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Terms & Conditions

BUK Protocol – Terms & Conditions

Hello and welcome! We are glad that you are taking the time to read these terms of service (the “Terms”).

These Terms are important as they, together with your booking confirmation email (the “Booking Confirmation”), set out the legal terms on which Travel Services are made available to you through our Service. They also cover any interactions or communications you have with us through our Service.

Your use of our Service is conditioned upon your acceptance of these Terms. To book a Travel Service, you must also accept these Terms. If you do not accept these Terms, then please do not use our Service or book a Travel Service.

We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms. We recommend that you save or print a copy of these Terms.

Section 14 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against BUK Technology in the United States. Please read them carefully.

In these Terms:

“we”, “us” or “our” refer to BUK Technology, a Delaware corporation, having its registered office at 8, The Green Suite R Dover, DE 19901, USA, which provides our Service

“our Group of Companies” refers to us, and our subsidiaries and corporate affiliates

“our Partners”refers to any affiliated, co-branded or linked website through which Buk Technology provides content or service. Buk Technologies partners with multiple brands who use Buk Protocol products to enable booking / Re-selling of hotel rooms through the blockchain on their dApp (Decentralized application).Such partners are responsible for allowing users to perform transactions that involve payments to Buk Technologies, Hotels and re-sellers as well.

“our Service” refers to the provision of our websites, apps and online tools

“Travel Services” refers to the travel services made available to you by the relevant Travel Provider(s) through our Service, such as stays at a property, ability to resell hotel bookings in marketplace or things to do, etc.

“Buk Services” includes travel services made available to you such as stays at a property, ability to resell hotel bookings in marketplace or things to do, events tickets, resell of event tickets etc

“Travel Provider” hotels, home, accommodation, or other place of lodging” refers to the travel supplier making available the Travel Services to you through our Service

“you” refers to you, the traveler, using our Service or making a booking with our Service.

“Marketplace”

“Additional Services” refers to a service related to your Booking provided by a Travel Provider, including (without limitation) upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar, dry cleaning and laundry, passenger information change, rebooking, or cancellation. The fees associated with the provision of Additional Services are set by the Travel Provider and/or other third party and are not included in the Total Price, except where the requested Additional Services are added by you to your Booking with us during the Booking process, which may incur an additional handling fee charged by us that will be displayed to you at the time of your Booking. Where any Additional Services are sought by you following your completed purchase of a Booking, you acknowledge that these arrangements are your sole responsibility and that you will be required to directly contact the Travel Provider or any other third party as required to fulfil your request for the Additional Services;

Please read these Terms carefully.

Section 1 Rules and Restrictions

As well as these Terms, other terms and conditions provided by Travel Providers (such as a hotel property’s conditions of cancellation, or a property’s terms and conditions, or food and beverage provider’s terms, etc.) also apply to your booking (“Rules and Restrictions”).

To make a booking, you must accept the Rules and Restrictions of the Travel Provider that you select (such as payment of due amounts, refundability, penalties, availability restrictions and use of fares or services, etc.). The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into these Terms.

If you violate a Travel Provider’s Rules and Restrictions, your booking may be cancelled and you may be denied access to the relevant Travel Service. You may also lose any money paid for such booking and we or the Travel Provider may debit your account for any costs we or they incur as a result of such violation.

Section 2 Using our Service

Our rules

We, along with our partners provide our service to help you find information about Travel booking Services and to assist you in booking those Travel Services. It is provided to you for no other purpose.

You agree that:

  • you will only use our (Buk Tech & its partners) Service for personal and non-commercial purposes
  • you must be at least 18 years of age and have the legal authority to enter into contracts
  • you will use our Service lawfully and in compliance with these Terms
  • all information supplied by you is true, accurate, current and complete
  • if you have an account with us, you will:
  • safeguard your account information
  • be responsible for any use of your account by you or others
  • if you book on behalf of others:
    • you will obtain their authorization prior to acting on their behalf
    • you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms
    • you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.
  • You also agree not to:
    • make any false or fraudulent booking
    • access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process
    • violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service
    • take any action that imposes, or may impose, an unreasonable or large load on our infrastructure
    • deep link to any part of our Service
    • “frame”, “mirror” or otherwise incorporate any part of our Service into any other website.

Access

We may deny anyone access to our Service at any time for any valid reason. We may also make improvements and changes to our Service at any time.

How we order your search results

There are many booking options available through our Service and we want to make your search results as relevant as possible. At the search results page you can select how to sort your results and use filter options to prioritize results based on your chosen preferences, for example price, guest review score, or other criteria. If you decide not to use these features, then you will see our default sort order which is pre-defined by us or our partners.

Within your search results we also sometimes display travel options that may be paid-for commercial listings from our Travel Providers. Such travel options are clearly labelled for your information as “Ad” or similar equivalent labeling, to differentiate them from other travel options.

Redirection and third-party booking services

If you are redirected from our Service to a third-party booking service to make a travel booking, please bear in mind that any bookings made through such a booking service will be with the third-party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking. The terms and conditions of the third-party will apply for such bookings.

Section 3 Confirming a booking

Your Booking Confirmation includes the essential elements of your booking, such as the description of the Travel Service(s) booked and the price. We will send your Booking Confirmation and any relevant travel documents to the email address you provide when you book. If you do not receive your Booking Confirmation within 24 hours of making your booking, please contact us

Section 4 Payment

Price

The price of the Travel Service(s) will be as displayed on our Service, except in cases of obvious error.

Prices for Travel Services are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error. We display many Travel Services, and we try hard to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on our Service.

If there is an obvious error and you have made a booking, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. We have no obligation to make available Travel Services to you at an incorrect (lower) price even after you have been sent a Booking Confirmation, if the error should reasonably have been apparent to you.

Taxes

The prices displayed through our Service may include taxes or tax recovery charges. Such taxes or tax recovery charges may include amounts associated with value-added tax, goods and services tax, sales tax, occupancy tax and other taxes of a similar nature.

You acknowledge that except as provided below with respect to tax obligations on the amounts received from you, including facilitation fees and service fees where applicable in accordance with Section 6 (Stays) below, Buk Technology does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on Pay Now bookings are a recovery of the estimated taxes that we pay to the Travel Provider for taxes due on the services provided by the Travel Provider (such as for the rental rate for the room). The Travel Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by jurisdiction. The actual amounts paid by Buk Technology to the Travel Providers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the services provided by the Travel Provider.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that our Group of Companies charge for services they provide (service fee and/or facilitation fee) in certain jurisdictions. The actual amount imposed on services provided by us may vary depending on the rates in effect at the time the services are provided by the Travel Provider. In certain jurisdictions, we are responsible for collecting and remitting sales, use and/or local hotel occupancy taxes for the entire price, including the amounts we charge for our services as well as the Travel Services provided by the Travel Provider.

In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities (such as city taxes or tourist taxes, etc.). We or the Travel Provider may charge you such local taxes. BUK Technology will notify you of any local taxes that will be payable by you before you complete your booking, where such taxes have been notified to Buk Technology by the Travel Provider.

The amount of local taxes can change between the booking date and stay date. If taxes have changed by your stay date, you may be liable to pay taxes at the higher rate.

Payment processing

We accept payments in USDC stable coins. All the payments are processed in USDC via a web 3 wallet (such as Metamask). It is clearly specified in the booking summary page that “rates are quoted in USDC”. In a case where users are using a token other than USDC on our partner dApps, the user’s wallet will be debited in either user’s chosen token or the default token decided by the dApps. In this scenario, the default token is bridged to USDC (stable coin) and users wallet will be debited in native token.

More information when native token is different from USDC:

  • What happens when you list for sale

You can set the selling price of your room(s) in USDC or use toggle to set in the native token of dApp. When your room(s) is sold successfully in the marketplace, we will credit the amount in your wallet in USDC

  • What happens when you resell

When you resell your room(s) in the marketplace, the buyer pays using native token which is bridged to the USDC token to complete the buying. You (seller) will receive the total amount in your wallet in a USDC token only.

  • What happens if native tokens value drops (of partner dApp) or increases between you pressing book and actual bridging + booking

The native token value is fetched from RocketX when you enter traveler details and the value fetched at that instant is considered for booking hotel rooms and bridged to USDC to complete the booking. In-order to complete booking we try and eliminate the price fluctuations that may happen between user starting the payment and completing the booking transaction

  • What happens if native token value (of partner dApp) drops or increases between your booking and listing.

The token value keeps on varying every second and hence there might be a minor or significant difference in native token value between booking a hotel room and trying to resell in the marketplace. When you are trying to resell we fetch the value of native token value when you land on our dApp and that value is considered while listing which may be different at the time of booking

  • What happens if native token value drops or increases between listing and other people buying

The token value keeps on varying every second and hence there might be a minor or significant difference in native token value between the seller listing the room and other users buying the room. The token value is considered when users land on dApp to book the hotel room and it may be different at the time of listing in the marketplace

A Booking purchased with USDC will only be ticketed once the transaction has received one (1) confirmation on the relevant blockchain. Bookings purchased with USDC are generally subject to gas or miner fees, which are received by miners (or nodes) that confirm your transaction on the blockchain, not user facing dApps . The gas fee applicable to your booking will depend on network conditions and the gas fee selected by you at the time of the transaction.

Any personal information that you submit to us in relation to the purchase of your Booking will be protected by our secure SSL payment gateway server, which uses 256-bit security technology to protect your online order information. This technology encrypts all information and all personal information passed from you through our Website.

For certain Travel Services, such as a Package (as defined in Section 6 (Packages), payment may be charged by more than one party (as will be shown on your payment method statement), however the total amount charged will not exceed the total price of all the Travel Services.

Notwithstanding the governing law and jurisdiction paragraph in Section 15 (General) of these Terms, the law governing that payment transaction will be the laws of the United States of America.

Stored wallet information

Our Privacy Statement provides information on how we use your payment and account information when you elect for us to store a wallet for future use.

Payment verification

You authorize the relevant company (as set out in the table above) or the Travel Provider to:

  • verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and
  • on verification, charge your payment method.

Fraud

If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.

If we reasonably conclude that a booking or account is associated with fraud or suspicious activity, we may:

  • cancel any bookings associated with your name, email address or account
  • close any associated accounts, and
  • take legal action, including to seek to hold you liable for any loss.

Please contact us about the cancellation of a booking or closing of an account.

Section 5 Canceling or changing a booking

Cancellation or change by you

Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be made by contacting us.

You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking).

Travel Providers may charge you fees for canceling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made.

Please read the relevant Rules and Restrictions, so you know which terms apply to your booking. For example:

  • if you book a stay at a property and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Rules and Restrictions
  • some properties do not permit cancellations of, or changes to, bookings after they are made
  • if you make a Pay Later booking and you do not show up or cancel the booking, the property may impose a no-show or cancellation charge as shown in the relevant Rules and Restrictions and you will be charged the property’s no-show or cancellation charge in the property’s local currency
  • if you do not show up or fail to use some or all of the Travel Services booked, refunds may only be due to you in line with the relevant Rules and Restrictions, and
  • where a cancellation affects more than one person on a booking (for example, two airline tickets booked on a single itinerary, etc.), any applicable cancellation charge will be applied in respect of each person on the canceled booking.

If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Travel Provider, then, in addition to any charges imposed by the Travel Provider, we may also charge you an administration fee. Such an administration fee will be notified to you as a part of the booking or cancellation information.

Other cancellation or change

We (and the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.

If your Booking is canceled or changed by the Service Provider or a related third party, we will endeavor to notify you of the corresponding cancellation or change as soon as possible. Please note that we are not liable for the consequences of any cancellations or changes made by these third parties.

The applicable cancellation policy of the Product is displayed prior to your completion of the booking. Please ensure that you read the cancellation policy applicable to your booking carefully. The policy is also displayed in the booking information displayed after the booking is completed.

For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be canceled or changed by the Travel Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance or a refund where possible.

Refund

All refunds will be transferred back in USDC to the same web3 wallet with which the booking was made. We endeavor to perform instant on-chain refunds, however, delays or errors if any on account of blockchain behavior are out of control. If there is an error or delay in the refund due to such reasons, you may contact us for rectification. We will resolve the error offline within five (5) days after we have received the applicable refund sum from the respective Service Provider.

Any refunds will be transferred back to you in the web3 wallet you used to make the original booking. Our fees are not refundable unless this is stated otherwise during the booking process.

When your Booking(s) were made due to cryptocurrency price/value volatility and regulatory requirements, we are only able to refund cryptocurrency payments in part or in full. Please refer to the following FAQ. For further information on the modes in which refunds would be made where applicable

Section 6 Travel Service specific terms

This Section provides details of the terms relevant to the specific Travel Services provided by the Travel Provider. These details are not exhaustive and do not replace the relevant Rules and Restrictions, which are provided to you before you make a booking.

Each Travel Service may be offered separately or as part of a Package (as defined in Section 6 (Packages) and is subject to the relevant Rules and Restrictions of the Travel Provider. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions prevail.

Stays

Our Service may provide you with the option to Pay Now or Pay Later. Room rates (including any applicable taxes and fees) are displayed to you through our Service under the Pay Now and Pay Later payment options. Please note that taxes and fees may vary depending on which payment option you choose. Tax rates and foreign exchange rates may change in the time between booking and your stay.

Pay Now

When you select the Pay Now payment option, We typically will charge the booking amount to your payment method on booking.

We facilitate bookings made available through our Service. You acknowledge that we facilitate such bookings for a consideration (the “facilitation fee”). The room rate displayed through our Service is a combination of the amount charged by the Travel Provider (for their services for the rental of the room) and the facilitation fee (charged and retained by us). We may also charge and retain additional separate service fees in servicing your booking, which may vary based on the amount and type of booking.

You agree that your payment method will be charged by us for the total booking amount, which includes the room rate displayed through our Service, plus tax recovery charges and service fees or, where applicable, taxes on the room rate and/or services provided by us. On making your booking request you authorize us to facilitate the booking on your behalf, including making payment arrangements with Travel Providers.

First night no-show

If you do not show for the first night of your stay booking, but plan to check in for the subsequent nights, please confirm this with us before the original check-in date. If you do not confirm this, then your whole booking may be canceled. Refunds for no-show will only be due to you in line with the relevant Rules and Restrictions of the property.

Ratings

Ratings shown through our Service indicate what you might expect from properties displaying that rating level, including (where applicable) through local and national star rating organizations. These may differ from standards in your own country. Site displayed ratings do not represent or promise any particular feature or amenity. Additional information is available in the “Overview” or “Amenities” section of the property details page. These guidelines are subject to change, and our Group of Companies and our Partners cannot guarantee the accuracy of any specific rating displayed from time to time through our Service.

Meals

If meals are part of your stay booking, the number of meals included depends on the number of nights of your stay. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner. No refunds will be available if one or more meals are not consumed.

Section 7 International travel

International travel

Although most travel occurs without incident, travel to certain destinations may involve more risk than others. You must review any travel warnings/advice, etc. issued by the relevant governments before you book international travel. You should also monitor such travel warnings/advice during travel and before your return journey to help avoid and minimize any potential disruptions.

Health

Recommended inoculations/vaccinations may change at any time. You should consult your doctor on current recommendations before you depart. You are responsible for ensuring you:

  • meet all health entry requirements
  • receive the recommended inoculations/vaccinations
  • take all recommended medication, and
  • follow all medical advice in relation to your travel.

Passport and visa

You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications.

Buk Technology (and our partners) is not liable if you are refused entry onto a flight or into any country, due to your conduct, including your failure to carry the correct and adequate travel documents required by any Travel Provider, authority or country (including countries you are transiting through). This includes all stops made by an aircraft, even if you do not leave the aircraft or airport.

Several governments are introducing new requirements for airlines to provide personal information about all travelers on their aircraft. The data will be collected either at the airport when you check in or in some circumstances when you make your booking. Please contact the relevant airline you are traveling with if you have any questions about this.

Buk Technology (and our partners) does not represent or warrant that travel to international destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

Section 8 Liability

Our liability

We & our partners operate our Service, and the Travel Providers provide the Travel Services to you.

To the maximum extent permitted by law, our Group of Companies and our Partners will not be liable for:

  • any such Travel Services that the Travel Providers make available to you
  • for the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers, or
  • for any personal injuries, death, property damage or other damages or expenses resulting from the above.

The Travel Providers provide us with information describing the Travel Services. This information includes Travel Service details, photos, rates and the relevant Rules and Restrictions, etc. We display this information through our Service. The Travel Providers are responsible for ensuring that such information is accurate, complete and up to date. We and our Partners will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies (and this also includes property ratings which are intended as guidance only and may not be an official rating). Buk Technology and our Partners make no guarantees about the availability of specific Travel Services.

Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodation only.

To the maximum extent permitted by law, except as expressly set out in these Terms:

  • all information, software, or Travel Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and
  • we and our Partners disclaim all such warranties and conditions.

The display of Travel Services through our Service is not an endorsement or recommendation of such Travel Services by Buk Technology and our Partners. Buk Technology disclaim, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.

To the maximum extent permitted by law and subject to the limitations in these Terms, neither Buk Technology nor our Partners will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:

  • the Travel Services,
  • the use of our Service,
  • any delay or inability to use our Service, or
  • your use of links from our Service,

whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Buk Technology and our Partners have been advised of the possibility of such damages.

If Buk Technology or our Partners are found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:

  • reasonably foreseeable by both you and us (or our Partners as applicable),
  • actually suffered or incurred by you, and
  • directly attributable to our actions (or the actions of our Partners as applicable),

and in the event of any liability of Buk Technology and/or our Partners, such liability will in no event exceed, in total, the lower of (a) the cost paid by you for the Travel Services in question or (b) one-hundred dollars (US$100.00) or the equivalent in local currency.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Buk Technology and our Partners.

Every instance of force majeure, including the interruption of means of communication or a strike by airlines, properties or air traffic controllers, will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.

Indemnity

You agree to defend and indemnify Buk Technology and our Partners 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 (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms or the documents referenced in them
  • your violation of any law or the rights of a third-party, or
  • your use of our Service,

to the extent that such Losses are not directly caused by the actions of Buk Technology or our Partners (as applicable).

Section 9 Intellectual property policy and notices

Copyright and trademark notices

All contents of our Service are ©2023 BUK Technology All rights reserved. BUK Technology, Buktrips.com, the BUK Logo, BUK Genesis Pass, and among others, are trademarks or registered trademarks of BUK Technology. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.

If you are aware of an infringement of our brand, please let us know by using ourTelegram channel, We only address messages concerning brand infringement at this Telegram Handle

Intellectual property infringement policy and complaints

We respect the intellectual property rights of others and expect our suppliers, partners, and users (collectively “Users”) to do the same. We have a policy of prohibiting Users from posting materials that infringe the copyright, trademark rights, or other intellectual property rights of others, and under appropriate circumstances we will terminate the account of Users who are repeat infringers. You can contact us to know more about the requirements and instructions for filing copyright and trademark complaints.

 

Section 10 Software available on our Service

Software

Any software made available to download from our Service or a mobile app store (“Software“), is the copyrighted work of our Group of Companies or our respective suppliers. Your use of the Software is governed by the terms of the end user license agreement (if any) which accompanies the Software (“License Agreement“). You must first agree to the License Agreement to install, download or use any Software.

For any Software not accompanied by a License Agreement, we grant you a limited, personal, non-exclusive, non-transferable and non-sub-licensable license to download, install and use the Software for using our Service in line with these Terms and for no other purpose. The Software is provided to you free of any fees or charges.

All Software (such as all HTML code and Active X controls, etc.) contained on our Service, is owned by our Buk Technology, our Partners or our respective suppliers. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is prohibited by law and may result in severe civil and criminal penalties. Anyone who violates this will be prosecuted.

Without limiting the above, 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.

Map terms

Your use of mapping available on our Service is governed by the Google Terms of Use and Microsoft Terms of Use, and by the Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click below for additional information:

Your use of mapping available on our Service is governed by the Google Terms of Use and Microsoft Terms of Use, and by the Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click below for additional information:

https://privacy.microsoft.com/en-us/privacystatement

http://www.microsoft.com/maps/assets/docs/terms.aspx

http://www.google.com/privacy/privacy-policy.html

http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html

https://maps.google.com/help/legalnotices_maps/

http://maps.google.com/help/terms_maps.html

OpenStreetMap geo data used in mapping is © OpenStreetMap contributors and available under the Open Database Licence (ODbL).

OpenStreetMap geo data used in mapping is © OpenStreetMap contributors and available under theOpen Database Licence (ODbL).

Section 11 Agency

The Services that we provide to you are in the capacity of an agent with permission to sell products on behalf of various Service Providers. We have an obligation to you to finalise the Booking on your behalf and arrange contracts between you and Service Providers. Any Products that you purchase in connection with your Booking under these Terms is provided to you by third parties, not Buk Technology and its partners

12.2 Though we endeavor to select reputable third parties to provide your Travel Product(s) to you, the provision of Travel Products is outside of our control and scope of liability. Any arrangement made by us on your behalf is subject to the terms and conditions of the Service Provider in charge of delivering the purchased Travel Product(s) to you. The terms and conditions of your relevant Service Provider can be provided to you on request. If there are issues with the provision of your Travel Product(s), or the Service Provider is unable to provide the contracted services, unless there has been a fault on our part, your legal rights are against the specific Service Provider, not against Buk Technology and its partners

 

Section 12 Representation

13.1 We represent and warrant to you that our Services: (a) will be provided with due care and skill; (b) will be reasonably fit for the specified purpose; (c) can be reasonably expected to achieve the desired result; and (d) will be provided within a reasonable time.

13.2 EXCEPT AS DESCRIBED IN THE PRECEDING ITEM ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES THAT WE SELL AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS).

Section 13 Your privacy and personal information

We are committed to the privacy, confidentiality, and security of personal information entrusted to us.

You can review our current Privacy Policy from link on the navigation bar of the website

It also governs your use of our Service and is incorporated by reference into these Terms, to understand our practices.

Section 14 Disputes and arbitration

Disputes and arbitration

Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.

Agreement to arbitrate (“Arbitration Agreement”)

You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Statement, any services or products provided by us or any of our subsidiaries, Travel Providers, or companies offering products or services through us, any dealings with our Traveler Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Travel Providers, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

Small claims court matters

Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.

No class actions or representative proceedings

You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.

Arbitration rules and governing law

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Washington, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.

Mandatory pre-arbitration dispute resolution and notification

Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.

You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department/Dispute Resolution Provision, Buk Technology., 1111 8, The Green Suite R Dover, DE 19901

The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.

If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.

Commencing arbitration

To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

A party initiating an arbitration against us must send the written Demand for Arbitration to the Legal Department/Dispute Resolution Provision, Buk Technology., 1111 8, The Green Suite R Dover, DE 19901 concurrent with filing the Demand with AAA.

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.

Attorneys’ fees and costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Arbitrator’s decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Severability and survival

If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

Traveler support and the handling of complaints

For answers to your questions or ways to contact us, visit our support page here. Or you can write to us at:

Attn: Traveler Support

Buk Technology

Dover, Delaware 19901, US

Section 15 General

Governing law and jurisdiction

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to principles of conflicts of laws.

Insurance

Unless otherwise stated, prices displayed do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain risks (such as the cost of repatriation in the event of an accident or illness). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information and terms and conditions will be shown on our Service.

Failure to invoke

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

Unenforceable provisions

If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.

Entire agreement

These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service.

Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.

Third-party rights

Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party’s consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

Survival of obligations

Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.

Section 16 Registrations

New York State tax registration

New York sales taxes and New York City occupancy taxes, where applicable, are due on your property stay. For Pay Now stay bookings, Travelscape, LLC’s New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960.

Please click below for additional information:

New York State certificate

New York City certificate