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Policies and Terms

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  • Policies and Terms

IBC Travelers and Members

1.   As IBCTravel and an InnCentives member, you are in complete control of your travel-planning needs. This includes controlling the use of information you provide to IBC.Travel and InnCentives rewards loyalty program. The bottom line is that we respect and will continue to respect the privacy of our customers who use IBC.Travel and its reservations system.

What personal information is being gathered by IBC.Travel and how is this information being used?

2.    Personal Information

In using the online booking engine on ibc.travel or IBCInnCentives.com you provide your name, address, telephone number, and email address. This information is collected on the registration form for several reasons including: (i) personal identification; (ii) to complete hotel reservations; and (iii) to allow the hotels to contact you for customer service, if necessary. In addition, your email address is collected to send you an email message confirming each reservation you transact online. You will occasionally receive updates about sales in your area, special offers, new services, and other noteworthy news items. However, you may always decline to receive these email messages. Please see our Opt Out policy described below.

3.    Contests

IBC.Travel frequently sponsors contests to give the opportunity to win great travel prizes. Information collected by IBC.Travel for such contests can include contact information and survey questions. Contact Information is used to notify the contest winners and survey information is used to develop promotions and product improvements.

4.    Online Surveys

IBC.Travel values opinions and comments from members, so we frequently conduct online surveys. These surveys are entirely optional for all members. Typically, the information is aggregated and used to make improvements to IBC.Travel and InnCentives and to develop appealing content, features and promotions for members. Survey participants are anonymous unless otherwise stated in the survey.

Who will the information be shared with, if anyone?

5.1    When you make your hotel reservation through IBC.Travel or IBCInnCentives.com, we provide information about you to the hotel to ensure the successful fulfillment of your travel arrangements.

5.2    We do not sell individual customer names or other private profile information to third parties and have no intention of doing so in the future. Occasionally, IBC.Travel or IBCInnCentives.com will hire a third party to act on our behalf for projects such as market research surveys and contest entry processing and will provide to such third parties specifically for use in connection with these projects. The information we provide to such third parties is protected by a confidentiality agreement and is to be used solely for completing the specific project.

5.3    As a member or contest entrant you will occasionally receive email updates from us about the sales in your area, special offers, new IBC.Travel services and other noteworthy news items. We hope you will find these updates interesting and informative. Of course, if you would rather not receive them, please contact us at ibc-support@obasa.com.

5.4    IBC.Travel and IBCInnCentives.com reserves the right to limit membership to those who will accept emails. Members will be notified via email prior to any actions taken.

5.5    Privacy Shield Policy

    1. IBC Hotels LLC & IBC Travel complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries transferred to the United States pursuant to Privacy Shield. IBC Hotels LLC &IBC Travel has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

 

    1. In compliance with the Privacy Shield Principles, IBC Hotels LLC & IBC Travel commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union individuals with Privacy Shield inquires or complaints should first contact IBC Hotels LLC & IBC Travel at:
      IBC Hotels LLC
      Attn: IP/Trademark Legal Dept., Complaints
      1730 East Northern Avenue Suite 122
      Phoenix, Arizona 85020 USA

 

    1. IBC Hotels LLC & IBC Travel has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

 

    1. If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 for more information at https://www.privacyshield.gov/article?id=ANNEX-1-introduction

 

    1. IBC Hotels LLC & IBC Travel collects the name, phone number and physical address of the guest for order fulfillment, hotel stay, and internal research. Any guest or user may access, correct and/or delete their specified above collected data. If user/guest requires assistance in the removal of personal data or wishes to submit any inquiry or complaint, please email: ibc-support@obasa.com for the removal or adjustment of the specified above data. Guest data must be collected upon for for hotelier confirmation and minimum amount of data including name, physical address and phone number must be collected. After guest has checked out of their reservation they may remove their personal data which was collected through IBC Hotels and/or IBC Travel. The data is delivered directly to the hotel for guest booking or through a channel manager (e.g. SiteMinder) to confirm/deny the guest booking.

 

    1. IBC Hotels & IBC Travel may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. In the context of an onward transfer to IBC Hotels LLC & IBC Travel has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. IBC Hotels & IBC Travel shall remain liable under the principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage. Under limited conditions individuals may invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission. Arbitral decisions will be binding on all parties to the arbitration. Once invoked, the individual forgoes the option to seek relief for the same claimed violation in another forum, except that if non-monetary equitable relief does not fully remedy the claimed violation, the individual’s invocation of arbitration will not preclude a claim for damages that is otherwise available in the courts.

 

    1. Complaints are handled free of charge and are submitting via letter to above specified physical address or by email sent to ibc-support@obasa.com. After the submission the complaint is inspected by department managers whom reach back out to the user by a provided email address or contact information if sent via letter. If the user has submitted a complaint or inquiry through the provided email this in then ticketed via ZenDesk online ticketing and help desk which is IBC Hotels & IBC Travel respond directly to the user, within the ZenDesk Ticket submission. Upon resolution of the ticket it is submitted a “solved” ticket keeping the same ID and archived.

 

  1. IBC Hotels & IBC Travel is capable of being subject to investigation and enforcement via The Federal Trade Commission who has jurisdiction over IBC Hotels LLC & IBC Travel’s compliance with the Privacy Shield and/or The Department of Transportation who as well has jurisdiction over IBC Hotels LLC & IBC Travel’s compliance with the Privacy Shield.

6.    Opt Out Policy

At any time, you can unsubscribe from opt-in opportunities or from IBC.Travel’s newsletters through the unsubscribe link on IBC.Travel’s home page or by sending us an email at ibc-support@obasa.com.

What safeguards are in place to protect the loss, misuse or alteration of your information?

7.    All personally identifiable information you provide to IBC.Travel and IBCInnCentives.com is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.

What other information should I know about my privacy?

8.    IBC.Travel and IBCInnCentives.com contains links to other websites. Please note that when you click on one of these links, you are entering another website for which IBC.Travel IBCInnCentives.com assumes no responsibility. We encourage you to read the privacy statements of all such sites as their policies may be materially different from IBC.Travel and IBCInnCentives.com Privacy Statement. Of course, you are solely responsible for maintaining the secrecy of your passwords and any account information. Please be very careful, responsible, and alert with this information, especially whenever you’re online.

8.1    In addition to the circumstances described above, IBC.Travel and IBCInnCentives.com may disclose personal or reservation information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of IBC.Travel and IBCInnCentives.com or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

8.2    Any material changes in the way IBC.Travel and IBCInnCentives.com uses personal information will be described in future versions of this Privacy Statement. You may always submit concerns regarding our Privacy Statement or our privacy practices to ibc-support@obasa.com. Please reference the privacy policy in your subject line. IBC.Travel and IBCInnCentives.com will attempt to respond to all reasonable concerns or inquiries within five business days of receipt.

Phone:  +1 602.870.6929

Email:  ibc-support@obasa.com

Affiliated Terms and Conditions

1.1    This is an agreement between Hotels (“Members”) and IBC Hotels LLC (“IBC”) as well as between Guests and IBC. This Website is provided solely to assist independent-minded customers in gathering travel information, determining the availability of travel-related goods and services, doing legitimate reservations or otherwise transacting business with travel suppliers, as well as to assist independent hotels in providing their availability and services for travel-related hotel goods. The terms “we”, “us”, “our”, and “IBC Hotels” or “IBC Companies” refer to IBC Hotels, IBC, and IBC Hospitality Technologies. The term “you” refers to the hotel or customer visiting the website and/or booking/providing a reservation/hotel room through us on this website, or through our reservation service agents.

1.2    This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully. By accessing or using this website, booking any travel products or services on this website, or contacting our reservation center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or make booking through this website or our Reservation Center Agents. IBC may at any time change these Terms of Use and your continued use of this website is conditioned upon acceptance of the updated Terms of Use.

1.3    Hotel agrees to authorize IBC to share hotel reservation data with TrustYou for automating the guest feedback survey send-out. Likewise, hotels understand that data may be shared with third parties for reaching out to the hotel via email or phone for marketing reasons only.

1.4    Customer data is protected and shared with the procuring hotel under separate password-protected login for reservation delivery and appropriate service levels. Any procuring hotel must obtain permission from a guest separately for any follow-up marketing activities.

2.    Use of the Website

As a condition of your use of this website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii)you will use this website in accordance with these Terms of Use; (iv) you will only use this website to make legitimate reservations and/or provide legitimate hotel rooms for you or for another person/hotel for whom you are legally authorized to act; (v) you will inform such other persons about the Terms of Use that apply to the reservation you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this website is true, accurate, current and complete, and (vii) if you have an ibcmarketplace.com profile account, 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. We retain the right at our sole discretion to deny acess to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, violation of these Terms of Use.

3.    Prohibited Activities

3.1    The content and information on the website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website.

3.2    Additionally, you agree not to:

    1. Use this website or its contents for any commercial purpose;

 

    1. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand/supply;

 

    1. Access, monitor or copy any content or information of this website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

 

    1. Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

 

    1. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

 

    1. Deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or

 

  1. “frame”, “mirror”, or otherwise incorporate any part of this website into any other website without our prior written authorization. If your booking or account shows signs of fraud, abuse or suspicious activity, IBC may cancel any bookings associated with your name, email address, or account, and close any associated IBC accounts. If you have conducted any fraudulent activity, IBC reserves the right to take any necessary legal action and you may be liable for monetary losses to IBC, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact IBC Customer Service.

4.    Supplier Rules and Restrictions

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and 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 reservations, products, or services. Hotels may change their prices without notice. We/Hotels reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by IBC Hotels for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

4.1    Hotel Supplier Terms and Conditions

These Terms refer to additional rules and restrictions, including cancellation policies of suppliers of Hotel Reservations (Rules) which may apply to your Booking. These Rules will be made available to you prior to completion of the Booking and any Booking is made subject to the Rules as set out on the booking page. Please read these Rules carefully. If you are making a Booking on behalf of any other persons, you are responsible for bringing these Rules to the attention of such persons and advising them they will be bound by the same. For more information please go to the Hotel Supplier Terms and Conditions to view full terms and conditions.

5.    Marketing

IBC.travel may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your IBC Account. For example, we may enable Members to link their IBC Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Owners/Operators to add other Members as Co-Owners/Operators to help manage their Listings only when requested in writing and approved by both parties. These features do not require that you share your credentials with any other person. No third party is authorized by IBC to ask for your credentials, and you shall not request the credentials of another Member. IBC may reject any approved user access at any time. Unauthorized access or misuse of IBC.travel online products may result in sanction and/or nullification of existing agreement at the discretion of IBC.travel.

6.    Privacy Policy

IBC Hotels LLC believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the website, to understand our practices.

6.1    Data protection

The agent only collects, processes and uses the customer’s personal data to the extent that the customer consents to this or a legal provision permits the collection, processing and use of the data. The agent only collects, processes and uses data that is required for the provision of its services and the use and operation of the online portal and/or the services offered on the online portal. Under no circumstances does the agent sell the data to third parties. Data is only transferred to third parties to the extent required for bookings/reservations with the provider chosen by the customer. This expressly includes any transfer to affiliates of the agent for the purposes of executing the booking.

6.2    General Data Protection Regulation (GDPR)

The General Data Protection Regulation includes better control of processing personal data of EU citizens. At the same time, it will allow businesses to reduce administrative burden and boosts consumer confidence in order to make better use of the Digital Single Market within the EU. Beginning last year already, a GDPR Compliance Program has been initiated at IBC. The implementation of such measures ensures exact timing as well as documented organizational and technical implementation of necessary steps. In doing so, IBC ensures compliance with all requirements in accordance with GDPR.

7.    Reviews, Comments and other Submissions

We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant IBC Hotels and its subsidiaries and corporate affiliates (collectively, the “IBC Companies or IBC Travel or InnDependent InnCentives or Innsuites Hospitality Trust”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “IBC Afiiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.

You acknowledge that IBC may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant IBC the right to pursue at law any person or entity that violates your or IBC rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any submissions, (specifically including, but not limited to, reviews posted to this website). If you do not agree to these Terms of Use, please do not provide us with any Submissions. You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews 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 material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or contect (specifically including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right 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 your posting of content to this website. You acknowledge that IBC Hotels may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

Some IBC affiliate sites use translate or currency tools made available on this website to enable you to translate content and convert currencies. The translate tools typically use an automated process to translate text and approximate rates and this may result in inaccuracies. Your use of the Translate and Currency tool is entirely at your own risk. IBC Hotels does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations or currency exchanges provided by translation tools on the website.

8.    Prepaid Hotel Reservations

    1. You acknowledge that IBC pre-negotiate certain room rates with the hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that IBC provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee or credit card fee”). The room rate displayed on the website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by IBC and the facilitation/credit card fee retained by IBC for their services. You authorize IBC to book reservations for the total reservation price, which includes the room rate displayed on the website, plus tax recover charges, service fees, and where applicable taxes on IBC’s services. You agree that your credit card will be charged by IBC for the total reservation price. Upon submitting your reservation request you authorize IBC to facilitate hotel reservation on your behalf, including making payment arrangements with hotel suppliers. Hotel suppliers are subject to ACH/Wire fees if any.

 

    1. Some hotels prefer a guaranteed (GTD) “Split” reservation whereby a deposit equal to the agreed upon commission percentage is gathered at the time of booking and the balance is paid upon check-in by the guest to the hotel.

 

  1. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, IBC do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that IBC pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice IBC for the tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of IBC act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by IBC to the hotel suppliers may vary from the tax recovery charge amounts, depending on the rates, taxability, etc. in effect at the time of actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by IBC for their services vary based on the amount and type of hotel reservation.

9.    Cancellation Policy

You may cancel or change your prepaid hotel reservation, but you may be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of your reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservation after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms of Use imposed with respect to your prepaid hotel reservations. You may not book more than 10 rooms online for the same hotel/stay dates. If we determine that you have booked more than 10 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable.

10.    International Travel

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. IBC has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change, and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and all medical advice in relation to your trip.

BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, IBC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISLAIMER

    1. The information, software, products and services published on this website may include inaccuracies or errors, including pricing errors. IBC and IBC Affiliates do not guarantee the accuracy of and disclaim all liability for any error or other inaccuracies relating to the information and description of the hotel, activity, car, and other travel products such as cancellation protection and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.).

 

    1. Hotel ratings displayed on this website are created by hotel guests, and do not reflect or form the beliefs of IBC and its affiliates. IBC does not guarantee the accuracy of said ratings nor the availability of specific products and services. IBC and its affiliates may make improvements and/or changes to the website at any time.

 

    1. The IBC Companies, the IBC Affiliates/Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the IBC Companies. All such information, software products, and services are provided “as is” without any warranty of any kind. The IBC Companies and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the IBC Companies, the IBC Partners and/or their respective suppliers or other harmful components. The IBC Companies, the IBC Partners and their respective suppliers hereby disclaim all warranties and conditions regarding this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a response, title, and non-infringement.

 

    1. The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the IBC Companies. The IBC Companies 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 there from. The IBC Companies have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and we assume no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
    2. In no event shall the IBC Companies 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, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software, linked sites, products and services obtaining through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if the IBC Companies and/or their respective suppliers have been advised of the possibility of such damages.

 

  1. If, despite the limitation above, the IBC Companies or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any occurrences described above, then the liability of the IBC Companies and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to IBC, Inc. in connection with such transaction(s) on this website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

INDEMNIFICATION

    1. You agree to defend and indemnify the IBC Companies 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 account fees, brought by third parties as a result of (i) your breach of these Terms of Use or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.

 

  1. This website may contain hyperlinks to websites operated by parties other than the IBC Companies. Such hyperlinks are provided for your reference only. We do not control such website and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

    1. Any software that we make available to utilize from this website (“Software”) or through your mobile application store, including the IBC or InnCentives mobile application (the “Mobile Application”) is the copyrighted work of the IB Companies and our respective suppliers. Your use of such software is governed by the terms of the end user license agreement, if any, which accompanies, or is including with, the software (“License Agreement”). You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any software made available for download on this website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the software and/or the mobile application for viewing and otherwise this website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

 

    1. Please note that all software, including, without limitation, all HTML code and Active X Controls contained on this website, is owned by the IBC Companies and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited and may result in sever and criminal penalties. Violators will be prosecuted to the maximum extent of the law.

 

    1. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

 

  1. Your mobile device must be connected to the internet for the Mobile Application to function properly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provide may charge you arising out of the mobile application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which content you access, and technical errors or problems which the application may encounter while being used. By using the mobile application, you acknowledge, agree and consent to the automatic collection of this information.

COPYRIGHT AND TRADEMARK NOTICES

    1. All contents of this website are ©2017 IBC Hotels LLC. All rights reserved. IBC, IBCHospitality.com, IBC.Travel, IBCInnCentives.com, the IBC logo, the IBC Partners Network logo, are either registered trademarks or trademarks of IBC, in the U.S. and/or other countries. Other logos, products, and company names mentioned herein may be the trademarks of their respective owners. IBC is ont responsible for content on websites operated by parties other than IBC Hotels LLC.

 

    1. If you are aware of an infringement of our brand, please let us know by emailing us at ibc-support@obasa.com.

 

    1. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

 

    1. Your complaint must include the following: (i) A clear identification of the copyrighted work you claim was infringed. (ii) A clear identification of the material you claim is infringing on the website, such as a link to the infringing material. (iii) your address, email address, and telephone number. (iv) A statement that you have a “good faith belief that the material is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”. (v) A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”. (vi) A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Your complaint must be submitted via email to ibc-support@obasa.com Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.

COUNTER NOTICES

  1. If material you have posted has been taken down, you may file a counter-notification by regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details: (i) Identification of the specific content that was removed or disabled and the location that the content appeared on IBC’s website. (ii) Please provide the URL address if possible. (iii) Your name, mailing address, telephone number and email address. (iv) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which IBC may be found, and that you will accept service of process from the party who reported your content, or that party’s agent. (v) The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled because of a mistake or misidentification. (vi) Your signature.
    1. Send the written communication to the following address:
    2. IBC Hotels LLC
      Attn: IP/Trademark Legal Dept., DMCA Complaints
      1730 East Northern Avenue Suite 122
      Phoenix, Arizona 85020 USA

SERVICE HELP

  1. For quick answers to your questions or ways to contact us, please visit our Customer Support Center. Or, you can write us at:
    Attn: Customer Service
    IBC Hospitality Technologies
    1730 East Northern Avenue Suite 122
    Phoenix, Arizona 85020 USA
  2. You can contact us by email at ibc-support@obasa.com or by phone at (602) 870-6929.

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