Terms and Conditions



Last revised on May 11, 2023


MSG Solutions USA, LLC, and its subsidiaries and affiliates ("Vacabee") welcomes you to our website, www.vacabee.com (the "Website"). Please read these Terms and Conditions ("Terms") and our Privacy Policy carefully, as they affect your legal rights, including your right to resolve any disputes that may arise between us. Subject to your compliance with these Terms, you may access and use the Website and related services (collectively, the "Services"). Vacabee members may access the Services to establish a user account and to access other Vacabee materials. Use of the Services, and acceptance of this Agreement, does NOT establish a membership with Vacabee. 

 

Acceptance of Terms and Conditions; Changes 


By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to these Terms. Vacabee reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check these Terms from time to time to determine whether any changes have been made. Any changes to these Terms are effective upon posting. 

Your continued use of the Services after any modification to the Services or updates to these Terms constitutes your conclusive acceptance of such changes. If you do not agree to these Terms, you must not use any portion of the Services, and your sole remedy is to discontinue your use of the Services. 

Privacy Policy

We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy for information on how we collect, use, and share your information. By visiting, accessing, or using any part of the Services, you accept the practices described in our Privacy Policy.


Use of the Services

You may use our Services for lawful purposes only. You may not use our Services to engage in any illegal, fraudulent, or harmful activities. 

As a condition of your use of the Services, you warrant that:

  • you are at least 18 years of age;

  • you possess the legal authority to create a binding legal obligation;

  • you will use the Services in accordance with these;

  • all information supplied by you on the Services is true, accurate, current, and complete; and

  • you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.


Vacabee operates the Services in its sole and complete discretion. Vacabee may modify the Services at any time for any reason, including changes to features, content, functionality, or software. Vacabee may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions, or causes beyond Vacabee's control. Vacabee is not liable for any such modification or suspension of the Services. 



Prohibited Activities


You agree that you shall not:


  • use the Services for any commercial purpose;

  • access, monitor, or copy any content or other information from the Services using any manual process or by any robot, spider, scraper, or other automated means;

  • deep-link to any portion of the Services for any purpose without our express prior written consent; or

  • "frame," "mirror," or otherwise incorporate any part of the Services into any other website without our express prior written consent. 


Intellectual Property


All content, features, and functionality of the Services (including but not limited to text, graphics, logos, images, video, audio, design, selection, arrangement, look and feel, and software) and all intellectual property rights therein, is and shall remain the sole and exclusive property of Vacabee or its licensors, as the case may be. You may not copy, publish, distribute, modify, create derivative works of, publicly display, download, store, transmit, sell, or exploit in any way, in whole or in part, any of the material on our Services except as generally and ordinarily permitted through the Services according to these Terms. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or any content on the Services shall be the sole and exclusive property of Vacabee or its licensors, as applicable, including all intellectual property rights therein. Subject to the foregoing, you may make limited copies of your travel itinerary and related documents generated by, on, or through the Services in connection with your use of the Services. 


Electronic Communications.


When you use the Services, you communicate electronically with Vacabee. You expressly consent to receipt of electronic communications from Vacabee through posts on the Services and via the e-mail you provided when setting up a user account. 


User Contributions

 

The Services may contain features such as profiles, user reviews, comment threads, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.


All User Contributions must comply with the Content Standards set forth in these Terms. We reserve the right to remove any User Contributions we believe violates the Content Standards or these Terms.


Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By posting any User Contribution on the Services, you grant us and our affiliates and suppliers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 


You represent and warrant that:


  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and suppliers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Vacabee, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.


We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. 


Monitoring and Enforcement; Termination


We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Vacabee.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

  • Terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms. 


Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU HEREBY WAIVE AND HOLD HARMLESS VACCABEE AND ITS AFFILIATES, SUPPLIERS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES. 


However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. 


Content Standards


These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:


  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any trademark, trade secret, patent, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 

  • Give the impression that they emanate from Vacabee or are endorsed by Vacabee or any other person or entity if this is not the case. 


Third-Party Content, Services, Applications, and Tools


The Services may include links to, or content from, third-party websites, resources, services, applications, or tools (collectively, "Third-Party Content"). If you choose to use or view such Third-Party Content, your personal information may be disclosed to third parties. These third-party providers may require that you agree to separate privacy policies and terms of use that are different than Vacabee's Terms. You should read such policies before using or viewing Third-Party Content. Vacabee makes no representations or warranties concerning Third-Party Content. Vacabee is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such Third-Party Content. 


Linking to the Website and Social Media Features


You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.


This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send e-mails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.


You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms and Conditions. 


You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. 


We may disable all or any social media features and any links at any time without notice in our discretion.  

 

Supplier Rules and Restrictions

You understand that Vacabee allows users to purchase certain digital memberships (each, a "Membership") which provide members with access products and services made available by our third-party suppliers at a reduced cost. You agree to comply with the terms and conditions of purchase and any rules and restrictions (collectively, "Supplier Terms") imposed by any supplier from whom you elect to purchase products and services through your Membership ("Suppliers"). Supplier Terms may change at any time, and you are responsible for reviewing and ensuring your compliance with all Supplier Terms. You shall be liable to us for any costs or expenses we incur as a result of your violation of any Supplier Terms. 

Membership Terms and Conditions

Memberships are subject to additional terms and conditions ("Membership Terms"). For more information on Membership Terms, please visit: https://app.vacabee.com/privacy-policy

Currency Converter


If a currency convertor is available through the Services, the following terms and conditions apply: 

  • Currency conversion rates are based on various publicly available sources and should be used as guidelines only. 

  • Rates are not verified as accurate, and actual rates may vary from what is displayed on the Website. 

  • Currency conversion rates are not updated every day. Check the date on the currency converter feature to confirm the date the conversion rate was last updated.

  • The information supplied by the currency converter is believed to be accurate, but Vacabee, its affiliates, and subsidiaries, and/or their respective suppliers do not warrant or guarantee such accuracy. 

  • When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. 

  • We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.


Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED FROM SUPPLIERS IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH SUPPLIERS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VACCABEE NOR ANY PERSON ASSOCIATED WITH VACCABEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VACCABEE NOR ANYONE ASSOCIATED WITH VACCABEE REPRESENTS OR WARRANTS THAT THE SERVICES, THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH SUPPLIERS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH SUPPLIERS WILL MEET YOUR NEEDS AND EXPECTATIONS.


TO THE FULLEST EXTENT PROVIDED BY LAW, VACCABEE HEREBY DISLCAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  


Limitation on Liability 


TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VACCABEE, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID TO VACCABEE IN THE THREE (3) MONTHS PRECEDING THE EVENT OUT OF WHICH LIABILITY AROSE; OR (B) ONE HUNDRED U.S. DOLLARS (US$100.00).


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


Indemnification


You agree to defend, indemnify, and hold harmless Vacabee, its affiliates, licensors, suppliers, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including but not limited to your User Contributions, any use of the content, services, and products made available through the Services other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services. 


Governing Law and Jurisdiction

 

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. 


Arbitration; Class Action Waiver


If not resolved through negotiation, any dispute between you and Vacabee arising under, out of, in connection with or in relation to these Terms, the Services, or Vacabee's business must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures. Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. 


If a court determines that this limitation on joinder of or class action certification of claims is unenforceable, then this entire commitment to arbitrate will become null and void and the parties must submit all claims to the court(s) of competent jurisdiction. The arbitration must take place in the county where Company’s headquarters is located at the time of the dispute. The arbitrator must follow the law and not disregard the terms of this Section. 


A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (a) assess punitive, exemplary or consequential damages; or (b) make any award which extends, modifies or suspends any lawful term of these Terms and Conditions. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal or unenforceable in any respect, the validity legality and enforceability of the remaining provisions of this Section shall not be affected thereby.


Miscellaneous


These Terms and Conditions are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and Vacabee as a result of this Agreement or use of the Services.

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 found to be invalid, illegal or unenforceable, 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.

Any rights not expressly granted herein are reserved.


Entire Agreement

 

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and Vacabee with respect to your use of our Website.

 

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected] or you can write to us at:


MSG Solutions USA LLC

1001 Brickell Bay

Drive Suite 2700- L3

33131 Miami

United States

Customer Support


For quick answers to your questions or ways to contact us, please e-mail our Customer Support team at [email protected]


MSG SOLUTIONS USA, LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST44587.