Use of the Website
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 this Agreement
4. All information supplied by you on this Website is true, accurate, current and complete
6. You will safeguard your account information and will be completely responsible for any use of your account by anyone other than you.
We retain the right, at our sole discretion, to deny access to anyone to this Website at any time and for any reason, including, but not limited to, the violation of this Agreement.
Resolution of Disputes
GanjaVacations (“GVJ”) is committed to customer satisfaction and will do its utmost to resolve any and all disputes and concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section. You agree to:
- Not bring any suit or to initiate arbitration proceedings until 90 days after the date on which you communicate your Claim to us.
- You agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, resort partners or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “GanjaVacations, 805 Lake Street, Suite 246, Oak Park, IL 60301. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website as well as the infrastructure used to provide such content and information, is proprietary to GVJ. While you may make limited copies of the services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Hotel Partner Rules and Restrictions
We reserve the right to cancel your booking if full payment is not received in a timely fashion. You understand that any such violation of our terms of purchase may result in cancellation of your booking and the possible forfeiting of any monies paid for such booking. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website.
The price of the vacation packages on the Website will be as quoted, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already made and accepted. Despite GVJ’s best efforts, some of the listed prices may, from time to time, be incorrect. GVJ EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND/OR ON 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 CANCEL YOUR RESERVATION WITHOUT PENALTY. We are under no obligation to provide services or products to you at an incorrect (lower) price, even after you have been sent confirmation of your booking or purchase
Travel to Foreign Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, GVJ DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Booking Changes and Cancellations
You can change, amend or cancel your booking through the Website or by calling the telephone number listed on the Website. You agree to pay any resort partner required cancellation or change fees that you incur. In limited cases, some properties do not permit changes to or cancellations of reservations after they are made, as indicated in the description and/or conditions of that booking.
In the event that a property is unable to honor your booking, GVJ will not be liable for any cost incurred due to relocation or for any other related purpose.
If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with GVJ or the resort no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with GVJ or the resort the whole booking may be cancelled and refunds will only be due to you in line with the conditions of that booking and/or the rules and restrictions of the particular property, as notified in the booking process.
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS,
INCLUDING PRICING ERRORS. IN PARTICULAR, GVJ, ITS SUBSIDIARIES AGENTS AND PARTNERS
THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, “GVJ & CO”) DO NOT
GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER
INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PROPERTIES, AND
OTHER INFORMATION DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE
PRICING, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS,
ETC.). IN ADDITION, GVJ EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING
ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT
PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING
RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR
RESERVATION WITHOUT ANY GVJ CHANGE OR CANCELLATION FEES.
GVJ & CO. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY GVJ & CO. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GVJ & CO DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM GVJ & CO. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GVJ & CO.HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, PROPERTIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF GVJ AMD GTVJ IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PARTNER, OR SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. GVJ BEARS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-BOOKING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL GVJ AND/OR ITS RESPECTIVE PARTNERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GVJ &CO. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, GVJ or its respective partners and suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then GVJ & Co., liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of GVJ & Co. and/or its respective partners and suppliers.
You agree to defend and indemnify the GVJ & Co. 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:
- Your breach of this Agreement or the documents referenced herein
- Your violation of any law or the rights of a third party
- Your use of this Website
Links to third-party sites
This Website may contain hyperlinks to websites operated by parties other than GVJ. Such hyperlinks are provided for your convenience and reference only. We do not control such websites and are not responsible for their contents, privacy and other practices. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software available on this website
Please note that all software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by GVJ and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of any such software is expressly prohibited and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
User Reviews, Comments, Photos and Content
GVJ may display reviews, comments, photos and other material in relation to properties as well as other vacation, travel and cannabis experiences (“Reviews”). GVJ may also offer users of the Website the ability to post reviews (“User Reviews”). You disclaim any proprietary rights you may have in such User Reviews, and agree that they may be freely used, copied, distributed and made available in any medium and in any form by GVJ as well as our subsidiaries, affiliates and partners without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and any accompanying guidelines made available on this Website. You grant GVJ as well as our subsidiaries, affiliates and partners a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that GVJ may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a property review that you submit) at our discretion, and that such User Reviews may be shared with our partners. You further grant GVJ the right to pursue at law any person or entity that violates your or GVJ’s rights in the User Reviews by a breach of this Agreement. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by GVJ or its affiliates, partners or licensees. Specifically, by using such a service, you represent and warrant that:
- You own or otherwise control all the rights to the User Reviews that you post
- Your User Reviews are accurate as at the date of posting
- Your User Reviews do not breach any GVJ terms and conditions of use, guidelines or policies (as applicable from time to time)
- You will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such
- You will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity
- You will not post or distribute any information or material that is owned by any third party without the express written consent of such party to do so
- All photos submitted are subject to our photo submission guidelines
- GVJ claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites
GVJ does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, GVJ does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time GVJ may offer customers incentives to leave User Reviews. It is important to us that User Reviews are impartial and honest; these incentives will be available to customers regardless of whether the User Review is positive or negative.
GVJ reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where GVJ receives a third-party complaint and/or has reason to believe that there has been a breach of these terms and conditions.
If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing to: firstname.lastname@example.org. GVJ reserves the right to ask for further information in relation to the nature of such complaint and, if necessary, may ask you to verify your identify.
Notice of Infringing Material
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed
- A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to complaints@GanjaVacations.net or to:
805 Lake Street, Suite 246
Oak Park, IL 6030
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, GVJ has adopted a policy of terminating, in appropriate circumstances and at GVJ’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. GVJ may also at its sole discretion limit access to the Website and/or terminate the accounts of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
This Agreement is governed by the Federal Arbitration Act, federal arbitration law, and the laws of the state of Illinois without regard to principles of conflicts of laws.
You agree that no joint venture, partnership, or employment relationship exists between you and GVJ & Co. as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
the validity, legality and enforceability of the remaining provisions will not
in any way be affected or impaired. Our failure or delay in enforcing any
provision of this Agreement at any time does not waive our right to enforce the
same or any other provision(s) hereof in the future
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and GVJ with respect to this Website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reser