Terms of Service
The website located at www.lotusnomads.org and the services available are subject to the following terms and conditions.
Please read the following terms and conditions closely before using our Website. By accessing, browsing and using this Website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree with any part of these terms and conditions, you must not use this Website. The Website is owned and operated by LOTUS Alliance LLC, a Connecticut limited liability company doing business as LOTUS Nomads (hereinafter LOTUS Alliance, or LOTUS Nomads, or Nomads or the Company). Some of the content found on the Website is owned by clients of www.lotusnomads.org, some of the content on the Website is owned by other third party providers, and some of the content found on the Website is owned by the Company. The terms “we,” “us,” “our” and the “Company” refer collectively to LOTUS Alliance LLC dba LOTUS Nomads and our affiliates, and “you” and “your” refer collectively to the customer booking a reservation, browsing and/or purchasing goods through us directly through this Website, or indirectly through any of our affiliates through whom we provide services and/or goods. All reservations and/or purchases you make through us are subject to the terms, conditions and notices as they exist at the time the reservation is made. We, and third-party suppliers, reserve the right to change these terms, conditions and notices, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of our Websites and facilities.
Your Warranties to Us
As a condition of your using this Website, booking a reservation and/or purchasing goods through us, or using any of the information, data or images from this Website, you warrant and represent to us that you will not use this Website or the information, images or data contained on the Website, for any illegal purpose, or for any purpose that is prohibited by this agreement, and you agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this Website. You further warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this Website in accordance with the terms and conditions of this agreement. You agree to be financially liable for all of your uses of this Website as well as for the use of your name and credit card account to pay for any products and services purchased at this Website by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household while using this Website is true and accurate.
Terms of Service
This Website provides assistance to customers in determining the availability of certain goods and services and/or purchasing such goods and services. In certain instances you will be purchasing goods and services directly from third party suppliers and in other instances you will be purchasing goods and services directly from the Company. If goods or services are purchased or reservations are made directly from suppliers, separate terms and conditions of such suppliers will apply to your reservations or purchases of goods or services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of any products or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, in your forfeiting any monies paid for such reservations or purchases, and in the Company debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this Website, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. You further agree that any claims that you may have arising out of such purchases will only be against such suppliers and not the Company. As stated above, this Website also accommodates the sale of certain goods and/or services to you directly. Your use of these Websites, including, but not limited to, purchase of certain goods and services through this Website constitutes your agreement with the terms and conditions contained herein. With respect to hotel reservations made directly through this Website, they are further subject to the published conditions and rules of the applicable hotel or service provider. A reservation and/or purchase made directly through this Website will be subject to the cancellation and return policy that is applicable to that particular reservation and/or purchase, which will be made known to you prior to your making such reservation and/or purchase. You further agree and acknowledge that your credit card may be charged for the full cost of your reservation upon submitting your reservation request regardless of whether the reservation is used.
Submission of Website Content
Terms Between Writers and LOTUS Nomads
A tax recovery charge may be assessed to you to recover any amounts we pay to the hotel in connection with your reservation for sales and use, occupancy, room excise tax, value added and other similar taxes, and the balance of the additional amount, if any, is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation. In certain circumstances, we are not the vendor collecting and remitting such taxes to the applicable taxing authorities. The vendors bill all applicable taxes to us and we remit such taxes directly to the vendor. In such instances, we are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel by the customer. With respect to the purchase(s) of certain goods, such purchase may be subject to state and local sales tax, depending on the location to which the goods are being shipped. We reserve the right to charge any applicable tax that will be applied to the items you purchase through our Websites and delivery, in accordance with applicable laws.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by all relevant governmental authorities and agencies prior to booking travel to international destinations. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. Links to Third Party Websites Our Websites contains links to Websites operated by parties other than the Company. Those links are provided to you for your reference and convenience only. These third party Websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send or serve the advertisements that appear on our Websites directly to your browser. We do not own or control the content of those Websites and are not responsible for their content or your use of them. We do not endorse the content of any of those Websites.
You communicate with us electronically whenever you visit our Websites or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.
Warranty and Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THESE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THESE WEBSITES. IN PARTICULAR, WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO, THE ESTABLISHMENT PHOTOGRAPHS, ESTABLISHMENT PROPERTY DESCRIPTIONS, AND LISTS OF ESTABLISHMENT PROPERTY AMENITIES DISPLAYED ON THESE WEBSITES, MOST OF WHICH IS PROVIDED TO US BY THE ESTABLISHMENT PROPERTIES. ESTABLISHMENT RATINGS DISPLAYED ON THESE WEBSITES ARE INTENDED ONLY AS GENERAL GUIDELINES, AND THE COMPANY AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THESE WEBSITES AT ANY TIME. ALTHOUGH THE WEBSITES CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY. THEREFORE, SOME OF THE INFORMATION ON THE WEBSITES MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. LOTUS NOMADS DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEBSITES CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE. THE WEBSITE CONTAIN OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES AND/OR THIRD PARTY STANDARDS. LOTUS NOMADS DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY OF SUCH WEBSITES CONTENT POSTED BY SUCH THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY SUCH THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES AT YOUR OWN DISCRETION AND RISK AND ANY RELIANCE ON WEBSITE CONTENT POSTED BY THIRD PARTIES WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME. LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, STAKEHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THESE WEBSITES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THESE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS, AND/OR THEIR RESPECTIVE SUPPLIERS 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 ESTABLISHMENTS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR THE COMPANY ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LOTUS NOMADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify LOTUS Nomads, its affiliates, and/or their respective suppliers 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: (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this Website.
By using the Website, submitting Member Content, booking a reservation and/or purchasing goods or services through this Website, you agree that the internal laws of the State of Connecticut, USA, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and the Company or its affiliates. You hereby agree that any dispute arising from or relating to the use of this Website, hotel reservations and/or purchasing goods or services made through us may, if not amicably resolved, be resolved only through binding arbitration between you and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in Connecticut before neutral arbitrators, shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by the Company and its affiliates with respect to your use of this Website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LOTUS Nomads as a result of this agreement or use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect. This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company and its affiliates with respect to these Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company and its affiliates 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 based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. LOTUS Nomads may assign its rights under these terms and conditions to any party without your consent. These terms and conditions shall inure to the benefit of LOTUS Nomads, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Any rights not expressly granted herein are reserved.
Modification of These Terms and Conditions
We reserve the right to change the terms, conditions, and notices under which these Websites are offered with or without notice. You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our Websites and facilities.
We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our Websites and/or service at any time and for any or no reason, with or without prior notice, and without liability.
Termination by You
You may discontinue your participation in and access to the Websites, and remove your Member Content from the Websites at any time. These terms and conditions will continue to apply to all past use of the Website by you, even if you are no longer using them. In the event of Termination by you, you acknowledge that LOTUS Nomads may retain archived copies of your Member Content.
Copyright and Trademark Notices
LOTUS Alliance, LOTUS Nomads and globetrot graciously are trademarks and/or service marks of LOTUS Alliance LLC. You agree not to display or use in any manner any marks of LOTUS Alliance without prior permission. All contents of the Website are copyrighted: LOTUS Alliance LLC. 2014. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.