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Retreat Platform Terms of Service

1. Welcome
Thank you for choosing the Retreat website and services. The Retreat service is a online technology platform that connects global service providers and customers (User (Customer)s), both parties are referred to as "Users" via the website accessible at https://planretreat.com. supplied by Retreat Technologies, Inc. ("Company", "we", "us" and "our"), with registered office at 1390 Market Street, Suite 202, San Francisco, CA 94102 United State of America. If you have any concerns or complaints about any section of this terms please send us a message via our email: [email protected].
Retreat facilitates a Marketplace where Users can book travel and Hotel services on the web-based platform and including other associated platforms and/or websites or through mobile devices or directly through the telephone offered by Retreat. The Retreat platform do not provide Hotel or travel service directly, but acts as a facillitator for a travel and Hotel Service provided by a service provider, and not as a direct travel and Hotel service provider.
These Terms and Conditions are part of every agreement or contract between the User (Customer)s' and Retreat. Please ensure to read them carefully before you proceed.
2. Definitions
By using or visiting any of our platform ("Site" "Service"), you acknowledge that you have read, understand, and agree to all the conditions of this Agreement, including our Privacy Policy ("Privacy Policy") incorporated herein by reference. This Agreement and our other Policy are subject to the provisions of the California Consumers Privacy Acts CCPA, the United State Privacy Laws and other applicable privacy laws. Under the Privacy Laws, we are a data "Controller" and you are a "Data Subject" with certain protected privacy rights concerning your "Personal Data." Personal Data may also be referred to as Personally Identifiable Information ("PII").
3. Important Notices
"Users or User (Customer)s", "You", "Yours", "Customer", and "Service Providers" means a person who has signed up and is registered with Retreat Technologies, Inc. to use the Service.
"Service Provider" means a person who is registered with Retreat platform as a Service Provider to provide Hotel and Travel services to the customers. The Service Provider is not an employee of Retreat Technologies, Inc. but an independent entity.
"Book or Booking" means a when a customer book for a Travel and/or Hotel Services (as described herein) via the Retreat Site.
"Service" means the use of the Retreat Hotel and Travel facilitator services accessed online via the Retreat website and application.
"Application (web-based application)" is mobile software, owned and operated by Retreat Technologies, Inc. to provide Hotel and Travel facilitator services to Users.
4. Contractual Relationship between Us
Retreat facilitates travel and Hotel services exclusively via its website. Retreat does not directly provide travel and Hotel services, we merely offer a platform for the User (Customer)s to connect and facilitate travel and Hotel service provided by a Thirdparty who are independent of Retreat.
Retreat makes all necessary arrangements with the service provider in its name, to provide the User (Customer) with access to various travel and hotel services. The User (Customer) agrees to use the Retreat platform only as an intermediator and not as a Travel or Hotel service provider. The User (Customer) (Driver and Customer) agrees that Retreat shall receive a compensation claim for every successful travel and Hotel service via the platform which is made up of arrangement fees and the advance payment made by Retreat to the Service provider.
The Customer agrees that by submitting a completed booking form via the website or mobile application ("Travel or Hotel Request") or by telephone to Retreat, the Customer makes an offer for the conclusion of an arrangement agreement. The objective of this agreement is to facilitate the travel or Hotel service to meet the Customer's Request.
5. Payment, and Service Fee
For every successful fare, Retreat will charge a fare, to process your booking and accept your payment. Any Payment and Service Fee charged by Retreat will only be in the capacity (as a merchant), and not as an agent for any other party.
Payment and Service Fees cover a range of services, costs, and fees charged with your booking, shall cover among other things to provide the site and services.
6. Booking Confirmation
To confirm your booking, Retreat will send the Customer an email confirming the receipt of the Request for the travel or Hotel service which is to be arranged. The arrangement agreement comes into effect only through a separate booking confirmation email which will include the Service Provider details and listing provided by Retreat. Consequently, the Customer is entitled to directly demand Hotel and travel services from the service provider.
7. Booking or Registration Requirements
When making a Travel or Hotel booking Request, you will be asked to provide certain data to complete your booking and registration. The User (Customer) agrees to provide only true, correct, and up-to-date information to Retreat.
8. Services Facilitated by us
We facilitate Travels, and Hotel Bookings: We offer Customers the possibility to choose between Travel and Hotel bookings while completing a booking request. The Customer agrees to an additional charge depending on the services requested or changes requested to an existing request, which will be communicated to the customer on the site or application.
i. Travel Service: For travel services, the price quoted at the start to you will be valid until variation is requested to change date or time, please be aware that, such variation will incur additional charges subject to the "Booking Amendment Policy and Charges" section of this Terms.
ii. Hotel Services: For Hotel services, the price quoted at the start to you will be valid until variation is requested to change date or time, please be aware that, such variation will incur additional charges subject to the "Booking Amendment Policy and Charges" section of this Terms.
The customer agrees that changes in Travel or Hotel Arrangements are subject to the availability. Retreat holds the right to inform the Customer of special provisions including conditions of changes and cancellations. The Customer agrees that all changes have to be pre-approved and agreed upon by the specific provider. All additional charges will be charged as defined herein.
9. Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or service provider ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
10. Customers' Obligations
a. The agreements described herein (collectively, the "Agreement") constitute a legal contract between the User (Customer) and Retreat. (The "Company" or " or "We", "Us" or "Our").
b. To use the Service the Customer agrees to the agreements, Terms, and Conditions of the Contract comprised herein.
c. Access to the Retreat website and any other Retreat web-based applications is free of charge. You must be registered with Retreat to access our services. Retreat will use the data provided as described in our Privacy Policy.
d. By using or accessing the Service, the Customer expressly acknowledges and agrees to be bound by the Terms of this Contract, and any future changes and additions to this Agreement as published and updated from time to time at the Retreat website (https://planretreat.com).
e. The Customer warrants that all data provided to Retreat is accurate and complete. Retreat reserve the right at any time to verify the information that the Customer has provided at its own discretion.
f. The Retreat service is entitled at any time to refuse the Service or withdraw the use of the Web-based Application at his own discretion.
g. You will not impair the proper operation of the website and services;
h. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
i. You will not try to harm the Service or Website in any way whatsoever;
j. You will not copy, modify or distribute the Retreat website content or other Retreat materials, without written permission;
k. You will provide us with only true and genuine proof of identity we may reasonably request;
l. You will not use the Website or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of Retreat.
m. You will not use any data mining robots or other data gathering/extraction tools.
n. You will not collude with a service provider to defraud Retreat of its commission by attempting to bypass payment systems and dealing outside the platform.
o. You will comply with all applicable, state, local, and federal laws of your, country, state, and city in which you are using the Retreat website or Service;
p. You agree that Retreat does not own any Hotel and is not a Hotel Vendor. It is the responsibility of the third-party Hotel providers, Travel merchants to provide the services requested by the Customers' on the Retreat platform.
q. You will not use the Service to cause nuisance, annoyance, or inconvenience to others;
11. Fees & Charges
While the Retreat will endeavor to provide you with a Travel and Hotel service of your choice if your choice is not available, other options will be offered to you via the website or platform. The customer authorizes Retreat to automatically deduct the payment for the booking, (as described on the website) using the [credit, debit] provided by the Customer during registration. You agree that we may undertake authorization checks on the card at our discretion. The total charge includes GST [Good and Service Tax] or any other Value added taxes.
The fee estimation provided on our website is a fixed amount and will include any extra services or special requirements specified at the time of making the Booking. Variations to the bookings may lead to changes to the final fees under these Terms.
12. Administration Fees
Retreat deducts an administration charge (includes GST) of each fare which is included in the Customer fees and charges. In the event of any cancellation, you agree that these administration fees will not be refunded.
The administration charge shall cover the following:
i. All Bank charges associated with a credit card verification, pre-authorization, and processing of credit card payments.
ii. Website and mobile application maintenance fees and database management fees associated with each booking and cancellation request.
iii. PPC advertising expenses, related to each booking request.
iv. Cancellations related to third-party bookings.
v. Other miscellaneous charges
13. Receipt of Purchase
A receipt of the fees charged to you will be provided in your invoice as a consolidated charge and will be non-refundable. Funds need to be available on your card now otherwise your booking confirmation will not take place.
14. Booking, Charges and Cancellation Policy
The Customer reserve the right to cancel a booking only when the service is yet to begin, but agree to be subjected to certain cancellation conditions as described below.
Once the Travel or Hotel service has begun and payment automatically deducted the Customer will not be able to cancel (since the service has already been provided) and no refunds will be considered. The Customer agree that payment will be deducted automatically, once a service as been successfully booked, and confirmed by Retreat system.
15. Disputes between Service Provider and Customer
The Customer reserve the right to cancel a booking only when the service is yet to begin, but agree to be subjected to certain cancellation conditions as described below.
Once the Travel or Hotel service has begun and payment automatically deducted the Customer will not be able to cancel (since the service has already been provided) and no refunds will be considered. The Customer agree that payment will be deducted automatically, once a service as been successfully booked, and confirmed by Retreat system.
16. Booking Cancellation By Service Provider
If a Customer have any dispute or complaint in relation to the services provided, then we strongly encourage you to first contact the provider directly to reach an agreement/dialogue. If both parties is unable to come into a dialogue, then the Customer can send Retreat a Complaint message and we will try to resolve the dispute through alternative dispute resolution procedures,
17. Intellectual Property Rights
The Service Provider reserve the right to cancel a Customer booking at any time. Should the case arise, Retreat will send an email message to the Customer, prompting the Customer to make a new alternate booking, however, this will also depend on the timing and availability.
In such instances, you agree to waive Retreat of any damages, delays, or direct and indirect losses that may happen due to such cancellation, nor would we be liable for any financial losses that the Customer may encounter.
18. Disclaimer
All content on this Site, including but not limited to Images, texture, background, objects, graphic elements, and related metadata (collectively the "Content), as well as the selection and arrangement of the the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and us, we do not grant any express or implied permission to use the service or any Content.
19. Limitation Of Liability
Your use of this website and services is at your own risk. We will not be liable for any direct, indirect, incidental, or consequential damages or loss arising out of your access to or use of this services. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, Use of, or inability to use our Site/Services; or Use of or reliance on any content displayed on our platform.
20. Forceability
In no event shall Retreat and/or its licensors be liable for any indirect, special, punitive, exemplary, consequential, incidental, or other damages of any type or kind including loss of data, personal injury, loss of revenue, and profits, use or other economic disadvantages. Retreat does not guarantee that its Website or services will always be available or uninterrupted. Retreat reserves the right to withdraw or modify the services or some features without notice to you.
You also agree that Retreat shall not be responsible for Failure to provide Retreat facilitated travel services or our failure to meet any of our obligations under these Terms, where such failure is due to events beyond our control.
21. Refunds
As a user of the services, you agree that:
a. Retreat will not be responsible for the behavior, actions, or inactions of Service Providers that you may use (which has been facilitated by the Retreat Website).
b. You also agree that any contract for the provision of services is between you and the Service Provider and not Retreat.
c. You agree that Retreat is not responsible for Service Provider canceling any booking already confirmed and notified to you. Notwithstanding Retreat will endeavor to provide an alternative option, Retreat is not liable to you under whatever conditions.
d. Retreat may introduce the User (Customer) to third-party Hotel or Travel service providers to offer services based on the terms described herein. Retreat will not be responsible to verify the suitability, legality, or ability of any third-party providers and you expressly waive and releases the Retreat Company from any liability, claims for damages arising from or in any way related to the third-party provider.
e. Retreat will not be a party to disputes or negotiations of disputes between the User (Customer) and any third-party providers. Retreat cannot and will not play any role in managing payments between the User (Customer) and the third-party providers.
You also agree that the quality of any services scheduled through the use of the site is entirely the responsibility of the third-party provider who ultimately provides such services to the Customer.
22. California Consumer Privacy Acts (CCPA)
Your request for a refund of a service booked on Retreat shall be governed by our Terms and Conditions and the consideration will be notified to you.
23. Dispute Resolution
Under California's "CCPA" law, California residents who provide Personal Information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information shared, the names and addresses of those businesses with which we shared user information for the immediately prior calendar year, and descriptions of the likely types of marketing the third parties would send. To obtain this information, please contact us by mail at [email protected]
24. Place of Jurisdiction
This Terms of Use and the site activities shall be governed in accordance with The laws of the state of Calidornia, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction in your location for any disputes with us arising out of your use of this site. You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation or an online mediation service that is mutually agreed upon by all parties. The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies. The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.
25. Complaints
These terms and the relationship between you and the service shall be governed by and satisfied by The laws of the State of California and the law of your jurisdiction, where you are using our site. However, ultimately it is your choice as to whether you wish to use our website.