⚠️ IMPORTANT: ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ SECTION 13 CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION IN DUBAI, UAE, RATHER THAN IN COURT. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CONSOLIDATED PROCEEDINGS.
These Terms contain a mandatory arbitration clause and class action waiver. This means that, except for certain exceptions, you and we agree to resolve disputes through individual arbitration rather than in court, and you waive your right to participate in class actions.
IMPORTANT NOTICE: PLATFORM AS INTERMEDIARY
HotelCuration.com operates as an intermediary booking platform. We do not own, operate, or manage hotel properties. Your booking contract is with the accommodation provider and/or the third-party supplier/merchant of record as disclosed at checkout and in your confirmation. We facilitate bookings through our technology partners, including LiteAPI.
TABLE OF CONTENTS
- 1. Definitions and Interpretation
- 2. About Us and Acceptance of Terms
- 3. Nature of Service - Platform as Intermediary
- 4. Third-Party Content Disclaimer
- 5. Booking Process and Confirmation
- 6. Pricing and Payment
- 7. Cancellation, Refunds, and Modifications
- 8. User Obligations and Prohibited Uses
- 9. Intellectual Property Rights
- 10. Limitation of Liability
- 11. Indemnification
- 12. Force Majeure
- 13. Dispute Resolution and Governing Law
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following terms shall have the meanings set out below:
- "Platform" means the HotelCuration.com website, mobile applications, and related services operated by Viversio Portal.
- "Operator" means Viversio Portal, operating under E-Trader License No. 1543186 issued by the Department of Economy and Tourism (DET) in Dubai, United Arab Emirates.
- "User," "Guest," "you," "your" means any individual or entity that accesses or uses the Platform, including but not limited to making bookings.
- "Accommodation Provider" means the hotel, resort, or other lodging establishment that provides accommodation services to Users.
- "LiteAPI" means Nuitée Travel Limited and its affiliates, our technology partner that supplies hotel inventory, rates, and booking services.
- "Third-Party Content" means all content, including but not limited to hotel descriptions, images, rates, availability, and other information provided by Accommodation Providers, LiteAPI, or other third-party suppliers.
- "Booking" means a reservation for accommodation services made through the Platform.
- "Terms" means these Terms and Conditions, as may be amended from time to time.
Headings are for convenience only and do not affect interpretation. References to "including" are not exhaustive.
2. About Us and Acceptance of Terms
2.1 Operator Identity: The Platform is operated by Viversio Portal, an entity licensed under E-Trader License No. 1543186 issued by the Department of Economy and Tourism (DET) in Dubai, United Arab Emirates.
2.2 Binding Agreement: These Terms constitute a legally binding agreement between you and Viversio Portal. By accessing, browsing, or using the Platform, or by making a Booking, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2.3 Age Requirement: You must be at least 18 years old to use the Platform and make Bookings. If you are under 18, you may only use the Platform with the involvement and consent of a parent or guardian.
2.4 Modifications: We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Platform after such modifications constitutes acceptance of the modified Terms. The Terms applicable to your Booking are those in effect at the time you complete the Booking.
2.5 Non-Acceptance: If you do not agree to these Terms, you must immediately discontinue use of the Platform and may not make any Bookings.
3. Nature of Service - Platform as Intermediary
CRITICAL NOTICE:
Viversio Portal does NOT own, operate, manage, or control any hotel properties listed on the Platform.
3.1 Intermediary Role: The Platform acts solely as an intermediary that facilitates Bookings between Users and Accommodation Providers. We provide a technology platform that enables you to search, compare, and book accommodation services offered by third-party Accommodation Providers.
CRITICAL DISCLOSURE - NO DIRECT HOTEL RELATIONSHIPS:
You explicitly acknowledge and agree that Viversio Portal does NOT have direct contractual relationships with the majority of hotels and accommodation providers listed on this Platform.
3.2 No Direct Contract with Hotels: We source our inventory through authorized distribution partners, principally LiteAPI (Nuitée Travel Limited). We do not require or maintain direct contracts with every hotel listed. The listing of a hotel on our Platform is based on distribution agreements held by our upstream suppliers, which represent that they have appropriate authorization to distribute hotel inventory through channels such as ours.
You explicitly acknowledge and accept that:
- (a) We do NOT own, operate, manage, or directly contract with most hotels listed;
- (b) We source inventory through third-party aggregators and API providers;
- (c) Hotels may not recognize our Platform as an authorized or preferred booking channel;
- (d) Some hotels, hotel chains, or brand owners may object to our distribution of their content or inventory;
- (e) We act solely as a technology intermediary facilitating the booking process;
- (f) The booking contract is with the accommodation provider and/or the third-party supplier/merchant of record (as disclosed at checkout and in your confirmation), not with us;
- (g) We cannot guarantee that every hotel has explicitly authorized their listing on our Platform;
- (h) Distribution authorization may be indirect (via GDS, bed banks, wholesalers, or API aggregators).
Risk Acceptance: By using this Platform and making a booking, you accept these risks and acknowledge that we have clearly disclosed our role as an intermediary without direct hotel relationships. To the extent permitted by applicable law, you waive any claims against us arising from hotels' objections to our distribution of their content, provided we act in good faith and in accordance with our technology partner's terms.
3.3 Booking Contract: When you make a Booking through the Platform, your booking contract is with the accommodation provider and/or the third-party supplier/merchant of record as disclosed at checkout and in your confirmation. The Accommodation Provider is solely responsible for fulfilling the accommodation services, including check-in, housekeeping, amenities, and all aspects of your stay.
3.4 Technology Partners: We utilize technology partners, including LiteAPI (Nuitée Travel Limited), to supply hotel inventory, rates, availability, and booking services. We are not responsible for the accuracy, completeness, or timeliness of information provided by these partners.
3.5 Nominative Fair Use: We may use hotel names, trademarks, and logos on the Platform for the purpose of identifying and describing available accommodations. Such use constitutes nominative fair use and does not imply endorsement, affiliation, or partnership with the Accommodation Provider.
3.6 Third-Party Authorization and Hotel Objections: While we source our inventory through LiteAPI (Nuitée Travel Limited), which represents that it has appropriate distribution rights, we cannot independently verify the authorization chain for every hotel listed on our Platform. Hotels are listed based on data provided to us by our technology partners.
If a hotel, hotel chain, brand owner, or trademark owner objects to the listing of their property on our Platform, we reserve the unconditional right to immediately remove that property without prior notice and without liability to you or any third party. You acknowledge and accept that certain hotels or chains may not authorize distribution through our channel, and we make no guarantee that all listings have been approved by the respective property owners or trademark holders.
No Liability for Removal: We shall not be liable for any losses, damages, or inconvenience resulting from the removal of hotel listings, including but not limited to cancelled bookings, alternative accommodation costs, or loss of rewards/points. Any bookings affected by property removals will be handled in accordance with Section 7 (Cancellation and Refunds).
4. Third-Party Content Disclaimer
4.1 Source of Content: All Third-Party Content, including hotel descriptions, images, amenities, rates, availability, policies, and reviews, is provided by Accommodation Providers, LiteAPI, or other third-party suppliers. We do not create, verify, or guarantee the accuracy of such content.
4.2 No Guarantee of Accuracy: While we strive to present accurate information, we make no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any Third-Party Content. Information may change without notice, and we are not obligated to update or correct Third-Party Content.
4.3 "AS IS" Basis: All Third-Party Content is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
4.4 Factual Information Protection: To the extent permitted by law, we are protected from liability for factual information about accommodations that we display in good faith, even if such information later proves to be inaccurate, provided we did not know or have reason to know of the inaccuracy.
4.5 User Verification: You are responsible for verifying all information relevant to your Booking directly with the Accommodation Provider before completing your Booking. We recommend contacting the Accommodation Provider to confirm amenities, policies, and special requirements.
4.6 No Endorsement: The listing of a hotel on our Platform does not constitute an endorsement, recommendation, or guarantee of quality by us. We do not endorse any Accommodation Provider or their services.
4.7 Content Authorization and Upstream Reliance: All hotel-related content on this Platform (including hotel names, descriptions, images, amenities, rates, and availability) is sourced from LiteAPI (Nuitée Travel Limited) and other authorized technology partners. We rely on representations from these partners that:
- (a) They have obtained appropriate authorization from hotels or their authorized distribution partners;
- (b) The content does not infringe upon any third-party intellectual property rights;
- (c) They have the right to sublicense or redistribute this content to platforms such as ours;
- (d) Hotels have consented to distribution through their authorized channels (which may include GDS systems, bed banks, wholesalers, or API aggregators).
Indirect Distribution Model: You acknowledge that the hotel distribution industry commonly operates through multi-layered authorization chains. Hotels may authorize distribution through:
- → Global Distribution Systems (GDS) such as Amadeus, Sabre, or Travelport;
- → Bed banks and wholesalers who aggregate hotel inventory;
- → Technology platforms like LiteAPI that connect to multiple sources;
- → API aggregators (us) that provide inventory to end consumers.
This multi-tier model is standard industry practice. However, we acknowledge that hotels may not always be aware of or approve every downstream distribution partner. We act in good faith relying on our upstream partners' authorizations and will promptly respond to any legitimate objections from rights holders.
5. Booking Process and Confirmation
5.1 Making a Booking: To make a Booking, you must provide accurate and complete information, including guest names, contact details, travel dates, and payment information. All Bookings are subject to availability and confirmation by the Accommodation Provider.
5.2 Confirmation: A Booking is not confirmed until you receive a confirmation email or message with a booking reference number. The confirmation will include the Accommodation Provider's name, check-in and check-out dates, room type, total price, and cancellation policy. Important: Confirmation is sent by us as a platform notification on behalf of the supplier/merchant of record, and your booking reference includes the supplier reference. The booking is fulfilled by the supplier/accommodation provider.
5.3 Obvious Errors: We reserve the right to cancel any Booking that contains an obvious error, such as an incorrect price due to a technical malfunction or human error. If we cancel a Booking due to an obvious error, we will provide a full refund and notify you promptly.
5.4 Voucher and Check-In: Upon confirmation, you will receive a booking voucher or confirmation document. You must present this voucher, along with valid identification and the payment method used for the Booking, at check-in. The Accommodation Provider may refuse check-in if you cannot provide these documents.
5.5 Booking on Behalf of Others: If you make a Booking on behalf of another person, you represent and warrant that you have the authority to bind that person to these Terms and that you have provided accurate information about all guests.
5.6 Special Requests: Special requests (e.g., room preferences, dietary requirements, accessibility needs) are requests only and are not guaranteed. The Accommodation Provider will make reasonable efforts to accommodate special requests but is not obligated to fulfill them.
5.7 Overbooking: In rare cases, an Accommodation Provider may overbook and be unable to honor your reservation. If this occurs, the Accommodation Provider is responsible for providing alternative accommodation of equal or better standard or a full refund. We will assist in facilitating communication but are not liable for the Accommodation Provider's actions.
5.8 Property Removal Rights and Inventory Changes: We reserve the unconditional right to remove any hotel, accommodation provider, or property listing from our Platform at any time, for any reason, including but not limited to:
- (a) Request or objection from the hotel, property owner, or brand owner;
- (b) Objection from a trademark owner or their legal representatives;
- (c) Concerns about authorization, licensing, or distribution rights;
- (d) Quality, compliance, safety, or customer service issues;
- (e) Changes to our technology partner's (LiteAPI) inventory or authorization;
- (f) Legal, regulatory, or business considerations; or
- (g) Any other reason at our sole discretion.
Effect on Existing Bookings: If a property is removed from our Platform after you have made a booking but before your check-in date, we will make reasonable efforts to notify you and facilitate a refund or alternative arrangement. However, we are not liable for any consequential damages, additional costs, or losses resulting from such removal. No refunds or compensation will be provided beyond the refund of your original booking amount, unless required by applicable law.
6. Pricing and Payment
6.1 Payment Processing: Payments are processed by our third-party booking/payment partners (e.g., LiteAPI and/or its suppliers). The merchant of record shown on your payment statement may be our partners or the accommodation provider/supplier, depending on the booking. The merchant of record will be disclosed at checkout and will appear on your payment card statement. If there is any conflict between disclosures, the checkout disclosure controls. Viversio Portal facilitates the booking process but does not act as the merchant of record.
6.2 Payment Security: Payments are processed securely by the merchant of record via Stripe or other payment processors used by our booking/payment partners. We do not store full credit card numbers or CVV codes on our servers.
6.3 Currency: Prices are displayed in the currency you select during the booking process. Currency conversion rates are provided for convenience only and may not reflect the exact exchange rate at the time of payment. Your payment provider may apply additional fees for currency conversion.
6.4 Taxes and Fees: The price displayed on the Platform may not include all taxes, fees, and charges. Additional charges, including but not limited to city taxes, resort fees, service charges, and deposits, may apply and will be disclosed during checkout or at check-in as determined by the Accommodation Provider.
6.5 Price Variations: Prices are subject to change until you complete your Booking. Rates may vary based on availability, seasonality, demand, and other factors. The price confirmed at checkout is the price you will be charged, subject to any obvious errors (see Section 5.3).
6.6 Authorization: By providing payment information, you authorize the merchant of record (which may be our booking/payment partners, suppliers, or the accommodation provider, depending on the booking) to charge your payment method for the total amount of your Booking, including taxes, fees, and any incidentals disclosed during checkout.
6.7 Chargebacks: If you dispute a charge with your payment provider (chargeback), the merchant of record (which may be our payment partners, suppliers, or the accommodation provider, depending on the booking) will handle the dispute in accordance with their policies. We may assist in facilitating communication between you and the merchant of record, but the resolution of chargebacks is ultimately controlled by the merchant of record. We may suspend or terminate your account if you engage in fraudulent chargeback activity.
7. Cancellation, Refunds, and Modifications
7.1 Hotel Cancellation Policies: Cancellation policies vary by Accommodation Provider and booking type. The specific cancellation policy for your Booking will be displayed during the booking process and in your confirmation email. You are bound by the cancellation policy applicable to your Booking.
7.2 Non-Refundable Bookings: Some Bookings are marked as "non-refundable" or "non-cancellable." If you cancel a non-refundable Booking, you will not receive a refund, regardless of the reason for cancellation.
7.3 Refund Processing: If you are entitled to a refund under the applicable cancellation policy, refunds will be processed by the merchant of record (which may be our payment partners, suppliers, or the accommodation provider, depending on the booking) to the original payment method used for the Booking. We will provide customer support and escalate refund requests to the merchant of record/supplier and keep you informed of the status. The timing and processing of refunds is controlled by the merchant of record. Refunds typically take 5-10 business days to appear in your account, but timing may vary by bank, payment method, and the merchant of record's processing time.
7.4 EU Withdrawal Right Exception: Under European consumer law, the right of withdrawal (cooling-off period) does NOT apply to accommodation bookings for specific dates. Once your Booking is confirmed, you are bound by the Accommodation Provider's cancellation policy, and standard consumer withdrawal rights do not apply.
7.5 Modifications: Modifications to Bookings (e.g., change of dates, number of guests) are subject to availability and the Accommodation Provider's policies. Modification requests must be made directly with the Accommodation Provider or through our customer service. Additional charges may apply.
7.6 No-Show: If you fail to arrive at the Accommodation Provider on the check-in date without prior cancellation, the Accommodation Provider may charge you the full Booking amount. We are not responsible for no-show charges.
7.7 Early Departure: If you check out before your scheduled check-out date, you may still be charged for the full duration of your Booking, depending on the Accommodation Provider's policy.
7.8 Unclaimed Refunds: If a refund cannot be processed to your original payment method (e.g., card expired, account closed), you must contact us within 90 days. We will assist by coordinating with the merchant of record to arrange an alternative refund method, subject to their policies and legal requirements. Unclaimed refunds may be forfeited after 12 months.
8. User Obligations and Prohibited Uses
8.1 Accurate Information: You must provide accurate, current, and complete information when making a Booking or creating an account. You are responsible for maintaining the accuracy of your information and for any consequences of providing false or misleading information.
8.2 Travel Documents: You are responsible for ensuring that you and all guests have valid travel documents, including passports, visas, and any required health certificates, for your destination. We are not responsible for any consequences of inadequate travel documentation.
8.3 Compliance: You must comply with all applicable laws, regulations, and Accommodation Provider policies when using the Platform and during your stay. You are responsible for your conduct and the conduct of all guests included in your Booking.
8.4 Prohibited Activities: You agree NOT to:
- Use the Platform for any illegal, fraudulent, or unauthorized purpose
- Scrape, copy, redistribute, resell, or create derivative databases from Platform content or LiteAPI data
- Use automated tools, bots, or scripts to access the Platform or harvest data
- Interfere with or disrupt the Platform's operation or security
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Transmit viruses, malware, or other harmful code
- Violate any Accommodation Provider's house rules or policies
- Use the Platform to compete with us or to reverse-engineer our technology
8.5 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
8.6 Right to Terminate: We reserve the right to suspend or terminate your account and refuse service if you violate these Terms, engage in prohibited activities, or for any other reason we deem necessary to protect the Platform, other users, or Accommodation Providers.
9. Intellectual Property Rights
9.1 Ownership: All content on the Platform, including text, graphics, logos, images, software, and the compilation of such content, is the property of Viversio Portal or its licensors and is protected by copyright, trademark, and other intellectual property laws.
9.2 Trademarks: Hotel names, logos, and trademarks displayed on the Platform are the property of their respective owners. Our use of such trademarks constitutes nominative fair use for the purpose of identifying and describing available accommodations. Such use does not imply endorsement, affiliation, or partnership.
9.3 Third-Party Content Authorization and Limitations: Hotel names, logos, descriptions, images, and other content displayed on the Platform ("Third-Party Content") are provided to us by LiteAPI and other technology partners. We rely on representations from our partners that they have appropriate authorization to distribute this content.
Limitation of Liability for Unauthorized Content: While we act in good faith and rely on our technology partners' assurances, we cannot independently verify that every piece of Third-Party Content is authorized by the respective trademark or copyright owner. If a rights holder objects to the use of their intellectual property on our Platform, we will promptly remove the content upon receiving notice.
Indemnification Request from Partners: We require our technology partners (including LiteAPI) to represent and warrant that they have appropriate rights to the content they provide. However, you acknowledge that we are a downstream recipient of this content and may face limitations in enforcing these warranties against upstream providers. We will exercise commercially reasonable efforts to address intellectual property concerns but cannot guarantee outcomes in disputes with third-party rights holders.
9.4 Restrictions: You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any Platform content without our prior written consent, except for making and managing Bookings for yourself or your customers.
9.5 User-Generated Content: If you submit reviews, comments, or other content to the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and distribute such content worldwide.
9.6 Notice-and-Takedown Procedure: We respect intellectual property rights and will respond to valid takedown notices. If you believe your intellectual property (copyright, trademark, or other rights) has been infringed on our Platform, please contact us at legal@hotelcuration.com with the following information:
- (a) Identification of the copyrighted work, trademark, or other intellectual property claimed to have been infringed;
- (b) Identification of the allegedly infringing material and its location on our Platform (URL or description);
- (c) Your contact information (name, address, email, phone);
- (d) A statement that you have a good faith belief that the use is not authorized by the rights holder;
- (e) A statement that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder;
- (f) Your physical or electronic signature.
Upon receiving a proper notice with the above information, we will promptly review and remove or disable access to the allegedly infringing content, typically within 5-10 business days. We will notify you of our action and may provide the content provider with your contact information to allow them to respond. For DMCA-specific notices, we will follow the procedures set forth in the Digital Millennium Copyright Act.
10. Limitation of Liability
IMPORTANT LIMITATION:
To the maximum extent permitted by law, our liability is limited as set forth below. Please read this section carefully.
10.1 No Liability for Hotel Services: We are NOT liable for any loss, damage, injury, illness, or death occurring at or in connection with any Accommodation Provider or their property. This includes but is not limited to: property damage, theft, personal injury, food poisoning, accidents, or any other incidents.
10.2 No Liability for Third-Party Content: We are NOT liable for any errors, inaccuracies, or omissions in Third-Party Content, including hotel descriptions, images, rates, availability, or policies. We are not responsible for changes made by Accommodation Providers to their services, amenities, or policies.
10.3 No Liability for Technology Partners: We are NOT liable for the actions, errors, or omissions of our technology partners, including LiteAPI, Stripe, or any other third-party service provider. This includes but is not limited to: booking confirmations, payment processing, data transmission, or service interruptions.
10.4 Cap on Liability: To the maximum extent permitted by law, our total aggregate liability to you for any claims arising from these Terms or your use of the Platform shall not exceed the total amount you paid for the specific Booking in question, or if no Booking was made, $100 USD.
10.5 Waiver of Consequential Damages: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: lost profits, lost data, loss of goodwill, or business interruption, regardless of the theory of liability.
10.6 Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, strikes, or technical failures (see Section 12).
10.7 Travel Risks: Travel involves inherent risks, including but not limited to: health risks, political instability, natural disasters, and transportation disruptions. You assume all such risks, and we are not liable for any consequences arising from travel-related risks.
10.8 No Liability for Third-Party Authorization Disputes: We shall not be liable for any claims, damages, losses, or legal action arising from:
- (a) Objections by hotels, hotel chains, or trademark owners to our distribution of their content;
- (b) Disputes regarding the authorization chain between our technology partners and property owners;
- (c) Allegations of unauthorized use of trademarks, logos, or copyrighted content provided by our API partners;
- (d) Changes to distribution agreements between our upstream providers and hotels;
- (e) Removal of hotel listings due to authorization concerns or rights holder objections.
To the maximum extent permitted by law, our liability for any such issues is limited to refunding your booking amount. We are not liable for consequential damages, alternative accommodation costs, travel expenses, lost vacation time, emotional distress, or any other indirect losses arising from authorization disputes or content removal.
10.9 Consumer Protection Laws: Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations may not apply to you. Nothing in these Terms affects your non-waivable rights under applicable consumer protection laws.
11. Indemnification
11.1 User Indemnification: You agree to indemnify, defend, and hold harmless Viversio Portal, its affiliates, officers, directors, employees, agents, and service providers (including LiteAPI) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Platform or any Booking made through the Platform
- Your violation of these Terms or any applicable law or regulation
- Your violation of any rights of any third party, including Accommodation Providers
- Your conduct during your stay at any Accommodation Provider
- Any inaccurate or false information you provide
11.2 Defense of Claims: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11.3 Limitation on Upstream Provider Indemnification: While we seek indemnification and warranties from our upstream technology partners (including LiteAPI/Nuitée Travel Limited) regarding their authorization to distribute hotel content, you acknowledge that:
- (a) Our indemnification rights from upstream providers may be limited by their terms of service;
- (b) Upstream providers may disclaim certain liabilities or cap damages;
- (c) In the event of a dispute with a hotel or trademark owner, our ability to pass through liability to upstream providers may be restricted;
- (d) We will exercise commercially reasonable efforts to hold upstream providers accountable but cannot guarantee full recovery or defense from them.
Jurisdictional Limitations: Our upstream providers may be located in different jurisdictions (e.g., Ireland for LiteAPI), which may affect enforcement of indemnification obligations. You accept these limitations as part of using an API aggregator model for hotel distribution.
11.4 Survival: Your indemnification obligations will survive termination of these Terms and your use of the Platform.
12. Force Majeure
12.1 Force Majeure Events: Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to:
- Natural disasters, pandemics, epidemics, or public health emergencies
- War, terrorism, civil unrest, or government actions
- Strikes, labor disputes, or transportation disruptions
- Acts of God, fire, flood, earthquake, or other catastrophic events
- Technical failures, internet outages, cyber attacks, or data breaches
- Changes in laws, regulations, or government policies
12.2 Effect: During a force majeure event, the affected party's obligations will be suspended to the extent prevented by the force majeure event. The affected party must use reasonable efforts to mitigate the effects of the force majeure event.
12.3 Right to Cancel: If a force majeure event prevents performance for more than 30 days, either party may cancel the affected Booking by written notice. In such cases, we will make reasonable efforts to assist with rebooking or refunds, but we are not obligated to provide compensation beyond what the Accommodation Provider offers.
12.4 Hotel Cancellations: If an Accommodation Provider cancels your Booking due to a force majeure event, the Accommodation Provider is responsible for providing a refund or alternative accommodation. We will assist in facilitating communication but are not liable for the Accommodation Provider's decisions.
13. Dispute Resolution and Governing Law
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
By using the Platform, you agree to resolve disputes through binding arbitration in Dubai, UAE, rather than in court. You also waive your right to participate in class actions. Please read this section carefully.
13.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai, without regard to conflict of law principles. Disputes will be resolved by DIAC arbitration in Dubai as set forth in Section 13.3. Courts of Dubai, UAE, shall have jurisdiction only for: (i) enforcing arbitration awards, (ii) injunctive or equitable relief as provided in Section 13.6, and (iii) small claims as provided in Section 13.7.
13.2 Good Faith Negotiation: Before initiating any formal dispute resolution proceeding, you agree to contact us at legal@hotelcuration.com to attempt to resolve the dispute in good faith. We will make reasonable efforts to resolve disputes amicably within 30 days of receiving your notice.
13.3 Mandatory Arbitration: If a dispute cannot be resolved through good faith negotiation, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, your use of the Platform, or any Booking made through the Platform shall be resolved through binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with the DIAC Arbitration Rules.
13.4 Arbitration Details: The arbitration shall be conducted in English in Dubai, UAE. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction. The costs of arbitration shall be shared equally between the parties, unless the arbitrator determines otherwise.
13.5 Class Action Waiver: You agree that any disputes will be resolved individually and not as part of a class action, consolidated action, or representative proceeding. You waive your right to participate in or be represented in any class action or consolidated proceeding, whether in arbitration or in court.
13.6 Jurisdiction: Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm.
13.7 Small Claims Exception: Notwithstanding the arbitration requirement, you may bring claims in small claims court in your jurisdiction if your claims qualify and remain in that court.
13.8 Consumer Rights Preserved: Nothing in this Section 13 limits or affects your rights as a consumer under mandatory consumer protection laws in your country of residence. If any provision of this Section 13 is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14. Privacy and Data Protection
14.1 Privacy Policy: Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our Privacy Policy.
14.2 UAE Personal Data Protection Law: We comply with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021) and process your personal data in accordance with its requirements.
14.3 GDPR Compliance: For users in the European Union and European Economic Area, we comply with the General Data Protection Regulation (GDPR) and process your personal data in accordance with its requirements.
14.4 CCPA Compliance: For California residents, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). We do not sell your personal information.
14.5 Data Sharing: We share your booking information with Accommodation Providers and our service providers (including LiteAPI and payment processors) to facilitate your Booking. These parties have their own privacy policies governing how they use your information.
14.6 Data Transfers: Your data may be transferred to and processed in countries outside your country of residence, including the UAE and the United States. We ensure appropriate safeguards for such transfers in compliance with applicable data protection laws. Details about cross-border data transfers and the safeguards we implement are described in our Privacy Policy.
14.7 Privacy Contact: For questions, concerns, or requests regarding your personal data, please contact us at privacy@hotelcuration.com or legal@hotelcuration.com. For users in the EU/EEA, you may also contact your local data protection authority.
15. Complaints and Customer Service
15.1 Contact Information: If you have questions, concerns, or complaints about the Platform or these Terms, please contact us at:
Viversio Portal
Email: support@hotelcuration.com
Legal: legal@hotelcuration.com
Address: Dubai, United Arab Emirates
15.2 Intermediary Role: Please note that we act as an intermediary. For complaints regarding accommodation services, amenities, or your stay, you must contact the Accommodation Provider directly using the contact information provided in your booking confirmation.
15.3 Response Time: We aim to respond to all inquiries within 48 hours during business days. For urgent matters related to active Bookings, please contact the Accommodation Provider directly.
16. Affiliate Disclosure
16.1 FTC Compliance: In compliance with the U.S. Federal Trade Commission (FTC) guidelines and similar regulations in other jurisdictions, we disclose that we may receive commissions or other compensation from Accommodation Providers when you make a Booking through the Platform.
16.2 Pricing Disclosure: We may earn commissions and/or apply service fees/markups. The final price you pay is displayed before you confirm the booking.
16.3 No Influence on Reviews: Our receipt of commissions does not influence our presentation of accommodations or any reviews or ratings displayed on the Platform. We strive to present accurate and unbiased information.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that comes closest to the intent of the original provision.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Viversio Portal regarding your use of the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the subject matter hereof.
19. Assignment and Transfer
19.1 Our Right to Assign: We may assign, transfer, or delegate these Terms or any of our rights or obligations hereunder to any third party without your consent, including in connection with a merger, acquisition, or sale of assets.
19.2 User Restriction: You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void.
20. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Viversio Portal. A waiver of any breach of these Terms shall not be construed as a waiver of any subsequent breach.
21. Electronic Communications
21.1 Consent to Electronic Communications: By using the Platform, you consent to receive communications from us electronically, including emails, text messages, and notifications through the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21.2 Electronic Signatures: Under UAE law (Federal Law No. 1 of 2006 on Electronic Commerce and Transactions), electronic signatures and records have the same legal effect as written signatures and paper records. By clicking "I agree," "Book now," or similar buttons on the Platform, you are providing an electronic signature that is legally binding.
21.3 Opt-Out: You may opt out of marketing communications at any time by clicking the unsubscribe link in our emails or by contacting us. However, you cannot opt out of transactional communications related to your Bookings.
22. Interpretation and Language
22.1 Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
22.2 English Version Controls: These Terms are provided in English. If these Terms are translated into other languages, the English version shall control in the event of any conflict or discrepancy.
22.3 Interpretation Rules: In interpreting these Terms: (a) the singular includes the plural and vice versa; (b) "including" means "including without limitation"; (c) references to "we," "us," or "our" refer to Viversio Portal; and (d) references to "you" or "your" refer to the User.
23. Survival
The following provisions shall survive termination of these Terms and your use of the Platform: Sections 1 (Definitions), 6 (Pricing and Payment) to the extent of outstanding payments, 7 (Cancellation, Refunds, and Modifications) to the extent of pending refunds, 9 (Intellectual Property Rights), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution and Governing Law), 14 (Privacy and Data Protection), and 17-25 (General Provisions).
24. Acknowledgment and Acceptance
By completing a Booking through HotelCuration.com, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms and Conditions
- Your booking contract is with the accommodation provider and/or the third-party supplier/merchant of record as disclosed at checkout and in your confirmation, not with Viversio Portal
- Viversio Portal acts solely as an intermediary facilitating the booking process
- You agree to resolve disputes through binding arbitration in Dubai, UAE, and waive your right to participate in class actions (see Section 13)
- You have read and agree to our Privacy Policy
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT COMPLETE A BOOKING OR USE OUR SERVICES.
25. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Operator:
Viversio Portal
E-Trader License No. 1543186
Department of Economy and Tourism (DET), Dubai, UAE
Contact:
Email: support@hotelcuration.com
Legal: legal@hotelcuration.com
Address:
Dubai, United Arab Emirates
For booking-related inquiries, please contact the Accommodation Provider directly using the contact information provided in your booking confirmation.