Apex Terms of Use
Last updated August 2017
Apex welcomes you (the “Customer” or “you”) to its website (the “Site”). The terms "Apex" or "we" refer to Apex –Transport Sh. p. k. and the term "Apex Companies". References to the Site are deemed to include derivatives thereof, including but not necessarily limited to websites and applications, whether accessed by mobile phone, tablet or other device. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Apex, you acknowledge and agree having read, understood and agreed to the Terms of Use. Our different policies and guidelines, which can be found throughout the Site, including but not limited to, the Privacy Policy, Shop Safe Policy, Apex Price Guarantee, Reservation Guarantee, Cancellation Policy, Refund Policy, Terms and Conditions of the Apex Rewards, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and the Apex Companies with respect to their subject matters unless explicitly stated otherwise.
1. Scope of our Services
A. Accommodation Reservation
Through the Site, Apex provides an online platform through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the “Accommodation(s)”) and make reservations with such Accommodations. By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract formed in Poland pursuant to the Terms of Use when accepted by the Accommodation and consequently Apex You will receive proof of the confirmed Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations),which means the reservation has been confirmed by the Accommodation. The “thank you page” means your reservation request has been received and is complete for final processing, no further action is required by you. We reserve the right to reject bookings as set out below.
When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that Apex is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Apex.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time. Under certain circumstances, Apex may also offer Accommodations the option to get a sponsored listing, i.e. to pay for a top spot. Such sponsored listing will be marked or contain wording for clarity.
We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Accommodation request(s), reselling of Accommodations booked through the Site on an individual or mass basis without our prior written approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN), etc. In case a booking is rejected or cancelled by Apex and a payment has already been made, you will receive a refund of the total booking value, except in the case of unauthorized Reselling or in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof. Refunds will not be issued in the event of unauthorized Reselling due to many negative factors including the disadvantage such practice imposes on our authorized and contracted affiliate partners, Accommodations who provide Apex with inventory on a contracted and trusted basis and the loss and negative brand impact caused to Apex due to unauthorized Resellers attempting to undercut Apex’s business which may include placing the resold inventory on sites run by competitors of Apex without our knowledge. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. The booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge in such cases. Whether to cancel or reject a booking for this reason is in Apex’s sole discretion.
Please note that suspected group bookings can also be rejected or cancelled by Apex or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our Customer Service team for more information.
Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.
A. word about star ratings
The Accommodation star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.
B. Other Ancillary Services
Apex provides an online platform through which you can browse other services, including but not necessarily limited to flights and rental cars, (“Ancillary Services”) and make reservations for such Ancillary Services. Although the Apex Site provides the platform for which you can browse and make reservations for these Ancillary Services, the Ancillary
By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation (e.g. for flights or a rental car) at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Partner from time to time, which shall become a binding contract when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your Ancillary Service booking via an e-mail confirmation to you. The Partner reserves the right to reject bookings as set out in their terms and conditions.
2. Use of the Site
As stated above, these Term of Use form an agreement between you and Apex Companies. Apex also works with other companies, including but not limited to Booking.com B.V., to offer reservations options in Accommodations worldwide to guests. In some cases, you will receive a confirmation referring to such other companies. Apex may also offer the option to book Ancillary Services ( rental cars) in cooperation with selected Partners as described above.
Apex grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Apex or its suppliers and providers, including the Accommodations and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Apex and acknowledge that Apex may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.
Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to 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 the Site. In addition, you agree not to:
· use the Site or its contents for any non-authorized commercial purpose (e.g. forward distribution or resale of bookings without permission);
· make any speculative, false, or fraudulent booking;
· access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
· violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
· re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
· "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
· deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
· deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
· deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
· deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
· deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
· impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
· manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
· use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
· attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
· obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
· engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;
· do anything else which could cause damage to the Site, Apex Companies and their employees, Apex’s reputation, or would otherwise have a negative impact; or
· aid or abet any of the above.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Apex.
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
3. Prices, Additional Charges and Apex Price Guarantee
A. Prices
Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below).
B. Additional Charges by Accommodations
Please note that all prices on the Site are for your Accommodation room reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Accommodation room reservations rates are displayed per room and per night. Except where indicated otherwise, Apex will typically display the rate exclusive of tax recovery and service charges (see below for more details) on the Site, and display these additional tax recovery and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking. Display settings may vary, but this will at the latest show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site (under the Accommodation information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Breakfast is typically not included unless explicitly stated otherwise. Hotel resort and other mandatory fees (see below) and certain local city, tourist or occupancy taxes (when applicable) that are required to be collected directly from guests, are typically not included in the rate unless stated otherwise. Please verify the Accommodation description or policies on the Site. Insurance of any kind is never included in the rates. The standard Accommodation room reservations are for single or double occupancy, extra beds will usually incur extra charges. The Accommodation may also refuse to accept additional persons if not duly informed in advance. Please note that certain Accommodations may charge you a so-called additional but mandatory “resort fee” (or similar) for the use of certain of their services. This resort fee is typically not included in the price, but it will be mentioned in the Accommodation description on the Site. You may also be charged directly by the Accommodation for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional Accommodation fees is outside Apex’s control and occurs in certain markets. Needless to say, optional incidental fees and personal consumptions are almost never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc.. During certain high season periods, certain Accommodations will add on a compulsory gala dinner (e.g. for New Year, Christmas, Chinese New Year,etc.). This is not included in the room rate, but will be displayed on the booking form. Please check the “Accommodation Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.
For certain Accommodations, a compulsory transportation or transfer fee will be charged on top of the room rate at the request of the Accommodation, or at your option where available. Please note that Apex does not organize any Accommodation transportation for free, this is always organized by and offered by or department of transport of Apex, who is responsible for such transportation services. Apex does not assume any liability for the quality, safety, frequency or service levels of such transportation services. In some jurisdictions, the Accommodations are also required to directly collect a local bed or city tax from the guests. Governments have on occasion issued additional taxes and may ask the Accommodations to collect these directly. These charges, if applicable, will be payable by you to the Accommodation directly at checkout. Please verify with the Accommodation or Customer Service which extra fees are (not) included.
C. Additional Charges for Ancillary Services
Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).
D. Currency Conversion
Please note that all prices on Accommodation is in Euro .
A Word on Charges for Taxes and Fees
In connection with facilitating your Accommodation transaction, the charge to your credit card may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. In relation to Accommodations, this charge includes an estimated amount to recover the amount Apex Companies pay to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes may vary from the amount Apex Companies estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee Apex Companies retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. If the balance is negative, Apex Companies will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Apex Companies pay the Accommodation and the location of the Accommodation where you will be staying, and may include profit that Apex Companies retain.
Except as described below, Apex Companies are not the vendors collecting and remitting taxes to the applicable taxing authorities. Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed and Apex Companies pay over such amounts directly to the vendors. Apex Companies are not co-vendors associated with the vendors with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
For transactions involving Accommodations located within certain jurisdictions, the charge to your credit card for Taxes and Fees includes a payment of tax that Apex Companies are required to collect and remit to the jurisdiction for tax owed on amounts Apex Companies retain as compensation for services.
For Accommodations where you need to pay at the Accommodation, the price may or may not include taxes and fees. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.
As stated above, certain cities or municipalities charge city, bed, tourist occupancy or equivalent taxes that have to be collected by the Accommodation locally.
In relation to Ancillary Services, calculation of applicable taxes and fees will be set out in our Partner’s terms and conditions.
4. Privacy
We respect your privacy. Please have a look at our Privacy Policy for further information.
5. Payment - Credit Card – “Book Now, Pay Later” – Age - Fraud
For pre-paid Accommodation bookings with Apex, your credit card will be charged by Apex Companies for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking or, in case of a “Book Now, Pay Later” booking, at the future point in time communicated in the confirmation email. When using “Book Now, Pay Later”, please ensure that the credit card is valid and has sufficient credit on the future payment date. If the credit card cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Apex Companies will process refunds, if and when applicable, within a reasonable timeframe. For certain Accommodations, Apex Companies will not charge your credit card, as you will pay the Accommodation directly for your stay (post-paid). However, in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Accommodations may require credit card details in order to guarantee your reservation. As such, Apex Companies may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services. Please note that your bank may impose additional fees on the transaction, over which Apex Companies have no control.
Certain credit card companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Apex Companies.
In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Apex, please contact our Customer Service team immediately.
In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
You undertake that the details you provide us with in making a booking are fully correct. Apex Companies reserve the right not to accept certain credit cards. Apex may add or remove other payment methods at its discretion. For increased convenience, Apex now also offers the option to have your credit card details securely stored on file. For more details, have a look at our Privacy Policy.
We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card, also when using "Book Now Pay Later". The balance will be charged after confirmation or, in case of "Book Now Pay Later", on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Apex can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.
A word about failed payments
For a variety of reasons, payment on the Site may fail. In such cases, Apex will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.
6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies - Special Needs – additional Apex services or products
By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, Apex Companies reserve the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.
Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.
Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Apex. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. .
7. Intellectual Property Rights - Trademark Notice
The mark “Apex”, as well as certain local language transliterations thereof is a registered trademark of or licensed to Apex and/or its affiliated companies in many countries worldwide, including but not limited to the EU. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Apex, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. Apex owns the copyright to the Site. You may not use the Apex intellectual property without our consent.
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.
Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Apex, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Apex does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:
1. the name and address of the complainant;
2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
3. where the complainant is not resident in Albania, the complainant’s address for service in Albania;
4. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
7. a statement that the complainant requires us to remove or disable access to the electronic copy;
8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
9. a statement that the information in the notice is accurate;
10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
11. a statement that the complainant submits to the jurisdiction of the courts in Poland for the purposes of proceedings under relevant provisions in the Poland.
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We will review and address all notices that comply with the requirements above in accordance with applicable law.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
8. Reviews – Further correspondence - Rights to User Content – Other services
By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, the confirmation and guest review communications (emails, SMS) are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review regarding the Ancillary Services provided. The completed guest review (including attachments, if any) may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review and submitting content with it such as pictures, you grant Apex the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Apex reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the Guest Review Guidelines. In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Apex the right to pursue at law any person or entity that violates your or Apex's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
Content submitted by users will be considered non-confidential and Apex is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Apex reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Apex is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Apex. Apex shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Apex Policies on the Site for more details.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Apex or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Apex , and its licensees, successors and assigns, from any claims that you could otherwise assert against Apex by virtue of any such moral rights.
9. Travel advisory – Visa requirements
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
By displaying Accommodations in particular destinations, Apex does not represent or warrant that travel to such points is advisable or risk-free and Apex can never be held liable for damages or losses that may result from travel to such destinations. Apex can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.
Apex cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
10. Complaints
If you have complaints about Apex’s service, you can contact our Customer Service team. We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Apex will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.
11. Legal
Disclaimer of Warranties
ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. APEX COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGODA COMPANIES DISCLAIM ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. APEX COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. APEX COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
APEX COMPANIES ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, AGODA SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APEX COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REP UTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Apex Companies do not guarantee continuous access without interruption to the Site.
The liability of Apex Companies is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, the liability of Apex Companies, in the aggregate, shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered. In case of an overcharge or mischarge caused by Apex, the customer can make a claim regarding all erroneous charges notwithstanding what is set out above.
For clarity, Apex would bear responsibility in case where the company is at fault, including when Apex has acted with intent, willful misconduct or is grossly negligent in providing the relevant service. In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Apex shall bear the liability to the extent set forth in the relevant laws.
Miscellaneous
Apex Companies do not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
You agree to indemnify and hold harmless Apex Companies from and against any liability, damage or loss including legal fees and expenses that Apex Companies incur or suffer as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Apex Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.
You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Apex Companies cannot be held liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.
For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.
The Terms of Use shall be deemed severable. In the event that any provision 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 the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
Apex reserves the right, in its sole discretion, to temporarily or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, the reservations made via Apex will still be honored unless you receive a notification. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Apex shall not be liable to you or any third-party for any termination of your access to the Site. Apex reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Accommodations have the right to change their offerings and this it outside Apex’s control.
For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Apex Companies may have with others, including but not limited to the Accommodations and certain marketing partners.
Local tax receipts are only available from properties for bookings where payments are made at the property. For pre-paid bookings (pay Apex), Apex Companies can issue local invoices for bookings in Albania since Apex is a tax resident of Albania and also Apex receipts for anywhere else.
The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising out of the Terms of Use and the services of Apex Companies shall exclusively be submitted to the competent courts in Singapore. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and shall not apply to the Terms of Use.
Failure by Apex Companies to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.