Application”) is the copyrighted work of IBC and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by IBC, IBC Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

Unless Licensee opts out by notifying IBC Partner in writing of same, Licensee hereby elects to participate in other marketplaces (each, a “Marketplace”) that IBC Partner or any licensee of IBC Partner (each, a “IBC Partner Licensee”) may make available through the IBC Partner platform. Licensee acknowledges that additional terms and conditions may apply to each such Marketplace and agrees that its participation in such Marketplace is confirmation of its acceptance of same. Marketplaces include but are not limited to timeshare, fractional ownership and credit card companies.

CURRENCY CONVERTER

If a currency convertor is used, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are many times not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but IBC, the IBC Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

BANK AND CREDIT CARD FEES

Some banks and credit cards impose fees for national and international transactions. If you are making a booking from inside or outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since IBC Hotels may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2017 InnSuites Hospitality Trust. All rights reserved. IBC Hotels is not responsible for content on websites operated by parties other than IBC Hotels Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

COUNTER-NOTIFICATION

IBC respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
1.A clear identification of the copyrighted work you claim was infringed.
2.A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3.Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4.A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5.A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6.The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by email to support@ibchotels.com for the fastest resolution.

You may also send us your notice using the contact information below:

IBC Hotels LLC
Attn: IP/Trademark Legal Dept.
1625 E Northern Avenue, Suite 105
Phoenix, Arizona 85020
USA

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees).

ACCOUNT TERMINATION

IBC has adopted a policy of terminating, in appropriate circumstances and at IBC’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. IBC may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Arizona, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and IBC as a result of this Agreement or use of this Website.

Our 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 Website or information provided to or gathered by us with respect to such use. 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 Website 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.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and IBC Hotels with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and IBC Hotels with respect to this Website. 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.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

LIFE HAPPENS “ROOMER” CANCELLATION PROTECTION TERMS AND CONDITIONS

Roomer Travel Inc. (“Roomer”, “we”, “our”, or the “Company”) hereby offers you (“User”,“You”) to purchase a Cancellation Protection (as defined below), that will allow You to effectively cancel your reservation with Inn suites made via www.innsuites.com up to 24 hours prior to check in date and receive a refund of 70% of your total booking fee, all subject to these Terms and Conditions (“T&C”).

Definitions:
In these T&C, the following words and phrases shall have the meaning set forth below:

“Activation of the Cancellation Protection” shall mean Your activation of the Cancellation Protection, following which (i) You shall be entitled to receive the Refund; and (ii) all Your rights in and to the Reservation shall be transferred to Roomer, all as provided herein.

“Cancellation Protection” shall mean a Protection offered by Roomer under these T&C and made available for purchase on www.innsuites.com, which enables You, upon the Activation of the Cancellation Protection, to receive a Refund from Roomer.

“Cancellation Protection Fee” shall mean the purchase price of the Cancellation Protection, which is determined by Roomer and is indicated on the booking page of a Reservation.

“Refund” shall mean an amount equal to 70% of the Reservation Price in exchange for the transfer of the rights to the Reservation to Roomer. Refund is made in USD

“Reservation” shall mean the online booking of a hotel reservation via www.innsuites.com which is nonrefundable or cannot be cancelled in accordance with its terms.

“Reservation Price” shall mean the price paid by You for the Reservation, EXCLUDING THE CANCELLATION PROTECTION FEE.

What will You receive a Refund for:
A User that paid the Cancellation Protection Fee upon the booking of the Reservation and later Activated the Cancellation Protection in accordance with the terms herein, shall be entitled to cancel the Reservation and Receive the Refund, subject to the transfer of all rights in Your Reservation to Roomer. YOU MAY ACTIVATE THE CANCELLATION PROTECTION UP TO 24 HOURS BEFORE THE CHECK IN DATE IF YOU ACTIVATE THE CANCELLATION PROTECTION LESS THAN 24 HOURS BEFORE CHECK IN DATE THE CANCELLATION PROTECTION SHALL NOT BE INVOKED AND YOU SHALL NOT BE ENTITLED TO RECEIVE THE REFUND.

How to Activate the Cancellation Protection:
The Activation of the Cancellation Protection can be made via: (a) the mail sent to You upon purchase of the Cancellation Protection; in the mail there is a button which allows You to activate the Cancellation Protection subject to the Terms and Conditions; (b) by contacting Roomer’s help desk at help@roomertravel.com or +1 (855) 445 1327 at least 24 hours before the check in date of the reservation.

When will You Receive the Refund:
Following the Activation of the Cancellation Protection, the Refund will be paid to You by Roomer within 14 days of the Activation of the Cancellation Protection. Refund shall be made to your PayPal account in USD.

Roomer’s Rights in the Reservation following the Activation of the Cancellation Protection:

Following the Activation of the Cancellation Protection by You, the Reservation shall become the sole property of Roomer and Roomer may use the Reservation in its sole discretion, including selling the Reservation to a third party through Roomer’s online platform/web site or any other channel or third party channel (the “Secondary Sale”). In the event that Roomer completes a Secondary Sale of the Reservation, for the avoidance of any doubt, You shall not have any right to receive any proceeds or commission in connection with such Secondary Sale. You shall, at all times, assist Roomer in perfecting and enforcing its rights in connection with the Reservation, as provided herein.

What You will Not receive a Refund for:
You shall not be entitled to receive a Refund upon:

Detection by Roomer of fraudulent activity in connection with the Cancellation Protection and/or the Reservation. In order to prevent any fraudulent activity with respect to the Activation of the Cancellation Protection and/or misuse of the Reservation, we hereby expressly state and caution that a User that will misuse the Cancellation Protection, by, among other things, attempting to utilize the Reservation following the Activation of the Cancellation Protection, shall automatically lose his right to receive the Refund and the Cancellation Protection Fee paid to purchase the Cancellation Protection shall not be returned and/or refunded.

Activation of the Cancellation Protection less than 24 hours before the check in date local hotel time of the Reservation.

Activation of the Cancellation Protection following any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolutions, insurrection, military or usurped power, riot, civil commotion, strikes, lockout, terrorism, malicious intent or vandalism, confiscation or nationalisation of or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

General Conditions:
You hereby expressly agree that Inn suites may transfer Your personal data to Roomer, including without limitation, email address and contact information and any other information required for the Activation of the Cancellation Protection and/or the conduct of the Secondary Sale by Roomer.

These T&C do not, and shall not be construed as creating any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Cancellation Protection and/or these T&C will be governed by and interpreted in accordance with the laws of New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to the Cancellation Protection and/or these T&C will be brought in, and You hereby consent to the exclusive jurisdiction and venue in, the competent courts of New York.

These T&C may be amended by Roomer from time to time in its sole discretion.

InnDependent Boutique Collection (IBC) Terms and Conditions

Hotelier is a licensee herein known as a “Member” and desires to license the IBC Hotels trademark and proprietary technology services that are provided by IBC to promote its IBC member’s property(s) and to receive distribution, reservations and additional benefits through IBC.

IBC is a licensor herein known as “IBC” or “Provider” and is in the business of providing sales, marketing and operations software services to its independent hotel Members. All fees are in U.S. dollars unless otherwise designated by IBC.

Member agrees to allocate a certain number of rooms and/or suites or provide on a free sale/sell & report to IBC and payment for booked rooms. This License Agreement is for the form of payment (Split payment (preferred), IBC Collect, Member Collect or combination of IBC/Member Collect) selected by the Member under Payment Procedure in Section G of this agreement. Member has the right to close out rooms and must submit close out requests via email to support@ibchotels.com allowing 48 hours to process such requests, or close inventory via their Property Management System (PMS)/Central Reservations System (CRS) or Channel Manager (CM) integration or via the IBC Marketplace.

Member has access to training via online tutorials and an initial training demonstration free of charge and included in the IBC services are support assistance at support@ibchotels.com.

Member provides rates to IBC by either a) connections via PMS, RMS, CRS or Channel Manager or b) rates are entered in the IBC Marketplace by Member or by IBC when provided manually by email to support@ibchotels.com.

Upon receipt of a reservation, IBC will communicate such reservation to Member via email and/or PMS, CRS or Channel Manager integration, and Member shall honor such reservation. Member will provide hotel confirmation to IBC upon request.

Rates & Commissions:

IBC will invoice the member for their monthly fee in accordance with the service package selected by the member using IBC’s automated invoicing platform in IBC Marketplace.

Member agrees to provide and maintain BAR/Rack rates in parity which are commissionable to IBC at the commission rate specified in the service package selected by the Member for all rooms allocated for sale through IBC and all other selected IBC booking channels including private unique demand channels to a specific set of targeted travelers that have an existing customer relationship with Google and captive channels. Members choosing IBC Internet Booking Engine (IBE) agree to pay IBC booking fee/commission as indicated in their service package for completed bookings received through the IBC internet booking engine on their website.

Member desires and agrees to obtain exclusive OTA benefits including decreased OTA commissions, services and connectivity from IBC’s participating OTA master agreements as exclusive member representative.

Additional GDS/IDS listing and transaction fees or other incremental fees incurred for these services will apply as described in the optional add-on services of this agreement.

IBC services are transparent to the Member and IBC agrees to share all available guest contact information with the Member receiving the guest’s booking. Member has the right to apply their Member guest information for re-marketing and other guest marketing applications.

Cancellation / No Show Policy

Member will provide their standard cancellation and no show policy to IBC. In the event that no policy is provided or Member fails to insert their policy in the IBC dashboard then the following policy will prevail: All cancellations made up to 24 hours of arrival will be entitled to a full refund. Cancellations within 24 hours of arrival will result in a penalty equal to one-night room rate and tax.

In consideration of participation in the private channels the following additional terms and conditions apply: Member agrees that the Commission paid on Room Rate to IBC is private, confidential and shall not disclose it to any Member’s guest without the consent of IBC, and Member shall take such steps as may be reasonably necessary to give effect to the foregoing (i.e. showing only a “masked or full rate” to the Member guest on the guest Member registration card or any other guest communication).

Member agrees to have the Member name listed on meta-sites and IBChotels.com for direct bookings alongside OTAs. If the member prefers their hotel name be listed on meta-sites; at their discretion the meta-search website may list the Member’s name or the Member’s name with the words Official website or may list by IBC Hotels. Members can at their discretion request the dynamically created landing page to look like their website.

If a Member wishes to provide the IBC InnCentives Loyalty Program on reservations NOT booked through IBC, the commission for each reservation will be a nominal 6% commission on the room rate only in the IBC Marketplace or by sending an email to support@ibchotels.com.

Member agrees to all IBC Licensing Terms and Conditions located on either www.ibchospitality.com or www.ibchotels.com and by signing this agreement; the Member is bound by the IBC Licensing Terms and Conditions. IBC Licensing Terms and Conditions are subject to change but the most current IBC Licensing Terms and Conditions can be found on www.ibchospitality.com.

IBC will act as the Member’s merchant of record on Split Pay and IBC Collect. IBC Collect payments will incur an additional 2.5% processing fee for any transactions as outlined in this agreement. IBC will reimburse Member all credit card chargeback plus any credit card chargeback processing fees. Member will provide any necessary documentation requested timely to IBC, or IBC’s credit card processor, to defend any chargeback claims. IBC will be solely responsible for managing the chargeback process and IBC will decide whether to defend the chargeback request.

This agreement has a one (1) year term and will auto-renew for one (1) year terms unless terminated by either party with or without cause by providing a written termination notification no less than ninety (90) days prior to the effective termination date. All monthly service fees due by the member to IBC must be paid in full through to the effective termination date.

IBC is not liable to the Member or any third party under any theory of law, for any indirect, incidental, punitive, special or consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data, even if advised of the possibility of such damages, incurred or suffered by the other arising as a results of or related to any part of this agreement. Notwithstanding anything to the contrary herein, IBC’s and/or Member’s maximum aggregate liability to Member/Member pertaining to this agreement for any causes of action whatsoever, and regardless of the form or cause of action, will be $100.

By signing this form, you represent and warrant: that you currently control and/or own the property(s) and are properly authorized and entitled to the amounts due for bookings at this property(s) and to direct payment of such amounts to the addressee or into the account referenced above: and you have the full power and authority to act on behalf of and bind the property. Further, by signing this form you agree to indemnify, defend and hold harmless, at the request of IBC, the Company, their affiliates, members, directors, officers, employees, and agents from and against any and all claims made by any previous owner or operator of the property relating to or arising from any amounts paid by any of the Companies as direct on the Banking Information Form. Further, by signing this membership form, you hereby accept and understand the terms and conditions set forth on the IBC company websites.

Ad spend by IBC and Member are for ad impressions, clicks, and increased site traffic. Performance and bookings are not guaranteed. In the event that Member selects an automatically recurring monthly charge, then Member will be charged at the beginning of the month or as selected by the Member, if applicable. Cancel by sending an email to support@ibchotels.com. All ad spend is forwarded and spent to ad-serving vendors. All ad-spend is non-refundable.

Both parties hereto have executed this Agreement on the date of the Member’s signature.

IVH Travel hotels and lodging desire to distribute their rates and availability through IVHtravel.com and IVH’s distribution channels for reservations. IVH includes proprietary technology services that are provided by IBC to promote distribute their rates and availability through IVHtravel.com and IVH’s distribution channels for reservations.

IVH is in the business of providing reservations, Meta and marketing services to its hotel members.

All fees are in U.S. dollars unless otherwise designated by IVH.

Participating member hotels agree to:

1. Allocate a certain number of rooms and/or suites or provide on a free sale/sell & report to IVH and payment for booked rooms.
2. Agree to a form of payment (Split payment (preferred), IVH Collect, Member Collect or combination of IVH/Member Collect) selected by the Member under Payment Procedure in Section G of this agreement or by the onboarding process.
3. Close out rooms and must submit close out requests via email to iv@internationalvacation.com allowing 48 hours to process such requests, or close inventory via their Property Management System (PMS)/Central Reservations System (CRS) or Channel Manager (CM) integration or via the IBCMarketplace CRS.
4. Training via online tutorials and an initial training demonstration free of charge and included in the IVH services are support assistance at iv@internationalvacation.com.
5. Provide rates to IVH by either a) connections via PMS or CRS or Channel Manager or b) rates are entered in the IBCMarketplace by Member or by IVH when provided manually by email to iv@internationalvacation.com.
6. Provide hotel confirmation to IVH upon request.
7. Provide and maintain BAR/Rack rates in parity which are commissionable to IVH at the commission rate specified in the service package selected by the Member for all rooms allocated for sale through IVH and all other selected IVH booking channels including private unique demand channels to a specific set of targeted travelers that have an existing customer relationship with Google and captive channels.
8. Members choosing IVH Internet Booking Engine (IBE) agree to pay IVH booking fee/commission as indicated in their service package for completed bookings received through the IVH internet booking engine on their website.
9. Additional GDS/IDS listing and transaction fees or other incremental fees incurred for optional GDS services will apply as in the agreement.
10. Provide lodging’s standard cancellation and no show policy to IVH. In the event that no policy is provided or hotel fails to insert their policy in the IVH dashboard then the following policy will prevail: All cancellations made up to 24 hours of arrival will be entitled to a full refund. Cancellations within 24 hours of arrival will result in a penalty equal to one-night room rate and tax.
11. In consideration of participation in the private loyalty channels the following additional terms and conditions apply: Member/Hotel agrees that the Commission paid on Room Rate to IVH is private, confidential and shall not disclose it to any Member’s guest without the consent of IVH, and Member shall take such steps as may be reasonably necessary to give effect to the foregoing (i.e. showing only a “masked or full rate” to the Member guest on the guest Member registration card or any other guest communication).
12. Agrees to have the Member name listed on meta-sites and IVHTravel.com for direct bookings alongside OTAs. If the member prefers their hotel name be listed on meta-sites; at their discretion, the meta-search website may list the Member’s name or the Member’s name with the words Official website or may list by IVH Hotels. Members can at their discretion request the dynamically created landing page to look like their website.
13. If a Member wishes to provide the InnCentives Loyalty Program on reservations NOT booked through IVH, the commission for each reservation will be a nominal 5.5% commission on the room rate only in the IBCMarketplace or by sending an email to iv@internationalvacation.com.
14. Member agrees to all IVH Licensing Terms and Conditions located on either www.ivhtravel.com, ibcinncentives.com or ibchospitality.com and by listing a lodging on the site or signing an agreement or accepting reservations; the Member/Hotel is bound by the IVH Licensing Terms and Conditions. IVH Licensing Terms and Conditions are subject to change but the most current IVH Licensing Terms and Conditions can be found on www.ivhtravel.com.
15. Agrees that this agreement has a one (1) year term and will auto-renew for one (1) year terms unless terminated by either party with or without cause by providing a written termination notification no less than ninety (90) days prior to the effective termination date. All monthly service fees due by the member to IVH must be paid in full through to the effective termination date.
16. Agrees that IVH is not liable to the Member or any third party under any theory of law, for any indirect, incidental, punitive, special or consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data, even if advised of the possibility of such damages, incurred or suffered by the other arising as a results of or related to any part of this agreement. Notwithstanding anything to the contrary herein, IVH’s and/or Member’s maximum aggregate liability to Member/Member pertaining to this agreement for any causes of action whatsoever, and regardless of the form or cause of action, will be $100.
17. Agrees to Confidentiality- Each of the parties shall use its commercially reasonable efforts not to permit the public disclosure of this Agreement or its terms without consent of the other party. Notwithstanding the foregoing, nothing contained herein shall restrict either party from disclosing this Agreement or its terms to its employees, agents and advisors who have a need to know same and who are subject to an agreement to maintain the confidentially of this Agreement; as necessary for the preparation of any tax returns or audits of any tax return, or as otherwise may be required by valid subpoena or other legally compelled requirement to disclose.
18. Agrees that hotelier represents and warrant: that you currently control and/or own the property(s) and are properly authorized and entitled to the amounts due for bookings at this property(s) and to direct payment of such amounts to the addressee or into the account referenced above: and you have the full power and authority to act on behalf of and bind the property. Further, by signing this form you agree to indemnify, defend and hold harmless, at the request of IVH, the Company, their affiliates, members, directors, officers, employees, and agents from and against any and all claims made by any previous owner or operator of the property relating to or arising from any amounts paid by any of the Companies as direct on the Banking Information Form. Further, by signing this membership form, you hereby accept and understand the terms and conditions set forth on the IVH company websites.

IVH agrees to:

1. Upon receipt of a reservation, IVH will communicate such reservation to Member via email and/or PMS, CRS or Channel Manager integration, and Member shall honor such reservation.
2. IVH will invoice the member for their monthly fee in accordance with the service package selected by the member using IVH’s automated invoicing platform in IBCMarketplace.
3. IVH services are transparent to the Member and IVH agrees to share all available guest contact information with the Member receiving the guest’s booking. Member has the right to apply their Member guest information for re-marketing and other guest marketing applications.
4. IVH will act as the Member’s merchant of record on Split Pay and IVH Collect. IVH Collect payments will incur an additional 2.5% processing fee for any transactions as outlined in this agreement. IVH will reimburse Member all credit card chargeback plus any credit card chargeback processing fees. Member will provide any necessary documentation requested timely to IVH, or IVH’s credit card processor, to defend any chargeback claims. IVH will be solely responsible for managing the chargeback process and IVH will decide whether to defend the chargeback request.

Last modified August 18, 2017

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Reservations Center. Or, you can write to us at:

IBC Hotels, Attn. Service
1625 East Northern Avenue, Suite 105
Phoenix, Arizona 85020 USA
Phone: +1 602.870.6929
Email: support@ibchotels.com
Ibchospitality.com

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