Terms of use
- Agreement between the customer and VEMSA
This Web Site is offered to you, the customer, by VEMSA, conditioned on your acceptance without modification of the general terms and conditions. Your use of this Website implies the acceptance of such terms and conditions. If you do not agree to these Terms of Use, then you are not authorized to use this Website.
Viajes Ejecutivos Mundiales S.A. (VEMSA) is a company incorporated and domiciled for all purposes in the Republic of Costa Rica, with registered office at Av. Central y 2da, calle 34, Central, San José, Costa Rica, 10103; which is registered under the legal number 3-101-130983.
VamosdeViaje.com is a website and a registered trademark of VEMSA, which is registered in the Industrial Property Registry of the National Registry of the Republic of Costa Rica as a Service Trademark under Registration No. 261368.
VEMSA may at any time modify these Terms of Use and your continued use of this Web Site is conditioned upon your acceptance of the updated Terms of Use.
- Use of the website
As a condition of your use of this Web Site, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal capacity to form a legally binding obligation; (iii) you will use this Web Site in accordance with these Terms of Use; (iv) you will only use this Web Site to make legitimate reservations for yourself or for another person on behalf of whom you are legally authorized to act; (v) you will inform these other persons of the terms and conditions that apply to bookings you make on their behalf, including all supplier terms and restrictions applicable to you; (vi) all information provided by you on this Website is true, accurate, current and complete; and (vii) if you have a VEMSA account, you will safeguard your account information, will monitor and be fully responsible for the use of your account by you and no one other than you. VEMSA has the right to deny access to this Website and the services we offer, to anyone who, including but not limited to, has violated these Terms of Use.
- Forbidden uses
The content and information contained in this Web Site (including, but not limited to, prices and availability of travel services), as well as the infrastructure used to provide such information and content, is owned by us or our suppliers and providers. You may make limited copies of your itinerary (and related documents) regarding your travel or services booked through this Web Site, but you further agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through this website. In addition, you agree to refrain from:
Using this Website or its contents for commercial purposes
Make any speculative, false or fraudulent booking or any booking in anticipation of demand;
Access, monitor or copy any content or information contained on this Website by using any robot, spider, scraper or other automatic means, or any manual process for any purpose, without our express written permission
Violate the restrictions of any robot exclusion notice contained on this website or bypass other measures employed to prevent or limit access to this website
Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure
Link to any content on this Web Site (including, without limitation, the purchase process of any travel services) for any purpose whatsoever and without our express written permission; or
replicate, mirror or otherwise incorporate any content from this Website on any other website without our prior written permission.
If your reservation or account shows reasonable signs of fraud, abuse or suspicious activity, VEMSA may cancel any reservation associated with your name, email address or account, as well as close all associated VEMSA accounts.
If you have engaged in fraudulent activity of any kind, VEMSA reserves the right to take any legal action necessary and in respect of which you may be liable for monetary losses suffered by VEMSA, including legal costs and damages. You may challenge the cancellation of a reservation, the blocking or closing of an account, through VEMSA’s Customer Service servicioalcliente@vamosdeviaje.com.
- Privacy Policy
VEMSA aims to protect your privacy. Click here for our Privacy Policy, which also covers your use of the Website and will apply to all information you disclose through the Website. To learn more about our policies: http://www.vamosdeviaje.com/…..
- Feedback, comments, photographs and other postings
We appreciate hearing from you. Please note that by submitting information to this Website by e-mail or comments on this Website or by any other means, including hotel reviews, other feedback, questions, comments, suggestions, ideas or similar content (collectively, “Postings”), you grant VEMSA (collectively, the “VEMSA Companies”) and their affiliates, associated or linked websites through which we offer our services, a non-exclusive, royalty-free, as long as permitted under applicable law, transferable, irrevocable and fully sub-licensable license with the right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, and publicly display and perform such Publications on a worldwide basis and through any media; and (b) use the name that you submit in connection with such Publications. You acknowledge and consent that VEMSA Companies and/or VEMSA Affiliates may include references in their comments or reviews (e.g., the inclusion of your name and hometown in your submitted opinion) at their discretion, and that such postings may be shared with our vendor partners. You also grant VEMSA Companies the right to prosecute any person or entity that violates your or VEMSA Companies’ rights through the Postings. You acknowledge and agree that the Publications are non-confidential and non-proprietary. You agree that you have no objection to the publication, use, modification, deletion or exploitation of your Postings by VEMSA, the VEMSA Companies, VEMSA Affiliates or any of our partners or licensors. We take no responsibility and assume no liability for any Postings submitted by you. We are under no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are posted on the Website. If you do not agree to these Terms of Use, please do not submit your Postings to us.
From time to time we will offer guests incentives, such as discount coupons or rights to participate in promotions and sweepstakes, to express their comments and opinions about their hotel stays. Because it is important to us that guest feedback is unbiased and honest, these incentives will be made available to guests regardless of whether their opinion or feedback about their stay is positive or negative.
You are entirely responsible for the content of your postings, (specifically including, but not limited to, comments posted to this website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other content that violates rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, the solicitation of funds, advertising or marketing of any goods or services); and (iii) any material or content that infringes, misrepresents or violates any copyright, trademark, patent or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from the posting of such content or materials on this Website. You acknowledge that VEMSA may exercise its rights (e.g., publish, remove) on any content you submit, without notice. If you submit more than one review of the same hotel or travel product, only the most recent review will be eligible for publication.
All posted content is subject to our Community Guidelines. Photographs are also subject to the following Photo Posting Guidelines:
Any photographs you post must be:
Relevant (photos must relate to the accommodation, restaurant, location or overall travel experience).
Friendly to the community/families, ie: do not post photos or material that is illegal, obscene, pornographic, defamatory, vulgar, offensive or insulting.
Do not post photos or material that infringes on the privacy or personal rights of any other person or entity.
Do not post photos or material featuring minors or third parties without their consent (or, if applicable, the consent of their parents or guardians in the case of minors under the age of 18).
minors under the age of 18 may not post photos or material on the Website.
Original (you may only post your own photos; do not post photos from other sources, personal or commercial; do not post photos that infringe the copyright, trademark, or any other industrial or intellectual property rights of a third party)
Non-commercial (do not post photos that include logos, trademarks, promotional material, or any other content for commercial purposes).
Do not cause damage (do not post photos that contain viruses or other harmful code that is intended to cause (or may result in) damage to VEMSA’s computers and systems and/or those of others using them).
VEMSA will not claim any affiliation with, nor endorse any photos posted by our users through our websites.
VEMSA’s policies in regards to claims by third parties for content on the Website, including the content of any Postings, that infringe the copyrights owned by such third parties, can be found in the following sections.
The Google® Translator tool is available on this Website to enable you to translate user-submitted content. The Google® Translator tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google Translator ® tool is at your own risk. VEMSA does not guarantee or warrant the accuracy or integrity of the translations provided by Google Translate®.
The information, software, products and services published on this web site may contain inaccuracies or typographical errors. Information about travel products offered on this website are provided by the suppliers and the suppliers are responsible for any errors or other inaccuracies relating to the information provided by them in connection with their travel products and services offered on this website (including, without limitation, photographs, hotel features and amenities, general product descriptions, etc.). All hotel ratings included on this website should be understood as general guidelines, and VEMSA and its affiliates make no warranty as to the accuracy of such ratings. The information contained in the website is subject to change from time to time. VEMSA and its affiliates and/or their respective suppliers may make improvements and/or changes in this web site at any time.
VEMSA and/or its respective suppliers do not guarantee the suitability of the information, software, products, and services included on this website for any purpose and the inclusion or offer for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by VEMSA. VEMSA will use reasonable care in continuing to provide the services included under this website.
VEMSA and/or suppliers hereby disclaim any warranty or liability in connection with this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Carriers, hotels and other suppliers providing travel or other services for vemsa are independent contractors and not agents or employees of vemsa. VEMSA is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any of these suppliers or for any personal injury, death, property damage or other damages or expenses arising from same. VEMSA shall not be liable and shall not make any refunds in the event of delay, cancellation, overbooking, strikes or other causes beyond its direct control, and shall not be liable for any additional expenses, losses, delays, rerouting or for actions of any government or authority. In no event shall VEMSA and/or its suppliers be liable for any indirect, incidental, special or consequential damages connected with the use of this web site or the delay or inability to use this web site, or any information, software, products and services obtained through this website, or any others arising out of the use of this website, (including, but not limited to, loss of use, data, profits, savings or opportunities), whether based in contract, tort, liability, or otherwise, even if VEMSA and/or any of its suppliers have been advised of the possibility of such damages. Except for the limits provided by law in relation to liability for death or personal injury in respect of which no limit applies.
VEMSA and/or its respective suppliers shall be liable for direct losses arising out of the use of this website, whether based in contract, tort, liability, or otherwise, up to a maximum of the total value of the transaction. The foregoing does not affect your statutory rights as a consumer.
Important: these terms and conditions and the above limitation of liability do not affect any mandatory statutory rights which cannot be excluded by applicable law. If you decide to purchase any package tour on this website, the terms and conditions of each service will apply separately.
- UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web Site, you warrant to VEMSA that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.
- LINKS TO THIRD PARTY WEBSITES
This Website may contain links to websites operated by third parties other than VEMSA. Such links are included for your reference only. VEMSA has no control over such websites and is not responsible for their content or their use. VEMSA’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with any third party that may be operating such websites.
- EXCHANGE RATES
If a currency converter is available on the Website, the following terms and conditions apply: Exchange rates are calculated based on various public sources and are shown for reference only. Exchange rates may not be accurate and they will vary. Currency exchange rates are not updated every day. Check the last date on which the exchange rate was updated in the corresponding currency converter. The information provided by this application is intended to be accurate, but VEMSA and/or its respective suppliers do not 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 exchange rates. We do not authorize the use of this information for any purpose other than your personal use and the resale, distribution and use of this information for commercial purposes is expressly prohibited.
- BANKING AND CREDIT CARD FEES
Some banks and credit cards charge international transaction fees. If you are making a reservation from outside of Costa Rica using a Costa Rican credit card, your bank may convert the reservation amount paid into your local currency and charge a conversion fee. This means that the amount shown on your credit card or bank account statement may appear in your local currency and, therefore, may show a different figure than the figure shown on the billing statement for your reservation made on the Website. In addition, an international transaction fee may be charged if your credit card issuing bank is located outside of Costa Rica. Booking an international trip may be considered an international transaction by your credit card company or bank, as VEMSA may pass the payment to an international travel supplier. Currency conversion fees and international transaction fees are determined only by your bank on the day they process the transaction. If you have any questions about these charges or the exchange rate applied to your reservation, please contact your bank.
- INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
All contents of this Web Site belong to © 2017 VEMSA. Viajes Ejecutivos Mundiales S.A. All rights reserved. VEMSA is not responsible for the content of websites operated by third parties other than VEMSA and VamosdeViaje.com which are registered trademarks of VEMSA in Costa Rica and/or other countries. Other logos, product and company names mentioned may be trademarks of their respective owners.
If you are aware of an infringement of our trademark, please let us know by sending an email to info@vamosdeviaje.com.
- COUNTER NOTIFICATION
VEMSA respects the copyrights of others. If you believe in good faith that materials posted 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 claim if it is not properly or completely made:
The copyright that you claim has been infringed must be clearly identified.
You must clearly identify the content or material that you believe infringes protected copyrights, and information that will enable us to locate that content on the Website, such as a link to the infringing content.
You must provide your contact details so that we can respond to your complaint, preferably including an email address and telephone number.
A statement that you “have a good faith understanding that the content or information claimed to be infringing is not authorized by the copyright owner, its agent or the law” must be included.
A statement that “the information in this notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed” must be included.
The notification must be signed by the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Notifications regarding this Website should be sent to us by email at copyright@vamosdeviaje.com for prompt resolution.
We will review and address all notices that comply with the above requirements. If we remove or disable access in response to such a complaint, we may notify the owner or administrator of the affected content or website so that he or she may provide a counter-notification.
For any additional questions regarding this process, please email us at: copyright@vamosdeviaje.com.
- ACCOUNT TERMINATION
VEMSA has adopted a policy of terminating, in appropriate circumstances and upon reasonable evidence, subscribers or account holders who are deemed to be persistent infringers. VEMSA may also, upon reasonable evidence, limit access to the Website and/or terminate the accounts of users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that a subscriber or account holder is a repeat infringer, please provide us with a notice that includes sufficient information for us to verify that the subscriber or account holder is a repeat infringer.
- MODIFICATION OF THESE TERMS OF USE
VEMSA reserves the right, upon notice to you, to modify these Terms of Use under which this Website is offered. Your continued use of this Web Site is conditioned upon your acceptance of the updated Terms of Use.
- GENERAL
This agreement is regulated by the laws of Costa Rica. You submit to the exclusive jurisdiction of the Costa Rican courts in all disputes arising out of or relating to your use of this Website. The use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.
You expressly agree and consent to grant to VEMSA the right to assign, transfer, subcontract or delegate the rights, duties or obligations under this agreement.
You agree and consent that no joint venture, partnership, employment, or agency relationship exists between you and VEMSA as a result of this agreement or your use of the Website.
VEMSA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VEMSA’s right to comply with any requirements or requirements relating to your use of the Website or information provided or gathered by VEMSA 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 above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the parties as set forth in the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you, the customer and VEMSA with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and VEMSA with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to this agreement and subject to the same conditions as other documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, persons, features and/or data mentioned in this agreement are not intended to represent any person, company, product or event.
All rights not expressly granted here are reserved.
© 2017 VEMSA All rights reserved. VEMSA, Viajes Ejecutivos Mundiales S.A., with registered office at Ave. Central y 2da, calle 34, Edificio Elizabeth (Paseo Colón, Purdy Motor 100 east and 50 south), San José, Costa Rica, 10103.
