Gelpay Services Inc. Terms of Service

1. Eligibility

You must be at least 18 years old and possess the legal authority to enter into binding contracts to use this Website.

2. Conditions of Use

As a condition of your use of this Website, you warrant that:

1. You are at least 18 years of age;
2. You possess the legal authority to create a binding legal obligation;
3. You will use this Website in accordance with these Terms of Use;
4. You will only use this Website to make legitimate reservations for yourself or for another person for whom you are legally authorized to act (a “Third Party”);
5. You will inform such Third Party about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
6. All information supplied by you on this Website is true, accurate, current and complete; and
7. If you have a Gelpay 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.

3. 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 or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations 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:

1. Use this Website or its contents for any commercial purpose;
2. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. 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;
4. 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;
5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. 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
7. “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

You may only use this Website to make legitimate requests to book the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

If your booking or account shows signs of fraud, abuse or suspicious activity, Gelpay may cancel any travel or service reservations associated with your name, email address or account, and close any associated Gelpay accounts. If you have conducted any fraudulent activity, Gelpay reserves the right to take any necessary legal action and you may be liable for monetary losses to Gelpay, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Gelpay Customer Service.

4. Description of Service

Gelpay is an internet company that facilitates hotel bookings and is not a hotel operator or service provider.

5. User Accounts

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account.

6. Bookings and Payments

Booking requests are subject to acceptance by hotel providers or third-party suppliers.

7. Taxes

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. In some jurisdictions, we are required to collect and remit state and/or local taxes on either the entire amount of your booking or on the room rate paid to the hotel. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

8. Payment Methods

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from 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 Gelpay 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.

9. Third-Party Listings

Gelpay is not responsible for the acts or omissions of any third-party service providers or hotels.

10. Cancellation and Refunds

Cancellation and refund policies vary by provider. Gelpay is not responsible for cancellation or refund disputes except as otherwise stated.

11. User Conduct

Users agree to use the Website lawfully and not to interfere with the operation of the Website or the services.

12. Intellectual Property

All content, information, and materials on the Website are owned by Gelpay or its licensors and are protected by intellectual property laws. Unauthorized use is prohibited.

13. Privacy

Gelpay believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and is incorporated by reference to understand our practices.

14. Disclaimer of Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.

15. Limitation of Liability

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Gelpay and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “Gelpay 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 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, Gelpay 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.

Gelpay ratings displayed on this Website are intended as only general guidelines, and the Gelpay Affiliates do not guarantee the accuracy of the ratings. Gelpay and the Gelpay Affiliates and their respective suppliers make no guarantees about the availability of specific products and services.

16. Indemnification

You agree to defend and indemnify Gelpay, Gelpay Affiliates, 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:

1. Your breach of these Terms of Use or the documents referenced herein;
2. Violation of any law or the rights of a third party;
3. Your use of this Website; or
4. Your use of this Website for, or on behalf of, a Third Party.

17. Account Termination

In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, Gelpay has adopted a policy of terminating, in appropriate circumstances and at Gelpay Services Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Gelpay 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.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles. Any disputes arising hereunder shall be resolved exclusively in the state or federal courts located in Utah.

19. Changes to Terms

Gelpay reserves the right to modify these Terms at any time. Continued use of the Website after changes constitutes your acceptance of the revised Terms.