Terms and Conditions
These are the terms and conditions that govern all bookings made through our booking services, whether through our website, mobile website, or our mobile application (collectively the “Poolticket Sites”). All references to "We", "Us" or "Our" in these terms refer to Poolticket.com Limited (“Poolticket”), the operator of the Poolticket Sites. Your use of the Poolticket Sites and any bookings you make via the Poolticket Sites are subject to these terms and conditions (the “Terms”). You agree to use the Poolticket Sites in accordance with and subject to these Terms. If you do not accept these Terms, please do not use the Poolticket Sites and do not make a booking via the Poolticket Sites.
For more information about Poolticket, please see the About Us section of the Poolticket.com website . If you would like to contact us in relation to your use of the Poolticket Sites, or in connection with a booking of leisure services, please email us at info@Poolticket.com.
- We facilitate the processing and booking of POOLS/SAUNAS/SPAS and other leisure services (the “leisure services”). We do not provide, own or run any leisure services ourselves and in particular we do not provide, own or run any POOLS/SAUNAS/SPAS.
- You confirm that you are of sufficient age to use the Poolticket Sites lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the Poolticket Sites. You understand that you are financially responsible for all uses of the Poolticket Sites by you and those using your log-in information.
- When you make a booking using the Poolticket Sites, you agree to enter into a contract for leisure services and your contract for leisure services (including POOLS/SAUNAS/SPAS) is with the leisure services provider, not Poolticket, as we are only acting as agent for the leisure services provider. It is the leisure services provider's responsibility to provide you with the leisure services. We are not responsible for the fulfilment of any booking made through the Poolticket Sites or for the quality of any POOLS/SAUNAS/SPAS or any other leisure services that are booked.
2. Making and Cancelling a Booking
- On making a booking, you will be required to pay a non-refundable deposit (being a part payment towards the total value of your booking) that will always be non-refundable unless you avail of our payment protection service, which is subject to additional terms and conditions that are available here http://www.Poolticket.com/payment-protection/. We collect this deposit for and on behalf of the relevant leisure services provider.
You may also be required to pay a flat booking fee, which is our fee for making the booking. Where we charge a booking fee, it is non-refundable in all circumstances.
In the case of non-refundable bookings, you authorise the leisure services provider to charge your credit card or debit card the balance of the cost of the booking made by you on completion of the booking. For all other bookings, you will be responsible to the leisure services provider on arrival for payment of the balance of the cost of the booking made by you. You will also be responsible for any other payments for any additional services subsequently agreed with the leisure services provider and, where applicable, payment of the leisure services provider's service charges and taxes, pursuant to the terms and conditions of trade applied by such leisure services provider.
- You must use a credit card or debit card to guarantee a booking. By making a booking with your credit card or debit card, you agree to accept the relevant cancellation and no-show policy of the leisure services provider as set out in its terms and conditions. In the event that you cancel your booking outside the permitted timeframe specified in the travel service provider’s terms and conditions (or you fail to arrive by your agreed check-in time), you authorise the leisure services provider to charge to your credit card or debit card without further reference to you an amount not exceeding the charge for one night's stay (in the case of POOLS/SAUNAS/SPAS) or such other amount as may be set out in the travel service provider's terms and conditions.
- Your non-arrival by the agreed check-in time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the leisure services provider directly (but no refund of all or any part of the deposit will be made). In making a booking, it shall be your responsibility to disclose to the leisure services provider any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.
- When a booking is confirmed we will issue the booking confirmation on behalf of the leisure services provider for each booking, but will not provide information about any charges for additional services. We will endeavour to ensure that the booking confirmation includes details of all taxes charged by the leisure services provider, in relation to which please see clause 9.9 below. We strongly recommend you check and confirm with the leisure services provider the precise terms and conditions upon which the leisure services provider makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.
- You may cancel your booking in accordance with the cancellation policy of the provider as disclosed on the booking confirmation and detailed property description page; this is normally at least 24 hours before your agreed check-in date. Please note that in the event that you cancel a non-refundable booking you will not be refunded by the leisure services provider for the cost of your booking. Please cancel by contacting the leisure services provider directly using the contact details provided in your booking confirmation. Please ensure to provide your booking reference number with your cancellation request.
- If you have not availed of our payment protection service and you cancel your booking then, regardless of how much notice you give, deposits and booking fees will be non-refundable. You should note that, even though your deposit and booking fee will be non-refundable in any event, you must give the amount of notice stipulated by the leisure services provider in its cancellation policy, in order to avoid being charged an additional payment for a "no show" (see clause 2.2 above).
- The deposit and the booking fee that you pay will be payable in the currency that you select as your "settlement currency" when making your booking. Where the POOLS/SAUNAS/SPAS price was uploaded by the leisure services provider in a different currency, the deposit amount that you will be charged in your settlement currency will be calculated by converting the deposit price into your settlement currency using Poolticket’s standard exchange rates.
3. Liability and Disclaimers
- In the event of a problem arising with your POOLS/SAUNAS/SPAS or other leisure services, you should contact the leisure services provider. If you have a problem with the booking that you have made via the Poolticket Sites please contact us directly via INFO@Poolticket.com.
- We are acting solely as agent on behalf of the travel service provider and, as such, we are not a party to the contract between you and the leisure services provider for the provision of leisure services (including POOLS/SAUNAS/SPAS) and we have no responsibility or liability to you in respect of the terms of that contract. For example, we are not responsible for:
- the accuracy or completeness of the descriptions of POOLS/SAUNAS/SPAS and other leisure services (including rates, availability and ratings) that are displayed on the Poolticket Sites, or the quality or fitness for purpose of the POOLS/SAUNAS/SPAS and other leisure services that are or may be booked through the Poolticket Sites;
- the fulfillment of a booking made through the Poolticket Sites, including any acts or omissions of leisure services providers, any cancellation of a booking by a leisure services provider for any reason whatsoever or any failure to provide all or any part of the booked service by that provider; or
- any error or failure in the making or recording of a booking which is due to any circumstances that are outside our control (such as a power failure).
- Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the Poolticket Sites, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.
- Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the leisure services provider's terms and conditions and that they are acceptable to you.
- We have not visited all the POOLS/SAUNAS/SPAS listed on the Poolticket Sites and we do not carry out routine checks of the POOLS/SAUNAS/SPAS. The listing of any leisure services (including POOLS/SAUNAS/SPAS) on the Poolticket Sites is not and should not be taken as a specific recommendation from us or a representation that the leisure services will be suitable for your purpose or that the leisure services will be of any particular quality.
- Save as otherwise set out in these Terms, and to the greatest extent permitted by applicable law, all representations, warranties and conditions, including those implied by statute or otherwise, are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, facilities, information and/or materials on the Poolticket Sites, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose. The Poolticket Sites are provided strictly on an "as is" basis and, in particular, we do not warrant that the information published on the Poolticket Sites will be error-free or that the Poolticket Sites will be virus or bug-free.
- Nothing in these Terms shall operate to exclude or limit liability arising out of: (i) fraud or fraudulent misrepresentation, or (ii) death or personal injury.
4. Restricted Nationals
- You hereby confirm and represent to us that (a) you are not a national of Cuba (a "Restricted National") and acknowledge that use of the Poolticket Sites by or on behalf of a Restricted National is prohibited; (b) that if you are a national of Iran, Syria, Sudan, or North Korea (“Other Restricted Territory”) that your credit card is not issued through an Other Restricted Territory nor is your booking made while you are present in an Other Restricted Territory; and (c) that you will not use the Poolticket Sites for any purpose that is unlawful or prohibited by these Terms.
5. Credit and Debit Card Security
- We make reasonable efforts to ensure that all credit card and debit card transactions carried out via the Poolticket Sites are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on the Poolticket Sites at any time during or after you make your booking, conduct your transaction or disclose your card details on the Poolticket Sites, Poolticket shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.
6. Intellectual Property Rights and Web-links
- The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos ("Materials") contained in the Poolticket Sites are protected by copyright, trade marks, database rights, and any other intellectual property rights. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. We grant you a limited, revocable, non-transferable, non-sublicenseable, license to use the Poolticket Sites for your personal non-commercial purposes to access the Poolticket Sites and make bookings in accordance with these Terms (the “Limited Licence”). Save in respect of exercising your Limited Licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Other than the Limited Licence, nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any licence or right in or to the Materials.
- The Poolticket Sites may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on the Poolticket Sites to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
- The Poolticket Sites are made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on the Poolticket Sites for any commercial or competitive purpose.
7. User Generated Content
- Certain parts of the Poolticket Sites may allow you or third parties to post content, reviews, messages, photos, materials or other items (these being “User Generated Content Features”). You are solely responsible for your use of such User Generated Content Features and use them at your own risk. By using any User Generated Content Features, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Poolticket Sites any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that may infringe a third party’s privacy or data protection rights;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Poolticket Sites, or which may expose us or our users to any harm or liability of any type.
- We accept no responsibility and are not liable for any Content of any kind that is posted, stored or uploaded by you or any third party on the Poolticket Sites, or for any loss or damage caused as a result thereof. As a provider of interactive services, we are not liable for any statements, representations or Content provided by users of the User Generated Content Features or other public forum. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through the User Generated Content Features, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Poolticket Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Poolticket Sites at your sole cost and expense.
- Any use of the User Generated Content Features or other portions of the Poolticket Sites otherwise than in accordance with these Terms may result in, among other things, termination or suspension of your access to the User Generated Content Features and/or the Poolticket Sites. In order to comply with an order of a court of competent jurisdiction or to protect our systems or users of the Poolticket Sites, we may process and disclose any information held by us in relation to a user of the Poolticket Sites who posts or uploads inappropriate or objectionable Content including, without limitation, their name, email address, IP address, usage history, and posted Content.
- By posting or distributing Content to or through the Poolticket Sites, unless we indicate otherwise, you:
- grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever;
- represent and warrant that the Content that you post or otherwise distribute (i) complies with these Terms; (ii) is accurate and not misleading; and (iii) shall not expose us to any civil or criminal liability or otherwise materially adversely affect our business or reputation.
- You may be asked to review the leisure services that you have received. We appreciate all feedback, but please note that the leisure services provider in question will have access to your review so that they can act on your feedback and make any necessary improvements. The leisure services providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.
- These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail
- Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.
- The Terms constitute the entire agreement between you and Poolticket in relation to the subject matter of these Terms and supersedes any previous agreements or representations between the parties relating to the subject matter of this Agreement.
- We reserve the right to change these Terms as well as the contents of the Poolticket Sites for any reason and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate booking or purchase using the Poolticket Sites. You should check these Terms for any changes each time you access the Poolticket Sites.
- These Terms and your use of the Poolticket Sites are governed by the laws of Brazil. You hereby consent to the exclusive jurisdiction of the Brazil courts in all disputes arising out of or relating to the use of the Poolticket Sites each time you access the Poolticket Sites. Use of the Poolticket Sites is not authorised in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this clause.
- Our performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Poolticket Sites or information provided to or gathered by us with respect to such use.
- If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
- Although we cannot monitor the conduct of our users offsite, it shall be a breach of these Terms to use any information obtained from the Poolticket Sites in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
- While our terms require that leisure services providers display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the leisure services provider rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by leisure services provider to levy additional value added or other taxes on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the leisure services provider.
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 and are of sound mind,
(ii) you possess the legal authority to create a binding legal obligation,
(iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
(v) i all information supplied by you on this Website is true, accurate, current and complete, and
use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- 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;
- 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;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- 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;
- 'frame', 'mirror' or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- The content and information on this 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 or our suppliers and 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. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse, or suspicious activity, we may cancel any bookings associated with your name, email address, or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserves the right to take any necessary legal action and you may be liable for monetary losses to, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us Customer Service.