Marasca | Privacy Policy<\/a><\/p>\n\n\n\nIntellectual Property<\/h4>\n\n\n\n
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or of our other proprietary rights and\/or of other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or of our other proprietary rights and\/or of other parties is granted to or conferred upon you.
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You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to our Sites and all information contained therein. You acknowledge and agree that our Sites and all information contained therein constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of Thailand and all other applicable nations and jurisdictions and that you acquire no ownership interest by accessing or using our Sites or any information contained therein. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are our property or property of our licensors and content providers.<\/p>\n\n\n\n
Passwords<\/h4>\n\n\n\n
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (\u201cAccess Codes<\/strong>\u201d). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason of improper use of access codes or other reasons including, for example, if you violate any part of these Terms.<\/p>\n\n\n\nHyperlinks<\/h4>\n\n\n\n
Our Sites may include hyperlinks to other websites which are not maintained by us. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply our endorsement of those websites or any products or services referred to therein. The terms of use and privacy policies applicable to external websites may be different from those applicable to our Sites. If you decide to access any external website through a link within our Sites, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any external website. Since we do not endorse and are not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on our Sites are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.<\/p>\n\n\n\n
If you link to our Sites, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to our Sites may be used in a manner that implies or suggests that we approve or endorse you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to our Sites. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on our Sites. Upon our request, you agree to immediately remove all hyperlinks to our Sites. Thereafter, your posting of any future hyperlinks to our Sites will require our express prior written permission.<\/p>\n\n\n\n
Confidentiality<\/h4>\n\n\n\n
With respect to all communications you make to us regarding our Sites or the information contained therein, including but not limited to feedback, questions, comments, suggestions, submissions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
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Inaccuracies and Errors<\/h4>\n\n\n\n
Our Sites and the information contained therein may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and\/or improvements to our Sites and the information contained therein, and to the products, services and programs described in such information, at any time without notice, including after confirmation of a transaction.<\/p>\n\n\n\n
Miscommunications \/ Lost Transactions<\/h4>\n\n\n\n
We and any other providers of products or services related to our Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, we nor any other providers of products or services related to our Sites are not responsible for incorrect or inaccurate entry of information, whether caused by user(s) or by any of equipment or programming associated with our Sites, or by any technical or human error that may occur in the processing of any information related to our Sites. We and\/or any other providers of products or services related to our Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain, or resulted from, a mistake, typo, mis-entry or other error regardless of source, failure, misdirection, mis-entry, misunderstanding or other circumstance of any kind whatsoever.<\/p>\n\n\n\n
You agree that neither we nor any other providers of products or services related to our Sites are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on our Sites which are not processed or accepted for any reason.<\/p>\n\n\n\n
Travel Destinations<\/h4>\n\n\n\n
Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by any relevant government agencies of the relevant jurisdictions, including but not limited to, the United States, your point of origin and your point of destination, prior to booking travel to international or domestic destinations. Information on conditions in various countries, territories and regions and the level of risk associated with travel to particular destinations can be found (for general example only) at <\/p>\n\n\n\n
www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov\/ofac and www.customs.gov.<\/p>\n\n\n\n
NEITHER WE, NOR ANY PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO OUR SITES REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA OUR SITES IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.<\/p>\n\n\n\n
Promotions<\/h4>\n\n\n\n
We may make information regarding specific programs, offers or promotions, which we are conducting, available on our Sites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on our Sites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on our Sites in connection with each program, offer or promotion.<\/p>\n\n\n\n
Indemnity<\/h4>\n\n\n\n
You agree to defend, hold harmless and indemnify us and our officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expenses (including reasonable attorneys\u2019 fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through our Sites; (b) your access to and use of our Sites and the information contained therein and other any materials, products or services available on or through our Sites; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website linking our Sites or otherwise relevant to our Sites and the information contained therein; and (f) any unauthorized use of a username, password, Access Code or account number. We reserve, and you grant to us, the right, at any time, to assume the exclusive defense and control and all negotiations for settlement of any matter subject to this indemnification and you agree to cooperate with us in the defense of any such matter, at our
request.<\/p>\n\n\n\n
Hotel Reservation Terms<\/h4>\n\n\n\n
In addition to these Terms and the other terms and conditions specified on our Sites regarding
our properties, the following general terms and conditions apply to reservations made on our
Sites:<\/p>\n\n\n\n
- a. Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the booking section of our Sites once you have entered check-in dates and selected a room type.<\/li><\/ul>\n\n\n\n
- b. If you plan to travel with your pet, we strongly recommend that you confirm directly with the property that they do, indeed, accept pets and receive an explanation of their pet stay policies. We accept no responsibility for rejection of a pet stay or for the specific terms and conditions of a pet stay at a particular property.<\/li>
- c. Rates confirmed in a particular currency may be converted to applicable local currency by the property at your time of stay, based on the exchange rate used by the property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.<\/li>
- d. Reservations made by one or more individuals or by an agency on our Sites, on behalf of one or more proposed guests, and involving more than ten (10) rooms at the same property for the same period of stay, must be directly through the property.<\/li>
- e. Requests for specific features such as bed or bedding type or non-smoking rooms are simply that, and while properties will strive to honor your requests, neither we nor the property can absolutely guarantee that your request can be met.<\/li><\/ul>\n\n\n\n
WITH RESPECT TO ANY HOTEL RESIDENCES, THESE MATERIALS DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY NATION, PROVINCE, STATE OR OTHER TERRITORY, LOCALITY OR JURISDICTION IN WHICH WE OR THE APPLICABLE DEVELOPER OF A PROJECT HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.<\/p>\n\n\n\n
Security Measures<\/h4>\n\n\n\n
We take such commercially reasonable measures as we deem reasonably appropriate to secure and protect information transmitted to and from our Sites. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of our Sites. You agree to notify us immediately if you discover loss or access to such information by another party not under your control and supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username, Access Code or password.<\/p>\n\n\n\n
Mobile Services<\/h4>\n\n\n\n
Our Sites and our products and services may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts<\/strong>), and (b) the ability to access our Sites from your mobile phone (Mobile Web<\/strong>) (collectively, the \u201cMobile Services<\/strong>\u201d). We do not charge for Mobile Services. Your carrier\u2019s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you affirmatively agree that we may communicate with you regarding our Sites and our business partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.<\/p>\n\n\n\nYou agree that in connection with the Mobile Services for which you are registered we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on our Sites to reflect this change.<\/p>\n\n\n\n
By registering via our Sites, or by sending to us or to our affiliates emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically and in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed (\u201cDigital Means<\/strong>\u201d). We will communicate with you by the aforementioned Digital Means, or by posting
notices on our Sites. You agree that all agreements, notices, disclosures, and othe communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your carrier\u2019s normal messaging, data, and other rates and fees will still apply.<\/p>\n\n\n\nCross-border Data Transfers<\/h4>\n\n\n\n
For those users of our Sites who are located outside of Thailand, you acknowledge and expressly consent to our use of your personal information, which at times will be accessible by individuals who are located worldwide including in countries that the United States, the European Commission or other geopolitical regions has determined not to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your personal information, you are
consenting to our use of your personal information in accordance with these Terms and the terms of our third-party service providers, including the transfer of your information across international boundaries, including areas outside of the United States, the European Economic Area, or other geopolitical regions to jurisdictions anywhere in the world as permitted by local law. <\/p>\n\n\n\n
Liability Limitation<\/h4>\n\n\n\n
In accessing and using our Sites, you agree that in no event will we nor any of our affiliates, property owners, contractors, suppliers, content-providers, providers of products or services related to our Sites and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the \u201cOur Parties\u201d), shall be liable to you, your company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, our Sites or the information contained therein; (b) our alleged performance of or failure to perform our obligations in connection with these Terms; (c) any alleged defamatory, offensive, or illegal conduct of other users of our Sites or of third parties; or (d) your purchase or use of any goods or services provided by third parties.<\/p>\n\n\n\n
Further, you agree that under no circumstances will Our Parties be liable to you, your company, or any third party for any direct, indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, alleged lost business, income, profits or data, loss of goodwill or reputation, loss of or damage to property, loss of use, business interruption, loss of contracts, loss of anticipated savings, wasted management or office time, claims of third parties, and\/or for any other loss or damage of any kind whatsoever or however arising and whether caused by tort (including negligence), breach of contract or otherwise, arising out of or in connection with these Terms or the use of (or inability to use) our Sites or the information contained therein, or any weblinks from or to our Sites, or the transmission of information to or from our Sites over the Internet, even if Our Parties were allegedly advised, knew, or should have known of the possibility of such damages or costs.<\/p>\n\n\n\n
Without limiting any of the foregoing, if Our Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, our Sites or the information contained therein, or your use of our Sites, the maximum liability for all such claims and other matters will not exceed reimbursement of the amounts actually paid by you to us for the applicable products or services.<\/p>\n\n\n\n
Lastly, in accessing and using our Sites, you hereby waive any and all rights to bring any claim or action relating to access or use of our Sites of the information contained therein beyond one (1) year after the first occurrence of the applicable act of access, use, event, condition or omission upon which such claim or action is alleged.<\/p>\n\n\n\n
You agree that you will not file a class action against Our Parties or participate in a class action against Our Parties and you agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Our Parties.<\/p>\n\n\n\n
You agree that neither we nor any of Our Parties are responsible or liable in any way for injury, loss or damage to your computer or other device or for interception or use of credit card information or other personally identifiable information, related to or resulting from access or use of our Sites or any other sites linked to or associated with our Sites.<\/p>\n\n\n\n
We make no warranty or representation regarding the confidentiality of any communication or information transmitted on our Sites or any other sites linked to our Sites, and you agree that neither us, nor any of Our Parties, are responsible or liable for the confidentiality of any information or any circumstances that may arise from disclosure of same.<\/p>\n\n\n\n
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Our Parties will be limited in accordance with these Terms to the maximum extent permitted by applicable law.<\/p>\n\n\n\n
Disclaimers<\/h4>\n\n\n\n
To the maximum extent permitted by law, access to and use of our Sites and the information contained therein are provided \u201cas is\u201d at your sole risk and available without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement and all such concepts of warranties are expressly disclaimed and excluded.<\/p>\n\n\n\n
We make no warranties or guarantees or assurances that our Sites and\/or the information contained therein will be available, adequate, accurate, uninterrupted, complete or error free or that use of our Sites or any third party sites will allow you to obtain any particular results whatsoever or that the content or any information on, or products or services provided through, our Sites or any third party sites will be accurate, current, complete, reliable or of any particular value or quality or that any defects in our Sites or errors in information contained therein will be corrected by any particular date or that our Sites or the information contained therein shall be continuously free of any viruses or harmful components of any kind. We are neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring that you have appropriate virus scanning and protective mechanisms for the security of your
devices, software programs and information. By accessing and using our Sites and\/or the information contained therein, you are assuming all risk of loss that may arise or be associated with that access and use.<\/p>\n\n\n\n
Third-Party Sites<\/h4>\n\n\n\n
Any use of any maps functionality or other added components on our Sites or of hyperlinks on our Sites to third party sites shall be governed by the relevant terms of use and privacy policy for such applicable maps application, other added components, or outside sites of third parties, all as applicable. We shall have no liability whatsoever for your access or use of such third-party applications, components or sites for any results, usage, contents, availability or other transactions, defects, errors, completeness, accuracy or adequacy of any kind whatsoever.<\/p>\n\n\n\n
If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms and our Privacy Policy will no longer apply. We are not responsible for the terms of use or privacy policies of those third-party websites or for cookies, pixel tags and other similar technologies that they may use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that we are not responsible for the
availability of such third-party sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.<\/p>\n\n\n\n
Governing Law<\/h4>\n\n\n\n
These Terms shall be governed by and construed and enforced in accordance with the laws of the Kingdom of Thailand, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute which are not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the courts of Thailand.<\/p>\n\n\n\n
Arbitration<\/h4>\n\n\n\n
Except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks or service marks or other intellectual property (which disputes may be brought in any applicable court or tribunal throughout the world), any and all other unresolvable controversies, disputes or claims arising out of or related to our Sites or in the information contained therein or these Terms will be submitted and resolved by exclusive binding arbitration in Bangkok, Thailand in accordance with the arbitration rules of the Thai Arbitration Institute (\u201cTAI<\/strong>\u201d) for the time being in force, which rules are deemed to be incorporated by reference to this clause. The arbitral tribunal shall consist of a single arbitrator to be appointed in accordance with the TAI rules and the language of arbitration shall be English. The arbitration award shall be final and binding upon the parties. The liability for the arbitration costs and related costs including the costs of enforcement of the arbitration award shall be determined by the arbitrator. However, we shall have the right, at any time, to obtain temporary restraining orders, temporary or preliminary injunctive relief and\/or declaratory relief (other than declarations with respect to the amount of monetary damages) from any court of competent jurisdiction.<\/p>\n\n\n\n
In reaching his or her decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties. Any and all claims and actions arising out of or relating to our Sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred. You agree that you will not file a class action against us or participate in a class action against us and you agree that you will not file or seek a class arbitration, or participate in a class arbitration, against us. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys\u2019 fees and any cost of arbitration and\/or litigation, in addition to any other relief, at law or in equity, to which we may be entitled.<\/p>\n\n\n\n
Miscellaneous<\/h4>\n\n\n\n
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our stored copy of these Terms in connection with any action or proceeding arising out of, or relating to, these Terms.<\/p>\n\n\n\n
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any termination of access to our Sites.<\/p>\n\n\n\n
These Terms do not confer any rights, remedies, or benefits upon any person other than yourself.<\/p>\n\n\n\n
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.<\/p>\n\n\n\n
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.<\/p>\n\n\n\n
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.<\/p>\n\n\n\n
Possible evidence of use of our Sites for illegal purposes will be provided to law enforcement authorities.<\/p>\n\n\n\n
Discontinuation of access to and use of our Sites is your sole right and remedy for any dissatisfaction with our Sites or any information<\/p>\n","protected":false},"excerpt":{"rendered":"
PLEASE READ THESE TERMS AND CONDITIONS (collectively, t […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-policy.php","meta":{"inline_featured_image":false,"footnotes":""},"acf":[],"yoast_head":"\n
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