terms of service

November 17, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE (“AGREEMENT” or “TERMS”).

1. Welcome

Welcome to Wander.io, the website of WANDER, TRAVEL INC., a Canadian corporation (“Wander,” “we,” “our,” or “us”). You agree that any reference to “you” or “your” shall be deemed to include any third party on whose behalf you book hotels or other accommodations through Wander, and by booking hotel or other accommodations through Wander for such third party, you represent to Wander that such third party on whose behalf you book has read these Terms and agreed to be bound by them.

We put a lot of time and resources into bringing you meaningful travel experiences – in a way that will make the world a better place.

The idea is simple: build a company that delivers a travel and accommodations booking platform for smart, adventurous people – and make the world a better place in the process.

It takes a lot of people, a lot of time, and a lot of resources to do that, and to keep it going. We’re honored to be able to do it.

These Terms are here to protect you, by advising you of Wander’s policies and procedures, and to keep Wander safe, operating, and productive – so that we can serve you in the future, and continue to meet our social mission. These Terms may be modified by Wander from time to time, such modifications to be effective upon posting by us on the website.

2. Privacy

Click this link to our Privacy Policy, which forms parts of these Terms and describes how we collect information on your use of Wander.

3. Cancellation & Changes to Your Reservation

By making a booking through Wander, you are (i) offering to purchase a product and/or service from a third party provider of hotel or other accommodation services, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such booking is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

Upon submission of your booking, we may verify certain information relevant to the booking with you, with the accommodations provider, or with other third parties.

Cancellation & Changes by Wander

We reserve the right to (a) refuse any booking at any time; (b) correct any errors, inaccuracies, or omissions – including, but not limited to, errors that affect pricing or availability of accommodations; (c) change or remove any offering appearing on Wander at any time; (d) modify or cancel your booking, whether or not the booking has been confirmed via a confirmation email from us to you, or by any other method. We may do any of the foregoing at any time without notice to you (including after you have submitted payment for your booking). If we modify your booking, we will attempt to contact you first, to provide you with the opportunity to cancel the booking in its entirety. If we cancel your booking, we will promptly attempt to notify you by contacting you via the most recent phone number and email address associated with your account. We reserve the right to limit, reject, modify, or cancel bookings that, in our sole judgment, appear to be placed by unauthorized parties, including resellers.

If your payment method has already been charged for a booking that is later modified or cancelled by Wander, we will issue any refund due via the original method of payment.

Cancellation & Changes by Hotels or other Accommodations Providers

When you book through Wander, you agree to all booking, cancellation and change policies of the hotel or other accommodations provider with whom you book that are made available through Wander. Wander’s services are limited to facilitating bookings between you and hotel and other accommodations providers, and Wander is not a vendor of hotel or other accommodations, nor is Wander a co-vendor of any of the hotels or other accommodations listed on Wander. Bookings may be non-cancellable, non-refundable, non-transferable, and otherwise non-changeable, depending on rules, restrictions, and policies of hotel and accommodations providers. Some bookings may require additional payments for modification or cancellation, depending on the terms of your agreement with the hotel or other accommodations provider.

Hotels and other accommodations are subject to the availability at the time of your arrival, and such availability is solely the responsibility of the hotel or other accommodations provider with whom your booking was made.

You agree that you have read and understood those hotel or other accommodations providers’ policies available through Wander, and that you agree to be bound by them.

Accommodations for Individuals with Disabilities

We cannot guarantee that every hotel or accommodation listed on our website is or will be accessible to individuals with disabilities. You should check with the hotel or other accommodation provider prior to booking, to ensure that they can meet your specific needs.

Check-In Policies

Hotel and other accommodation providers may require that you present a valid passport or other valid government-issued identification at the time of check-in, and that hotels and other accommodation providers may, in their discretion, require payment or a hold on a valid and authorized credit card at the time of check-in. Your credit card must have sufficient credit available. Hotel and other accommodations providers may not be able to accept debit cards.

Currency

[OPTION 1 – IF PRICING IS IN U.S. DOLLARS] All prices displayed on Wander are in U.S. Dollars. Wander is not responsible for any fees or additional costs that are imposed as a result of credit card currency conversion fees, international transaction fees, or fluctuation in exchange rates that may cause differences in amounts appearing on your credit card or other billing statements.

[OPTION 2 – IF PRICING IS DISPLAYED IN OTHER CURRENCIES] Prices displayed on Wander may vary, based on your preferences, or by detection of your IP address, or for other reasons. The currency for the transaction will be displayed at checkout. By completing the transaction, you agree to pay for the booking using the currency displayed, and you acknowledge that, due to the constant fluctuation of exchange rates, the charges that ultimately appear on your credit card statement may differ from the price displayed at checkout, and such charges may also differ from the price conveyed to you in any confirmation of your booking. In the event of a refund by Wander, you will be refunded in the same currency initially charged, in the exact same amount, or pro rata portion thereof, as initially charged, and you agree that Wander is not responsible for any fluctuations in exchange rates that may cause differences in amounts appearing on your credit card or other billing statements.

Taxes & Fees

In facilitating your booking, Wander may charge your method of payment for any applicable taxes and/or fees, including, but not limited to, occupancy tax, room tax, excise tax, sales and use tax, and value added tax. In certain locations, the amount we collect may include government-imposed service fees and/or other fees not payable directly to taxing authorities, but required by law to be collected by the hotel or other accommodations provider. Taxes and fees will appear as a separate item on booking invoices and confirmations, and will be included in the total price of any booking completed through Wander. The amount included in taxes and fees varies based on a number of factors, including, but not limited to, the hotel or other accommodation’s price, agreements between Wander and hotel and other accommodations providers whose accommodations are listed on Wander, and may also include taxes required to be paid by Wander in offering booking services and a profit retained by Wander.

Hotels and other accommodations providers may charge additional fees, including, but not limited to, resort fees, housekeeping fees, in-room safe fees, minibar fees, room service delivery fees, and movie rental fees that are not included in the price displayed at the time of your booking. You agree that Wander is not responsible for payment of any such fees.

4. International Travel

If accommodations you book through Wander are in a foreign country, you must be sure that you have taken all necessary steps to be admitted into the country you will be staying in, and all necessary steps to ensure that you will be legally present in the country in which you will be staying at the time of your stay. This includes, but is not limited to, ensuring that your passport is valid and will be valid for any length of time required by that country, which may be longer than your anticipated stay, and ensuring that you have any necessary visas, such as tourist, transit, business, and other visas. Such requirements vary by the country or countries for which you hold a passport or passports, and by the country in which the hotels or other accommodations you book through Wander are located.

5. Liability Disclaimer - Limitation of Wander's liability to you

You agree that Wander is not responsible, and will not be liable, for any expenses that you incur in the event that your hotel or other accommodation is not available upon arrival. Prices, rates, and inventory are subject to availability of the hotel, and any e-mail or other confirmation of any booking remains subject to these limitations. You may or may not be able to select a room type, and any room type may be unavailable at the time of your stay.

You agree that Wander is not liable for, and that you will not seek to hold Wander liable for, any changes or cancellations of your booking made in accordance with these Terms, and that such limitation will apply whether such changes or cancellations are made by Wander or by the hotel or other accommodations provider with whom you have booked.

You acknowledge and agree that images and descriptions of accommodations appearing on Wander are not the original work of Wander, and that Wander does not guarantee that any particular accommodation will be “as advertised” upon your arrival. You agree that you waive any and all claims against Wander for any inaccuracies, misrepresentations, or discrepancies between images and descriptions made available through Wander or by the hotel or other accommodations provider, and you acknowledge that Wander offers no guarantees, express or implied, as to the condition, operation, or existence of any hotel or other accommodations. WANDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, HABITABILITY, TITLE, AND NON- INFRINGEMENT.

You acknowledge and agree that, in the event of a dispute between you and any hotel or other accommodations provider, that you will not seek to make Wander a party to any such dispute in any court of law, arbitration, mediation, or tribunal.

We recognize the importance of the protection of your private, personal information, and your online safety. All credit card transactions are processed through either Stripe or PayPal, and Wander never has your credit card information at any point in the transaction.

We take every reasonable precaution to keep the Wander website safe, including using Secure HTTP (HTTPS) as the default means for you to connect to our website. We only work with third-party providers that we know and trust. We try to collect only as much information as we need to optimize your experience with Wander, and what we do collect, we do our best to protect.

While we do our very best to keep the Wander platform secure from end-to-end, there are some things that are beyond our control.

Our website may contain links to outside websites, and although we try to link only to great websites that we trust, we still have to mention that, if you visit those links, you do so at your own risk. We may store personally identifiable information that you provide to us, and such information may be stored on cloud storage servers not owned or operated by Wander. While we do our best to make sure we protect your data at all times and work with only top-quality service providers, we have to note that data breaches happen, and we cannot guarantee otherwise. While we hope and expect that any personal information you share with us remains safe, we cannot guarantee it with one-hundred percent certainty. In recognition of this, you agree that you will not seek to hold us liable for damages as a result of any such breach that results in the disclosure of your personal information.

You agree that Wander is not responsible for acts, errors, omissions, representations, misrepresentations, warranties, breaches or negligence of Wander, hotel and accommodations providers, or any third party engaged or otherwise relied upon by Wander or any hotel or other accommodation provider in providing any services to you that result in personal injury, death, property damage, or any other damages or expenses resulting therefrom. Wander will have no liability to you in such instances, and Wander will make no refund in the event of any delay, cancellation, overbooking, strike, border closure, re-routing, war or other dangerous conflict, force majeure, or other event beyond Wander’s immediate and direct control. In no event shall Wander be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your use of Wander, or any delay or inability of you to access Wander or to otherwise communicate with Wander, whether such theory or theories of damages are grounded in tort, contract, strict liability, other negligence, or allegation of violation of any statute, or on any other legal theory, regardless of whether Wander or any other party has been advised of the possibility of such damages.

In the event that Wander is nonetheless found liable to you for any loss or damage arising out of or related to your use of Wander, in no event will Wander’s liability to you exceed one hundred U.S. Dollars.

You agree that this limitation of liability reflects a reasonable and appropriate allocation of risk between you and Wander, and that you are solely responsible for taking any such precautions as may be advisable to protect yourself from any possible harm arising out of or related to your use of Wander.

6. Indemnification

You agree to defend and indemnify Wander, and any of Wander’s officers, directors, owners, employees, and/or agents from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind, including, but not limited to, reasonable legal and accounting fees incurred by Wander, that are brought against Wander by any third party and which are a result of your use of Wander, your breach of these Terms, or your violation of any law or rights of any third party.

7. Copyrights & Trademarks

This website, and each page and image contained herein, is subject to copyright held by Wander and/or third party copyright holders who have authorized Wander’s use, and subject to trademark rights held by Wander or third parties who have authorized Wander’s use. You acknowledge and agree that you will not access or attempt to access any source code, scripts, or other computer language that provides the functionality of Wander or the functionality of any component of Wander

8. Restrictions on Access

Wander reserves the right to limit or terminate access to Wander by any individual, or from any source, at any time and for any reason, or for no reason whatsoever. You expressly agree that you will not “frame” or “mirror” Wander, or any part of Wander, or otherwise transmit information contained on Wander, for any commercial or malicious use without Wander’s express written consent. You expressly agree that you will not use Wander to make any fraudulent or speculative booking.

9. Choice of Law

You and Wander agree that any dispute arising out of your use of Wander shall be governed by the laws of the Province of British Columbia, without giving effect to any other jurisdiction’s choice of law provisions.

10. Arbitration

All disputes arising out of, or in connection with, these Terms that Wander and you are unable to resolve informally, may be referred to a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55.

The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties.

The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 10.

11. Class Action, Consolidated Actions Prohibited

You agree that any and all claims brought by you against Wander will be brought only on your own behalf, and not on a class action, consolidated, or otherwise representative basis. In the event that any claim arising out of your use of Wander or these Terms proceeds in court, you and we both agree to waive any right to a trial by jury.

12. Severability

In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect or impair the validity and enforceability of any other provisions.

Registration

Wander Travel, Inc. is a registered business in the country of Canada and State/Federal Official Registration No. State/Federal Official Registration No. BC 1050995

Service Help

For quick answers to your questions or ways to contact us, email us at support@wander.io. Or, you can write to us at:

Attn: Customer Service, Wander Travel, Inc. 1205 West Hastings St Suite 2903 Vancouver, British Columbia V6E4T7 Canada

© 2016 Wander Travel, Inc. All rights reserved.

 

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