These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the privacy statement). These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by Branduus and are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
"Branduus," "us," "we" or "our" means LTD Branduus company under the laws of Georgia, Tbilisi, Georgia.
"Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Branduus. "Service" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform.
"Supplier" means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast), transfers, and any other travel or related product or service as from time to time available for reservation on the Platform.
Prohibited Activities: The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. 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, content, software, products, or services obtained from or through this Website. Any other use of Viator.com content requires the prior written permission of Branduus Additionally, you agree that you will not and will not assist or enable others to:
(a) use this Website or its contents for any commercial or unlawful purpose, (b) access, monitor or copy any content or information of this Website using any robot; spider, scraper or other (c) automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission, (d) 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, (e) deep-link to any portion of this Website for any purpose without our express written permission, (f) frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization (g) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Branduus in connection with the Website, (h) use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website, (i) use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not, (j) use the Website to violate the security of any computer network, crack passwords or security encryption codes, (k) disrupt or interfere with the security of, or otherwise cause harm to, the Website; or (l) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
User Accounts: You need to create an account and provide information about yourself in order to use some of the features on the Website. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time for any or no reason.
We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.
You may terminate your account at any time by closing your account and discontinuing your use of any and all parts of the Website. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
Scope of Our Service: Through the Platform, we (Branduus LTD and its affiliate (distribution) partners) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors to the Platform can make such reservations. By making a reservation through Branduus, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details/invoice of your reservation to the relevant Supplier(s) and sending you a confirmation/invoice email for and on behalf of the Supplier.
When rendering our services, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to Branduus Booking System (BBS) through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, products or services available on our Platform for any commercial or competitive activity or purpose.
Prices and Best Price Guarantee: The prices on our Platform are highly competitive. All room prices are per room for your entire stay and all prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) unless stated differently on our Platform or the confirmation email/ticket. Booking prices are per person or group and subject to validity as indicated on the booking, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation fee. Applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example, non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
We want you to pay the lowest price possible for your stay. Should you find your accommodation, with the same reservation conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee.
Privacy and Cookies: Branduus respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.
Free of Charge: Our Service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
Credit Card or Bank Transfer: If applicable and available, certain Suppliers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the property) to the Supplier bank account to the bank account of the accommodations. Any payment facilitated by us for and on behalf of, and transferred to the Supplier will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain rates or special offers, please note that your credit card may be pre-authorized or charged upon reservation and confirmation of the booking. It may be possible to send a request from the hotel with an active credit card data as a guarantee of reservation or for full or partial payment. Please check the room details thoroughly for any such conditions prior to making your reservation.
Prepayment, Cancellation and No-shows: By making a reservation with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your visit or stay (including The Policies of the Supplier made available on our Platform and the relevant house rules of the Supplier), including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each Supplier is made available on our Platform on the Supplier information pages, during the reservation procedure. Please note that certain rates or special offers are not eligible for cancellation or change. Applicable city/tourist tax may still be charged by the Supplier in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be canceled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Supplier and the reservation. Cancellation and prepayment policies may vary according to room type. Please carefully read The Policies (below the room types or at the bottom of each Supplier page on our Platform) and Important Information in your reservation confirmation for additional policies as may be applied by the Supplier (e.g. with respect to age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Supplier agrees or allows otherwise under its (pre)payment and cancellation policy.
Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Supplier so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Our Customer Service department can help you if needed with informing the Supplier. Branduus does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Supplier.
Correspondence and Communication: Branduus disclaims any liability or responsibility for any communication with the Supplier on or through its platform. Branduus can't guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Branduus or in respect to the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check-out date). Any claim or complaint that's submitted after the 30-day period may be rejected, and the claimant shall forfeit their right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest making screenshots when making a reservation to support your position (if needed).
Ranking, Stars and Guest Reviews: The default setting of the ranking of Suppliers on our Platform is "Recommended" (or any similar wording) (the "Default Ranking"). For your convenience, we also offer other ways to rank the Supplier. Note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria, which include not only the popularity of a Supplier among our visitors but also customer service history and certain booking-related data (number of bookings, cancellations, conversion rate, etc). The stars used for non-hotel accommodations (e.g. bed & breakfasts) do not correspond to the star ranking system as may be applicable to hotel accommodations.
The completed guest review may be (a) uploaded onto the relevant Supplier's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by Branduus at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Branduus. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Disclaimer: However and to the extent permitted by law, neither we nor any of our agents, directors, employees, representatives, distributors, partners (distribution), licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether or not the Supplier has charged you for your room, product or service, or if we are facilitating the payment of the (room/reservation) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) price to the relevant tax authorities. Branduus is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price to the relevant tax authorities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Branduus may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Branduus at its discretion sees fit. You are granting Branduus a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Branduus at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Branduus publishing and using these photos/images. Branduus does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images are assumed by the person who uploaded the photo and is not the responsibility of Branduus. Branduus disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Branduus at any time and without prior notice.
Intellectual Property Rights: Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by LTD Branduus, its suppliers or providers.
Branduus exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
Miscellaneous: To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the Georgia law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Tbilisi, Georgia.
The original Georgian version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Georgian version and any other language version of these terms and conditions, the Georgian language version to the extent permitted by law shall apply, prevail and be conclusive. The Georgian version is available on our Platform or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof.
Passports, Visas & Insurance: When you book with third-party suppliers using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Branduus accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler's failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.