Terms of Service

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH HOLIDAYCUBA ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON HOLIDAYCUBA.

Last Updated: October 27, 2016

 

1.            Key Terms

Holidaycuba provides an online platform that connects hosts who have accommodations to list and book with guests seeking to book such accommodations (collectively, the “Services“), which Services are accessible at www.holidaycuba.net and any other websites through which Holidaycuba makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Holidaycuba, Inc. If you reside outside of the USA and the People’s Republic of China (which for purposes of these Terms of Service does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), these Terms of Service are between you and Holidaycuba Ireland. If you reside in China, these Terms of Service are between you and Holidaycuba Internet (Beijing) Co., Ltd. (“Holidaycuba China”) except where you book Accommodation or when you create a Listing outside of China, in which case these Terms of Service are between you and Holidaycuba Ireland for that transaction. If you initially reside in the USA and contract with Holidaycuba, Inc., but subsequently change your residence to outside of the USA, you will contract with Holidaycuba China if you change your residence to China and with Holidaycuba Ireland otherwise, from the date on which your place of residence changes, and so on and so forth. (Holidaycuba, Inc., Holidaycuba Ireland and Holidaycuba China are each hereinafter referred to as “Holidaycuba“, “we“, “us“, or “our“). Additionally, if your Holidaycuba contracting entity under this Section is Holidaycuba China, you will nevertheless contract with Holidaycuba Ireland for all Bookings confirmed prior to December 7, 2016 at 10:00am UTC. Holidaycuba Payments, Inc., Holidaycuba Payments UK Ltd., Holidaycuba Payments India Pvt. Ltd. and Holidaycuba China (individually and collectively, as appropriate, “Holidaycuba Payments“) handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Holidaycuba Payments are subject to the Payments Terms of Service (“Payments Terms“).

“Accommodation” means residential and other properties.

“Holidaycuba Content” means all Content that Holidaycuba makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

“Booking” means a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host. Please note, as used on the Site, Applications, and Services, “short term rental” and “home sharing” have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Accommodation for the duration of the confirmed booking as defined above.

“Booking Request Period” means the time period starting from the time when a Booking is requested by a Guest (as determined by Holidaycuba in its sole discretion), within which a Host may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

“Collective Content” means Member Content and Holidaycuba Content.

“Communication” means an email, message via the Application, text message or message to a WeChat account.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Guest” means a Member who requests from a Host a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.

“Host” means a Member who creates a Listing via the Site, Application and Services.

“Listing” means an Accommodation that is listed by a Host as available for Booking via the Site, Application, and Services.

“Member” means a person who completes Holidaycuba’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Holidaycuba promotional campaign to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

 

2.            Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Holidaycuba. Please also read carefully our Privacy Policy at www.holidaycuba.net/terms/privacy_policy.

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT HOLIDAYCUBA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS HOLIDAYCUBA A REAL ESTATE BROKER, AGENT OR INSURER. HOLIDAYCUBA HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON HOLIDAYCUBA, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH HOLIDAYCUBA IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF HOLIDAYCUBA FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF HOLIDAYCUBA. HOLIDAYCUBA DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF HOLIDAYCUBA, INCLUDING BY INAPPROPRIATELY USING ANY HOLIDAYCUBA INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE HOST PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

3.            Modification

Holidaycuba reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Holidaycuba Account you will be deemed to have accepted the changes.

3.            Refund Policy

We have established three CANCELLATION policies to protect both the Owner and the Guest.
Holidaycuba allows Owners to choose one of these three standard options.
The arrival time is local.

Cancellation terms
Flexible	If the Tourist cancels 24 hours before arrival, he gets back the total costs of the stay, while getting back 50%, if he cancels after. Service charges are still withheld.
Moderate	If the Tourist cancels the reservation five days before his / her arrival, the reimbursement of the costs of stay is total. If you cancel your reservation less than five days before your arrival, the first night is non-refundable, while for the next nights the refund is 50%.
Rigid	If the Tourist cancels the reservation seven days before the arrival, the refund is of the 50%. Afterwards you will not receive any refund.

In the event of any dispute, HolidayCuba must receive a complaint with at least 24 hours notice from check-in.
In the event that the Tourist arrives and anticipates the departure before the end of the reservation, the nights not spent in the accommodation will not be reimbursed.
If the Tourist Book a stay of several months and decides to anticipate the departure before the established deadline, he must notify HolidayCuba from 3 to 7 days before. Whatever the new date, the guest will give the owner the amount for 30 days after the cancellation date. If the booked stay is less than 30 days, the full amount must still be paid.
Should mediation between the two parties be necessary, HolidayCuba will mediate and have the last word on all disputes.

 

4.            Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

For users in the United States, Holidaycuba will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Holidaycuba’s vendors.

 

5.            How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and Booking of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Holidaycuba Account (defined below).

As stated above, Holidaycuba makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for Bookings of Accommodations directly with each other. Holidaycuba is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Holidaycuba does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Holidaycuba platform, Holidaycuba’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. HOLIDAYCUBA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. HOLIDAYCUBA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

 

6.            Account Registration

In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Holidaycuba Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Holidaycuba Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Holidaycuba through the Site, Services or Application; or (ii) allowing Holidaycuba to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Holidaycuba and/or grant Holidaycuba access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Holidaycuba to pay any fees or making Holidaycuba subject to any usage limitations imposed by such third-party service providers. By granting Holidaycuba access to any Third-Party Accounts, you understand that Holidaycuba will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Holidaycuba Account and Holidaycuba Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Holidaycuba Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Holidaycuba’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Holidaycuba Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Holidaycuba makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Holidaycuba is not responsible for any SNS Content.

Your Holidaycuba Account and your Holidaycuba Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Holidaycuba Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Holidaycuba reserves the right to suspend or terminate your Holidaycuba Account and your access to the Site, Application and Services if you create more than one (1) Holidaycuba Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

Unless expressly authorized by a specific feature on Holidaycuba, you are not permitted to share your Holidaycuba Account with anyone or allow others to access or use your Holidaycuba Account. Holidaycuba may enable features, in our discretion, that allow other Members to take certain actions associated with your Holidaycuba Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Host. You agree that you will take sole responsibility for any activities or actions under your Holidaycuba Account, whether or not you have authorized such activities or actions. You will immediately notify Holidaycuba of any unauthorized use of your Holidaycuba Account.

 

7.            Accommodation Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.

Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Holidaycuba assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Holidaycuba reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Holidaycuba, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Holidaycuba’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Host, you understand and agree that Holidaycuba does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Holidaycuba is not a party to it.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.

If you are a Host, Holidaycuba makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)

Holidaycuba recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. Please also review such policy for any interaction with the Holidaycuba Host Protection Insurance Program, to the extent provided in your jurisdiction.

Holidaycuba may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have photographer do this, Holidaycuba shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Holidaycuba.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Holidaycuba Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Holidaycuba. If your Holidaycuba Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Holidaycuba retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

 

8.            No Endorsement

Holidaycuba does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Holidaycuba of any Member, Listing or Accommodation.

Members are required by these Terms to provide accurate information. Although Holidaycuba may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

By registering for an Holidaycuba Account, you agree that Holidaycuba may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Holidaycuba about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a Booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the Holidaycuba Host Guarantee Terms and Conditions (“Holidaycuba Host Guarantee“), which is an agreement between Holidaycuba and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Holidaycuba with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Holidaycuba regarding the remittance of payments received from a Guest by Holidaycuba on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

 

9.            Bookings and Financial Terms

A.           Key definitions

“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not Holidaycuba, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Holidaycuba platform, or (ii) Taxes that the Host determines that he or she has to collect.

“Guest Fees” means the fee that Holidaycuba charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a Booking request to a Host.

“Host Fees” means the fee that Holidaycuba charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.

“Payment Method” means a payment method that you have added to your Holidaycuba Account, such as a credit card, debit card or PayPal.

“Service Fees” means collectively the Guest Fees and the Host Fees.

“Total Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.

10.         

A.           Bookings and Financial Terms for Hosts

If you are a Host and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest’s Holidaycuba Account profile page, (iii) if the Guest and Host have both connected their Holidaycuba accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Holidaycuba, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by Holidaycuba (via Holidaycuba Payments) for the requested Booking will be refunded to the applicable Guest. When you confirm a Booking requested by a Guest, Holidaycuba will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.

Holidaycuba Payments will collect the Total Fees from Guests at the time of the Booking request or upon the Host’s confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host at the time and as further described in the Payments Terms.

Each Host agrees that Holidaycuba may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the Booking and (ii) refund (via Holidaycuba Payments) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.

11.         

A.           Bookings and Financial Terms for Guests

The Hosts, not Holidaycuba, are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.

You acknowledge and agree that you, and not Holidaycuba, will be responsible for performing the obligations of any such agreements, that Holidaycuba is not a party to such agreements, and that, with the exception of Holidaycuba Payments’ obligations pursuant to the Payments Terms, Holidaycuba (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, Holidaycuba Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Holidaycuba Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.

You as a Guest agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Holidaycuba Account. Holidaycuba Payments will collect the Total Fees pursuant to the Payments Terms.

Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.

12.         

A.           Service Fees and Other Fees

In consideration for the use of Holidaycuba’s online marketplace and platform, Holidaycuba charges Service Fees. Holidaycuba Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. Holidaycuba Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the Payments Terms. Guest Fees are, as noted above, included in the Total Fees.

Applicable Guest Fees, as well as Taxes collected by Holidaycuba, will be shown to Guests via the Site and Application at checkout, prior to their submission of a Booking request. And, Holidaycuba will disclose applicable Host Fees to Hosts via the Site and Application. More information on Services Fees can be found at the Holidaycuba Help Center.

13.         

A.           General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host. Holidaycuba Payments will initiate any refunds due pursuant to the Payments Terms.

If a Host cancels a confirmed Booking made via the Site, Services, and Application, (i) Holidaycuba Payments will refund the Total Fees for such Booking to the applicable Guest pursuant to the Payments Terms and (ii) the Guest will receive a Communication from Holidaycuba containing alternative Listings and other related information. If the Guest requests a Booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested Booking, then the Guest agrees to pay Holidaycuba the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed Booking and you, as a Guest, have not received a Communication from Holidaycuba, please contact Holidaycuba.

If, as a Host, you cancel a confirmed Booking, you agree that Holidaycuba may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Holidaycuba may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in Holidaycuba’s Extenuating Circumstances Policy or for any other reason. Holidaycuba may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy or in connection with a cancellation under Holidaycuba’s Extenuating Circumstances Policy. You agree that Holidaycuba and the relevant Guest or Host will not have any liability for such cancellations or refunds.

Resolution Center

Members may use the Resolution Center to send or request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Holidaycuba Account, and Holidaycuba Payments will handle all such payments pursuant to the Payments Terms. When a Member agrees to provide services or amenities to another Member via the Resolution Center, both parties acknowledge and agree that they, and not Holidaycuba, will be responsible for performing their respective obligations of any such agreements, that Holidaycuba is not a party to such agreements, and that, with the exception of Holidaycuba Payments’ obligations pursuant to the Payments Terms, Holidaycuba (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.

Rounding Off

Holidaycuba may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Holidaycuba will round up an amount of 102.00, and 101.00.

Some currencies are denominated in large numbers. In those cases, Holidaycuba may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Holidaycuba to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Donations

Some Hosts may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to aparticular cause or charity. We do not take any responsibility orliability for whether the Host does in fact make the donation he or shepledged to make. In such cases, the Host in question is responsible forhis or her own compliance with all laws and regulations applicable tosuch pledges and/or fund-raising.

Booking Modifications

You as a Guest or Host are responsible for any modifications to a Booking that you direct Holidaycuba Customer Service to make (“Booking Modifications“), and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

 

14.          Taxes

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Hosts, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Holidaycuba cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Host, Holidaycuba may issue a valid VAT invoice to such Host.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

A.           Occupancy Tax Collection and Remittance

In certain jurisdictions, Holidaycuba may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with your directions in these Terms (“Collection and Remittance”) if such tax jurisdiction asserts Holidaycuba or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Guest or Host, in lieu of the Host collecting Occupancy taxes from Guests and remitting to the Tax Authority, you hereby instruct and authorize Holidaycuba (via Holidaycuba Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Holidaycuba facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Holidaycuba will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions. When a new Listing is created in a jurisdiction where Holidaycuba facilitates Collection and Remittance of Occupancy Taxes, the Host will be notified in the Listing creation flow.

The amount of Occupancy Taxes, if any, collected and remitted by Holidaycuba will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Holidaycuba is directly facilitating Collection and Remittance, Guests and Hosts agree that Hosts are not permitted to attempt collection, or collect any Occupancy Taxes being collected by Holidaycuba relating to their Accommodations on Holidaycuba in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Holidaycuba and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. For any jurisdiction in which we facilitate Collection and Remittance, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

B.            Opt-in to Host Remittance of Taxes

In other jurisdictions, Holidaycuba may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Hosts and Guests in accordance with a Host’s direction to opt in to a specific Occupancy Tax line item in the Booking process, in which the Host directs that Occupancy Taxes from Guests be sent directly to the Host so that the Host will remit such taxes directly to Tax Authority (“Opt-in for Host Remittance“). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Host Remittance, whether you are a Guest or Host, you hereby instruct and authorize Holidaycuba (via Holidaycuba Payments) to send Occupancy Taxes received from Guests at the time Accommodation Fees are collected to the Host who is obligated to send such taxes to the Tax Authority directly. If Holidaycuba offers and a Host selects Opt-in for Host Remittance in any jurisdiction, Hosts and Guests remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Accommodations; you agree and understand that Holidaycuba is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Host Remittance of Taxes. You hereby agree that through third party payment processors, Holidaycuba is merely processing Your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold Holidaycuba and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. For any jurisdiction in which we facilitate Opt-in for Host Remittance, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.

 

C.            Miscellaneous Occupancy Tax Provisions

Whether you are a Guest or Host, you agree that any claim or cause of action relating to Holidaycuba’s facilitation of Opt-in for Host Remittance or Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Holidaycuba in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Holidaycuba from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.

Hosts and Guests acknowledge and agree that in some jurisdictions, Holidaycuba may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Terms of Service is a representation or guarantee that Holidaycuba will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Holidaycuba will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Holidaycuba reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which Holidaycuba determines to cease any such facilitation.

 

15.          Currency Conversion

Holidaycuba’s online platform facilitates Bookings between Guests and Hosts who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Holidaycuba platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

 

16.          Damage to Accommodations and Security Deposits

As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

Hosts may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Holidaycuba will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Holidaycuba is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

If a Host has a Damage Claim for a confirmed Booking, the Host can seek payment from the Guest through the Resolution Center. The Host may escalate the Damage Claim to Holidaycuba if the Host and Guest are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If a Host escalates a Damage Claim to Holidaycuba, you as a Guest will be notified of the Damage Claim and given an opportunity to respond. If you as a Guest agree to pay the Host in connection with a Damage Claim, or if Holidaycuba determines, in its sole discretion, that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation, Holidaycuba (via Holidaycuba Payments) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Holidaycuba also reserves the right to otherwise collect payment from you and pursue any avenues available to Holidaycuba in this regard in situations in which you have been determined, in Holidaycuba’s sole discretion, to have damaged any Accommodation or any personal or other property located at an Accommodation.

Both Guests and Hosts agree to cooperate with and assist Holidaycuba in good faith, and to provide Holidaycuba with such information and take such actions as may be reasonably requested by Holidaycuba, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Holidaycuba Host Guarantee) or with respect to any investigation undertaken by Holidaycuba or a representative of Holidaycuba regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Holidaycuba’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Holidaycuba or a third party selected by Holidaycuba or its insurer, with respect to losses for which the Host is requesting payment from Holidaycuba under the Holidaycuba Host Guarantee.

If you are a Guest, you understand and agree that Holidaycuba may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Holidaycuba under the Holidaycuba Host Guarantee). You agree to cooperate with and assist Holidaycuba in good faith, and to provide Holidaycuba with such information as may be reasonably requested by Holidaycuba, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Holidaycuba may reasonably request to assist Holidaycuba in accomplishing the foregoing.

Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.

 

17.          Overstaying without the Host’s Consent

Guests agree that a confirmed Booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums“). Holidaycuba Payments will collect Additional Sums from Guests pursuant to the Payments Terms.

 

18.          User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

o             violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

 

o             use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;

 

o             access or use our Site, Application, Services or the Holidaycuba API to use, expose, or allow to be used or exposed, any Holidaycuba Content: (i) that is not publicly displayed by Holidaycuba in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the Holidaycuba Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Holidaycuba’s users or any other third party;

 

o             use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Holidaycuba endorsement, partnership or otherwise misleads others as to your affiliation with Holidaycuba;

 

o             dilute, tarnish or otherwise harm the Holidaycuba brand in any way,

including through unauthorized use of Collective Content,

registering and/or using Holidaycuba or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Holidaycuba domains, trademarks, taglines, promotional campaigns or Collective Content

 

o             copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

 

o        &