VALPARAISOMANIA has its principal office in Viña del Mar, Valparaíso, Chile. As a Viña del Mar non-stock corporation, VALPARAISOMANIA is the owner, and licensor of registered trademarks, trade names, service marks, designs and logos, which are used in connection with sightseeing, charter, transfer, destination management, package tour, attraction ticketing and other travel services (“Services”). Independent businesses operating under License from VALPARAISOMANIA within a geographic territory, known as Licensees, conduct these Services. As such, VALPARAISOMANIA does not itself provide any Services. Rather, it facilitates and communicates content, features, promotions, and the ability to make a reservation and/or purchase tickets for the Licensee providing the Services.
TERMS and CONDITIONS
REFUNDS AND CANCELLATIONS
Tickets purchased on www.valparaisomania.com are refundable* when a refund is requested at least 48 hours prior to departure, less a 15% service fee.
NO REPRESENTATIONS AND WARRANTIES
VALPARAISOMANIA, its Licensees nor its affiliated entities warrant or make any representations of any kind with respect to the materials and information contained on the Sites. Your use of the Sites is at your own risk. Although VALPARAISOMANIA attempts to provide accurate information, the Sites are intended to be for general reference and informational purposes only. Although we strive to keep the Sites up to date, they may contain inaccurate, incomplete, or out-of-date information. VALPARAISOMANIA assumes no responsibility for errors or omissions in the content of the Sites, and makes no commitment to update such information. Your sole and exclusive remedy against VALPARAISOMANIA for issues relating to the use of, or the material on, the Sites shall be to discontinue accessing the Sites or using the information, features, material or services obtained. The user and VALPARAISOMANIA agree that VALPARAISOMANIA shall not be liable for any damages relating to the use of, or reliance upon, the Sites or such information, features, material or services.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE VALPARAISOMANIA, ITS LICENSEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF VALPARAISOMANIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE SITES OR THE USE OF ANY INFORMATION, FEATURES, MATERIAL OR SERVICES CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” 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.
VALPARAISOMANIA’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES SHALL VALPARAISOMANIA’S TOTAL LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS VALPARAISOMANIA’S CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITES, OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR FROM THE SITES.
VALPARAISOMANIA requires that you agree to follow the following basic rules of conduct when using the Sites:
(1) You will follow these Terms & Conditions and all applicable laws;
(2) You will only provide truthful and accurate information;
(3) You will not harass, threaten or abuse other people when using the Sites in any manner;
(4) You will not interfere with others’ use of the Sites, including by interrupting other users’ sessions, or otherwise act in a way that negatively affects other users’ use of the Sites;
(5) You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights;
(6) You will not collect or store personally identifiable information about any other individual on the Sites, or otherwise stalk, repeatedly contact or harass another user;
(7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with VALPARAISOMANIA; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(8) You will not post any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Sites we provide, users’ ability to enjoy the Sites, or the proper functioning of any software, hardware or equipment or materials used in connection with the Sites;
(9) You will not use any information on the Sites for any commercial purposes, except as expressly authorized by VALPARAISOMANIA;
(10) You will not search, mine or link any data or information to or through the Sites without VALPARAISOMANIA’s express consent and authorization; and
(11) You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Sites.
If you violate any of the guidelines set forth above, or any other aspect of these Terms & Conditions, we reserve the right to suspend or terminate your rights to use the Sites without giving you any notice.
PASSWORDS AND SECURITY
You may choose or be given a password to use in connection with some of the pages on the Sites. You will never give your password to anyone, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under the account. You shall notify VALPARAISOMANIA immediately of any unauthorized use of any account or any other breach of security. VALPARAISOMANIA cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You shall be solely responsible for all use of your account and password and all consequential, indirect, exemplary, special or incidental damages resulting therefore.
LINKS TO OTHER SITES
VALPARAISOMANIA may provide links from or to other sites maintained by third parties. VALPARAISOMANIA has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that VALPARAISOMANIA shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from the Sites or any linked sites.
The information on the Sites, including without limitation all design, text, images, photographs, press releases, and other information, are protected under Chile, United States and international copyright laws and are owned by VALPARAISOMANIA and/or used under license from the copyright owner. The information may not, except under valid written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without VALPARAISOMANIA’s prior written consent, except to the extent that such use is authorized under the United States and other relevant international copyright laws. VALPARAISOMANIA’s trademarks, logos, images, and service marks used on the Sites are the property of VALPARAISOMANIA and may not be used without the prior written consent of VALPARAISOMANIA and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
The internal laws of the State of Chile, without reference to any choice of law provisions, shall govern any claims relating to any use of, or information on the Sites.
If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.
VALPARAISOMANIA may revise these Terms & Conditions at any time, and all users will be bound by such revisions. Revisions will be posted on this “Terms & Conditions” page and users are responsible to review the page from time to time to ensure compliance.
Last updated: August 31, 2015