VOYA TERMS OF USE
IMPORTANT NOTICE
BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES ON THE PLATFORM, PLEASE READ THESE TERMS CAREFULLY.
For all customers: This document includes the terms and conditions for usage of the Services and the Platform and it is a legally binding agreement between you as the user(s) of the Platform ("you", "your", "customer" or "user") and Voya AI INC (trading as 'Voya') ("we", "us", "our" or Voya"). These terms and conditions apply to all our services directly or indirectly (through our trusted distribution partners) made available online, through any mobile device, or by email, sms or telephone (including any customer service or support) (collectively, the "Services").
By accessing, browsing and/or using our (mobile) website or any of our apps/applications (collectively the "Platform"), downloading and installing the Voya app, using the Services and/or by making or completing a Reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Policy) (all as may be amended or supplemented from time to time) (the "Terms").
If you do not agree to any part of these Terms, you should stop using the Platform immediately and any further use shall be at your own risk and account.
For minors: Minors are not allowed to use the Platform and/or Services.
For residents of certain countries: these Terms may include further rights and restrictions for consumers residing in certain countries. Please check Clause 16 for further information.
For specific travel products: these Terms may include for certain travel products additional terms and conditions. Please check Clause 17 et seq. for further information.
CONTENT
1. Definitions
2. Scope
3. Account
4. Platform and Services
5. Product (conditions), availability, (special) rates and taxes
6. Payments and purchases
7. Intellectual property rights
8. Data protection, privacy and AI
9. Disclaimer and liability
10. Indemnity
11. International travel, safety and health
12. Notices, communication and complaints
13. Miscellaneous
14. Governing law and jurisdiction
15. About us
16. Country specific terms
17. Product specific terms
1. DEFINITIONS
1.1 In addition to terms elsewhere defined in the Terms, the following terms shall have the following meaning, unless indicated otherwise.
"Platform" includes the (mobile) platform and application of Voya (the Voya Travel App), you agree to be bound by this Agreement) and its affiliated group companies and trusted business partners. Platform for the purpose of this Agreement includes the Software and the booking engine.
"Privacy Policy" means the privacy policy of Voya (as amended or supplemented from time to time.
"Product" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Travel Provider, including lodging and temporary accommodation ("Accommodations"), air and air related transport services ("Flights"), attractions and experiences (e.g. (theme) parks, museums, sightseeing tours) ("Attractions"), car rentals ("Car Rentals"), other transportation (e.g. cruises, rail, airport rides, bus tours, transfers) ("Transportation") and any combination of the foregoing (each a "Combination").
"Reservation" (or "Reserve") means the order, rent, hire, purchase, booking or reservation of a Product (including payment).
"Rewards" means (as applicable) any benefits or rewards (in cash, vouchers, store credits or points/miles (or similar incentive)) under a customer loyalty or cash back/incentive program or promotions (whether offered by us, a Travel Provider or Partner).
"Services" includes (a) the facilitation of the listing, uploading, offering, display, marketing, promotion of the Products by the Travel Provider on the one hand, (b) the facilitation on or through the Platform to search, discover, (price) compare and Reserve the various Products as offered by the Travel Providers on the other hand, (c) any cash back and and/or other rewards in relation to your use of the Platform and the Services (including store credits and vouchers), (d) any customer or concierge service as provided by us, (e) the Interactive Service, and (f) any associated or ancillary digital or online services.
"Software" means the Voya Travel App and any related software provided to the end user to access, use or interact with the Services (including any updates, upgrades, new releases or versions or modifications thereof).
"Taxes" includes sales and use tax, occupancy tax, room tax, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, service tax, excise tax, value added tax, goods and services tax, consumption tax and/or other similar taxes and includes any governmental charges, duties, fees and levies.
"Travel Provider" means the provider of an Accommodation, Flight, Attraction, Car Rental, Transportation, Combination and/or any other travel or related product or service (e.g. travel insurance) (including any third party online travel agency or supplier through which any of the Products can be Reserved) as from time to time available for Reservation on or through the Platform (whether B2B or B2C).
2. SCOPE
2.1 Platform, Services and Software
2.1.1 Voya is a technology facilitator and not a licensed travel agency or tour operator.
2.1.2 Through the Platform, we (Voya and its affiliate (distribution) partners) provide an online platform through which we facilitate that Travel Providers can advertise, market, sell, promote and/or offer (as applicable) their Product(s) for Reservation, and through which relevant visitors of the Platform can discover, search, compare and make a Reservation.
2.1.3 We may also provide on or through our Platform or Services information regarding tourism and leisure services and activities, travel advertisements, user questionnaires, guest reviews, service information posted by Travel Providers and other travel-related information.
2.1.4 We solely act as a commercial agent to facilitate the negotiation and/or completion of the Reservation for and on behalf of the Travel Provider on the Platform with you, and we do not at any point act as an agent on your behalf or as a principal counterparty to you in respect of your Reservation or the Product. Voya does not own, provide, facilitate, offer or operate any of the Products (including related services) listed on the Platform.
2.1.5 In most cases, we will send you a confirmation of your Reservation as soon as you complete the reservation process on the Platform, but if the Travel Provider cannot confirm your Reservation immediately, we will advise you accordingly and not take payment or send you a confirmation of your Reservation until the Travel Provider has done so.
2.1.6 For certain Products, you understand, agree and accept that the additional terms as set out in Clause 17 shall apply.
2.2 Relationship with Travel Provider
2.2.1 By making a Reservation through the Services, you enter into a direct (legally binding) contractual relationship with the Travel Provider with which you make a Reservation.
2.2.2 From the point at which you make your Reservation, we act solely as an intermediary between you and the Travel Provider. We transmit the relevant details of your Reservation to the relevant Travel Provider(s), and send you a confirmation email for and on behalf of the Travel Provider. We do not (re)sell, rent out or offer any (travel) product or service and we have no responsibility or liability in respect of the Reservation and/or Product (or the use or consummation thereof or damages, injuries, death, losses or claims caused by or attributable to the Travel Provider or the Product).
2.2.3 Travel Providers may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the Platform, their own (delivery/service/travel) terms and conditions, (damage, delay, cancellation (fee), no-show (fee), change (fee) additional charge) policy and house rules for the use, access, and consummation of their products and services (which may include certain disclaimers and limitations of liability); see also clause 2.3 below. Violation of your contract with the Travel Provider (including the relevant terms, conditions and policies) may result in damage claims, additional charges and cancellation of the relevant contract (including the right to deny (further) use or consummation of the Product).
2.2.4 By making a Reservation, you accept and agree to the relevant cancellation, refund, change and no-show policy of that Travel Provider, and to any additional (delivery or other general) terms and conditions of the Travel Provider that may apply to your Reservation or Product (including the fine print of the Travel Provider made available on the Platform and the relevant house rules of the Travel Provider), including for services rendered and/or products offered by the Travel Provider. The relevant terms and conditions of a Travel Provider can be obtained with the relevant Travel Provider.
2.2.5 If there is a mismatch between these Terms and the contract that you have (entered into) with the Travel Provider, the latter shall prevail and apply.
2.3 Additional terms and conditions Travel Provider
2.3.1 The Travel Provider may apply and require a user to accept additional terms, conditions or policies (such as house rules, additional rental agreement, "check-in" document, registration form, security deposits or other requirements) in respect of (the use and consummation of) the Product (including any cancellation, refund, change or amendment thereof and/or any (additional) fee to be paid in that respect) (the "Additional Terms"), which are not included on the Platform.
2.3.2 It is the responsibility of the users to request these Additional Terms from the Travel Provider (insofar not made available through the Platform) in a timely manner and to acquaint themselves with their contents.
2.3.3 If the user fails to request these Additional Terms prior to or during the Reservation, or does so too late after the Reservation is made, all consequences thereof shall be entirely for the user's risk and account.
2.3.4 To the extent permitted by law, the failure or delay of the Travel Provider to make such terms available does not affect the validity of the Reservation made through the Platform.
2.3.5 If the user refuses to accept or fails to sign the Additional Terms, this shall be entirely for the user's risk and account and does not release the user from their obligations under the original booking (including payment obligations). In such case, no refund is due, and the user shall bear all costs arising therefrom.
2.3.6 Voya is not a party to the Additional Terms and bears no responsibility or liability in this respect.
2.4 (Links to) Partners
2.4.1 Our Platform may contain hyperlinks to websites operated by parties other than Voya. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. These Terms will not apply to your use of any third-party website that you access via the Platform. Your use of any third-party website may be subject to additional terms and conditions (including privacy policy), which we suggest you read carefully before you visit any such website.
2.4.2 In some cases, we work with our affiliates and other third-party partners (e.g. online travel agencies, wholesalers and other travel suppliers) ("Partners") to facilitate the listing and Reservation of certain Products. For example, certain online reservations for Products on our Platform are facilitated and processed by our Partners. Where this is the case, the Reservation may be made through and/or processed by the Partner (including confirmation email) and the Partner's terms and conditions of use and privacy policy will govern the relationship between you and our Partner for the relevant Reservation of the relevant Product(s).
2.4.3 Only Partners which have a commercial relationship with us (through an agreement) will be made available on the Platform (for their B2B and/or B2C promotion of their product or service). Partner offers will be clearly displayed and distinguished from the regular offers directly sourced from Travel Providers. We are not an open platform (like Taobao, JD.com, Alibaba, Amazon or eBay) where end users can make their product available (no C2C platform); we do not allow non-professional parties to offer or sell their products on or through the Platform.
2.4.4 We may be paid a fee or commission by a Partner if you make a booking for, or upon materialization of such Product(s) on or through the (Partner) Platform.
2.5 Personal / non-commercial use only
2.5.1 Our Services are made available for personal (personal travel or business travel) and non-commercial use only. We do not grant you any further right or license in respect of the Platform and the Services.
2.5.2 You will not use the Platform for any purpose that is unlawful or a violation of applicable law or these Terms, or for any other purpose not reasonably intended by us. Therefore, you are not allowed to resell, deep link, frame, mirror, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content, information or software available on our Platform, make false, fraudulent or speculative Reservations on our Platform or make any Reservations for any commercial or competitive activity or purpose.
2.5.3 You have the legal authority to bind yourself and anyone for whom (or for whose benefit) (i.e. people traveling within your group such family members, friends or colleagues) (each a "Traveler") you use the Services. As a condition of your access to and use of the Platform or Services, you agree that you will comply with all applicable (privacy) laws and regulations when accessing or using the Platform or Services (including (obtaining) the consent to share and disclose their personal data to us under or pursuant to the Services).
2.6 Software
2.6.1 Subject to your compliance with these Terms, Voya grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to install and use the Software solely for your personal purposes (personal travel and business travel) in accordance with the applicable documentation and intended use.
2.6.2 The Software and all rights therein remain the sole and exclusive property of Voya or its licensors. You acquire no ownership interest or title in the Software.
3. ACCOUNT AND FEE
3.1 Register, use, maintain and close Account
3.1.1 In order to use the Platform and Services for Reservation purposes, you need to register and maintain a user account with us ("Account").
3.1.2 When you register an Account with us, you agree to provide and maintain true, current and complete information during registration. When selecting a username, you agree not to select or use as a username the name of another person with the intent to impersonate, or a name or trademark that is subject to the rights of another person or entity other than you without appropriate authorisation. For security purposes, each mobile number may only be linked to one Account.
3.1.3 We reserve the right to reject, remove, reclaim or change (an application for) a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, used in bad faith or otherwise objectionable. To the maximum extent permitted by applicable law, we may at our sole discretion refuse or suspend registration of an Account or cancel an existing Account without prior notice or liability. We also reserve the right to bar or block Users from and/or to partially or fully restrict their access to, whether or not with an Account, our Platform on a permanent or temporary basis, at our discretion. If you are blocked, you agree not to attempt to use our Platform under any other name or through any other User.
3.1.4 You are responsible for maintaining the confidentiality of the information and password associated with your Account, and for all activities occurring under your Account (including all charges incurred).
3.1.5 We shall be entitled to consider any person who gains access to the Platform and Services using your Account log-in details as an individual acting upon your authorisation, without any further inquiry or investigation. Where applicable, references to your use and/or access of the Platform and Services shall be deemed to include the use and/or access of the Platform and Services by an individual authorised by you. Notwithstanding this, we shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any request or instruction from you to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction.
3.1.6 You must immediately notify us of any unauthorised use of your Account, password or any other breach of security. If, based on your user pattern, we suspect that you have performed any of the prohibited activities under these Terms or in the event of an (alleged) breach of the Terms, we have the right to block your user account or deny your entitlement to Rewards (which you may all forfeit in the event of a breach of fraud). We reserve the right to suspend or terminate the use of any Account at our sole discretion in the event of an (alleged) breach, abuse or fraud.
3.1.7 In order to duly complete and secure your reservations, benefits, rewards, vouchers, store credits and/or cash backs, you need to use your correct email address and bank/credit/debit card details. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or bank/credit/debit card number. We will not be liable for any loss or damage arising from your failure or negligence to comply with this clause 3 or from inaccurate or incomplete Traveler information. Failure to provide accurate traveler information, such as passport/ID details, may result in non-refundable reservation cancellation or additional charges.
3.1.8 Whilst you may delete your Account with us at any time, by completing the deletion procedure as set out herewith, you confirm that you have accepted all the provisions of these Terms in relation to the deletion of your Account and agree to fully comply with them. Deletion of your Account is under the condition precedent of settlement and payment of all due and outstanding payments. Notwithstanding the closing and/or deletion of your Account, you will remain responsible and liable for the payment of any due or unsettled billings. You will indemnify us in full for any third party claims that cannot be settled due to closure of or insufficient funds on or accessible through your Account (including credit/debit card and bank account).
3.1.9 Once your Account has been deleted, it cannot be recovered. Even if you register a user account with us again using the same email address or telephone number or other registration details, it will be registered as a different account. Therefore, before you proceed to delete your Account, please ensure that you have made a backup of the content under your Account if you think it is necessary to do so. We shall not be responsible or liable for such backup or any losses or damages in any kind suffered by you or any third party as a result of the deletion of your Account.
3.1.10 Upon confirmation, the deletion of your Account will take effect immediately and you will not be able to access or use any of the Services from the deleted Account. If you cannot or do not see the option to delete your Account, you may not be eligible to delete the Account.
3.1.11 The following will take place within seventy-two (72) hours upon deletion in an effort to remove your data from the Account and Services:
(i) any user preferences saved and stored under the Account will be deleted and removed;
(ii) any subscriptions to Services made through the Account will be deleted and terminated; and
(iii) any personal data or information regarding the user of the Account will be removed (subject to our Privacy Policy).
3.1.12 Following the deletion of your Account, kindly note that you will no longer be able to:
(i) use or access any of the Services provided by us through the Account. This includes any and all Rewards that may be standing in your Account at the point of deletion, which would be automatically forfeited in full;
(ii) recover any prior data that has been stored on your Account (e.g. all content, documents, pictures, videos, audios, information, data and other records stored under your Account), and
(iii) request us to retrieve any of the above content and data (except as otherwise stipulated by any applicable laws or regulations or otherwise required by any relevant governmental or regulatory authorities).
3.1.13 Once you have deleted your Account with us, we will automatically clear all the rights and interests under the Account (if any) and you understand and agree to indemnify us against (and we shall not be held liable to) you or any third party for any losses or damages caused thereby. At the same time, you understand and agree that we shall not be held liable for any unresolved matters (if any) and that you undertake to proceed with such actions on your own personal basis without implication to us in any way.
3.1.14 If you would like to access or use the Services again after you have deleted your Account, you can only register a new Account.
3.2 Your subscription plan and our Fee
3.2.1 Voya offers monthly and annual subscription plans for access to digital tools, premium features and concierge services. We charge the relevant fee for the relevant subscription period (monthly, annual or lifetime plan) as chosen by you on our Platform (the "Fee"). Payment can be made in accordance with the relevant payment solution as offered on our Platform. Billing is processed in advance for each subscription period (e.g., monthly or annually).
3.2.2 Your subscription will renew automatically and can be terminated or cancelled at any time, but all terminations and cancellations must be made at least 24 hours before the next billing date to avoid renewal charges. Unless agreed otherwise by us, the Fee is non‑refundable, non‑reducible and non‑transferable. Termination, cancellation or suspension of our agreement with you shall not entitle you to any (wholly or partly) refund or repayment of the Fee, unless agreed otherwise. No pro-rated refunds will be issued for unused portions of a subscription.
3.2.3 Failure to (timely) pay the Fee may result in suspension or termination of our agreement with you (including closure of your Account).
3.2.4 If you cancel your subscription, you will retain access through the end of your current billing cycle, and your subscription will not renew thereafter.
3.2.5 Because our services are digital and access is granted immediately, we do not offer refunds once a subscription period has started.
3.2.6 You can manage or cancel your subscription through your user dashboard or by contacting [email protected].
4. PLATFORM AND SERVICES
4.1 Services
4.1.1 The Services will be provided by us based on the actual situation (on the basis of the prices, availability and relevant conditions (e.g. cancellation/no-show/refund/change (fee)) as made available and set by the Travel Providers or Partners).
4.1.2 In addition to the subscription fee for access and use of the Services, some of the Services provided by us may require additional service fee.
4.2 Travel Provider information
4.2.1 When rendering the Services, the information that we disclose is based on the information provided to us by Travel Providers. As such, the Travel Providers that market and promote their Products on the Platform are given access to our systems and Extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on our Platform. Although we will use reasonable skill and care in performing the Services, we will not verify and cannot guarantee that all information is accurate, complete, reliable, up-to-date or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Travel Provider remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) displayed on the Platform.
4.3 Communication and special requests
4.3.1 By completing a Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third-party offers to the extent that you have actively opted in for this information) relevant to your Product and Reservation and destination, (ii) an email after arrival to rate the (experience with your) Travel Provider and the Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See the Privacy Policy for more information about how we may contact you.
4.3.2 In the event of any special requests (for example including but not limited to: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities, change of name, change of date, availability of certain room(s), add-ons, etc.), you agree to make these requests when making the Reservation is made on the Platform or by contacting the Travel Provider directly (as applicable) or when you are at the Travel Provider venue. Such requests will be addressed at Travel Provider's discretion, based on availability and other factors. Your special requests may be subject to additional charges and/or fees by the relevant Travel Provider based on the discretion and/or policy of the relevant Travel Provider. We are not responsible for the availability and/or fulfillment of your special requests by the Travel Provider
4.3.3 We disclaim any liability or responsibility for any communication by or with the Travel Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Travel Provider or (any form of) acknowledgement of receipt of any communication or request. We cannot guarantee that any (special) request or communication will be (duly and timely) received/read by, complied with, executed, delivered or accepted by the Travel Provider.
4.3.3 In order to duly complete and secure your Reservation, you need to use your correct email address and provide the relevant requested (personal and travel) information (which must all be true, accurate and correct). We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number or other travel information. Any omission or negligence in providing the relevant requested (personal/travel) information may result in cancellation (without refund) of your Reservation or an additional charge.
4.4 Ranking
4.4.1 The default ranking for Travel Providers is based on an automated algorithm that may be subject to periodic updates or amendments. We aim to display search results that are relevant to you by providing a personalized default ranking of Travel Providers on our Platform. You can scroll through this default ranking, use filters, and sort by alternative ranking orders and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria. We use multiple algorithms to produce default ranking results, a process that's constantly evolving.
4.4.2 The ranking can be influenced through the following parameters in the algorithms: your personal search history, the "click-through" rate from the search page to the hotel page to completion of Reservation, the number of bookings related to the number of visits to the Travel Provider page on the Platform ("conversion"), gross (including cancellations) and net (excluding cancellations) bookings of a Travel Provider. Conversion and click-through rates may be affected by various (stand-alone) factors including review scores (both aggregate scores and components), availability, policies, (competitive) pricing, quality of content, and certain features of the Travel Provider.
4.4.3 The commission percentage paid by the Travel Provider or other benefits to us (e.g. through commercial arrangements with the Travel Provider or strategic partners) may also impact the default ranking, as well as the Travel Provider's record of on-time payment. The Travel Provider can also influence its ranking by participating in certain customer loyalty programs, deals, special promotions, rewards and the visibility booster (paying a higher commission to boost visibility and improve ranking).
4.5 Star rating
4.5.1 Star or quality ratings on the Platform are not set or determined by us. Star or quality ratings are either determined by Accommodations themselves, a Partner or else by an independent third-party provider of (objective) star ratings. Depending on (local) regulations, the star classifications or quality ratings (e.g. diamonds, tiles) are either assigned by an (independent) third party, e.g. an (official) hotel rating organization, a Partner or based on the accommodation providers opinion of themselves, regardless of objective criteria. We do not review nor impose formal obligations on star classifications or quality ratings. Overall, the star classification or quality ratings is a representation of how the accommodation compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities, and available services. These requirements and standards may vary between countries, organizations and accommodation types.
4.5.2 The Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, (star/quality) rating or classification, or type of accommodation of any Travel Provider (or its facilities, amenities, venue, vehicles, (main, ancillary or supplemental) products or services), unless explicitly indicated or set out otherwise.
4.7 User content
4.7.1 By uploading, transmitting or user content (e.g. photos, images, video's, ratings, reviews, testimonials, social media integrations and other content), you warrant that the user content shall not contain (i) any malicious content including malware, viruses, Trojan horses or infected files or which otherwise interferes with any User's access to our Platform, (ii) any material that is libelous, defamatory, obscene, pornographic, illegal, obscene, insulting, objectionable or inappropriate, abusive, offensive, fraudulent, misleading, harassing or profane, (iii) unsolicited mass mailings or other forms of spam, including junk mail or chain letters, or (iv) any material that infringes any third party (intellectual property right, copyright or privacy) rights. Any user content that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice.
4.7.2 By uploading user content onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that we may use the uploaded photos/images on the Platform and in (online/offline) promotional materials and publications and as we at our discretion see fit.
4.7.3 You are granting us a non-exclusive, worldwide, irrevocable, unconditional, unlimited, perpetual right and license to use, reproduce, display, utilize, monetize, have reproduced, distribute, sublicense, communicate and make available (all in the broadest sense) the user content as we at our discretion see fit.
4.7.4 By uploading the user content you accept full legal responsibility and liability for any claims that are made by any third party (including, but not limited to, the Travel Provider) against us for publishing and using the user content.
4.7.5 We do not verify or endorse the user content that are uploaded and disclaim all responsibility and liability for the user content posted. The truthfulness, reliability, validity and right to use of all user content is assumed by the person who uploaded the user content, and is not our responsibility.
4.7.6 We have the right to— with immediate effect — deny, suspend or limit access to the Platform, the Services and/or your Account, to cancel a confirmed reservation and/or prevent a Reservation from being made by you in the event of any alleged or reasonably suspected (i) form of fraud or abuse, (ii) non-compliance with applicable laws and/or regulations, (iii) inappropriate or unlawful behavior (e.g. violence, bad faith, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to us (including our employees and business partners), the travel Provider (or its employees) and/or third parties), or (v) other circumstances that — at our sole discretion — reasonably justify taking any of the measures above.
4.7.7 Voya reserves the right to (i) monitor, moderate, edit, adjust and remove user content that violates applicable law or these Terms, and (ii) notify relevant authorities for any unlawful or criminal user content.
4.8 Currency converter, location/distance and language setting
4.8.1 The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
4.8.2 Any reference to distance or proximity are indicative and "as the crow flies", from which no rights can be derived.
4.8.3 The Platform (including its content, the Services and the Terms) are only offered in English language. Should we offer or enable a translation of the Platform (including its content or Terms) in another language or for any translation offered or powered by a web browser (e.g. Google Translation), said translation shall be offered as nothing more than a reference and as a courtesy service, from which no rights can be derived. You agree and acknowledge that we nor the Travel Provider shall be bound in any way by such translation. Should any discrepancies or conflict appear in the English and a translated version, the English version shall prevail. We disclaim all warranties related to the translations, express or implied, including any warranties of accuracy, reliability or fitness for a particular purpose.
4.9 Interactive services
4.9.1 We may from time to time provide interactive services on our Platform, including, without limitation: (a) chat rooms; (b) bulletins; and (c) chatbot (collectively, the "Interactive Services"). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
4.9.2 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of this policy (including but not limited to our content standards), whether the service is moderated or not.
5. PRODUCT (CONDITIONS) (SPECIAL) RATES AND TAXES
5.1 Cancellation, change, no-show or late arrival
5.1.1 The general cancellation and no-show policy of each Travel Provider is made available on the Platform on the Travel Provider information pages, during the reservation process and in the confirmation email, voucher or ticket (as applicable). Carefully read the fine print and important information in your reservation confirmation for additional policies as may be applied by the Travel Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds, pets/cards accepted). Cancellation and prepayment policies may vary per segment, product, or service of each Product. Note that certain (special) rates, fees, or special offers are not eligible for cancellation, refund or change.
5.1.2 By making a Reservation, you accept and agree to the relevant (cancellation, amendment, refund and/or no-show) policy of that Travel Provider.
5.1.3 Applicable city/tourist tax may still be charged by the Travel Provider in the event of a no-show or charged cancellation.
5.1.4 Note that a Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Travel Provider and the reservation.
5.1.5 Late payment, wrong bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the Travel Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
5.1.6 If you want to review, adjust, or cancel your Reservation, revert to the Reservation on the Platform or confirmation email and follow the instructions therein. Note that you may be charged for your change or cancellation of your Reservation in accordance with the Travel Provider's cancellation, (pre)payment, change and no-show policy, or not be entitled to any repayment of any (pre)paid amount (or be required to pay an additional amount in the event of a change of your Reservation).
5.1.7 Even if you have provided your travel information (itinerary) in the reservation process on the Platform, if you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Travel Provider so they know when to expect you to avoid cancellation of your Reservation (without refund) or charge of the no-show fee. We do not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation (without refund) or charged no-show fee by the Travel Provider. A "no-show" for your Reservation (e.g., flight, hotel check-in or car rental) may result in a full forfeiture of the booking amount.
5.2 Special rates, offers, promotions and errors
5.2.1 All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes. Obvious errors and mistakes (including misprints) or when the mistake is clearly a blunder and you could have known this in advance are not binding.
5.2.2 Special rates and promotions that are available on the Platform for a specific stay, product, or service may carry special restrictions and conditions, for example non-cancelable and non-refundable. Check the relevant product, service, and reservation conditions and details thoroughly for any such conditions prior to making your Reservation.
5.3 Additional charges
5.3.1 You acknowledge and agree that the price displayed may not include additional charges that apply to the Product, including but not limited to where charges are levied for fees for the amenities and products consumed by the User or any Traveler during the stay and transport to and from the facility/venue, and associated periods of stay, number of guests, resort fees, fees for certain services/products, charges for incidental expenses and personal consumption charges, service charges and taxes (including occupancy taxes, local, city, state or federal taxes, sales tax) ("Additional Charges"). You acknowledge and agree that you will contact the Travel Provider for information over Additional Charges, and that we are not liable in any way for the provision of (or the failure to provide) any such information on Additional Charges whether via the Reservation or the Services.
5.4 Taxes and Fees
5.4.1 When browsing Products on our Platform, the displayed price is generally exclusive of Taxes and service fees, which may include bank and credit card fees and charges where this is available or known to us (collectively the "Taxes and Fees"), unless otherwise expressly stated.
5.4.2 Whether or not the Travel Provider has charged you for the Product, or if we are facilitating the payment of the Reservation price or fee, you agree and acknowledge that the Travel Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the price or fee of the Product to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding, or payment of the relevant Taxes due on the price or fee of the relevant Product to the relevant tax authorities. We do not act as the merchant of record for any product or service made available on the Platform and we are not the vendor collecting and remitting taxes to the applicable tax authorities, unless otherwise required by law or where we are required to collect and remit taxes on behalf of the Travel Provider. We are not a co-vendor associated with the vendors with whom we book or reserve our customer's travel arrangements.
5.4.2 Applicable Taxes may be subject to change or newly established and shall be due and payable "as is". Taxability and the appropriate tax rate and the type of applicable taxes may vary depending on various factors such as location, type of service etc. You are fully responsible for all taxes, charges, fees, duties and assessments arising out of the use of this Platform (including any retroactive change in the Taxes and Fees).
5.4.3 For bookings involving Products located in certain jurisdictions, the Taxes and Fees may also include government-imposed service fees or other fees not paid directly by the Travel Provider to the taxing authorities but required by law to be collected by us (or the Partner).
5.4.4 In certain jurisdictions, the Taxes and Fees amount (to be) paid to the Travel Provider in connection with your Reservation can only be an estimate and may vary. The balance of the (estimated) charge for Taxes and Fees, if any, is a fee Voya may retain as part of the compensation.
6. PAYMENTS, PURCHASES AND REFUNDS
6.1 (Pre- and facilitated) payments
6.1.1 When arranging a booking, we will indicate the charges payable including fees which are to be paid to the Travel Provider or paid in advance (to the Travel Provider directly or through us as commercial agent of the Travel Provider) as the case may be.
6.1.2 If applicable and available, certain Travel Providers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the Travel Provider) to the Travel Provider during the Reservation process, by means of secure online payment (all to the extent offered and supported by your bank) or at any time before or upon arrival/check in. Please check the payment policy of your Reservation for payment details.
6.1.3 For certain products and services, we facilitate (through third party payment processors such as Stripe) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Travel Provider. Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Travel Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
6.1.4 For certain (non-refundable) rates or special offers, note that Travel Providers may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. You will not hold us liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Travel Provider or other third party and not (re)claim any amount for any valid or authorized charge by the Travel Provider or other third party (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.
6.1.5 Clause 6.1 applies to any Reservations booked via the Platform. For any non-travel or ancillary purchases made through Partner platforms linked from the Platform (if applicable), please check Clause 6.2.
6.2 Purchases
6.2.1 Any and all purchases from the Platform will be done through purchases made directly with our Partners on their respective platforms (which are directly linked from the Platform). Any financial transactions that you engage in during the course of using the Services will be conducted solely through the payment channels as is provided on such Partner platforms and based on such terms and use of the Partner platforms. In this regard, you understand and agree that we do not have insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. You further acknowledge and agree that you will indemnify us and we shall not be held liable to you or to any third party with regards to any and all claims or damages that may arise as a result of any transactions that you engage in via the use of the Platform.
6.3 Transaction fee
6.3.1 Payment processing is handled securely by Stripe, Inc., our authorized payment processor (or such other party as from time to time used by Voya), subject to their relevant terms and conditions.
6.3.2 You acknowledge, accept and understand that you may be required by the relevant payment processor (including your bank or credit card company) to pay for a transaction fee (a "Transaction Fee") for every transaction that occurs through the use of our Platform.
6.4 Refunds
6.4.1 Because Voya is not the provider of the underlying travel services, all refunds, changes and cancellations are set by and subject to the individual policies of the Travel Provider and are outside of our direct control.
6.4.2 Voya cannot guarantee a refund, credit or waiver of fees imposed by the Travel Provider.
6.4.3 If you need help with any refund request, we are committed to assisting you in initiating refund requests and will use commercially reasonable efforts to (i) submit refund/cancellation requests to the Travel Provider, (ii) follow up on your behalf where possible and permitted, and (iii) request and provide documentation and instructions to complete the process.
6.4.4 Certain services booked through the Voya platform may be non-refundable, non-changeable, or subject to penalty fees even if canceled shortly after purchase. These conditions will be disclosed during the booking process.
6.4.5 Unless agreed otherwise, the following fees are non-refundable: (i) Voya service or subscription fees (if applicable), (ii) currency conversion or foreign transaction charges, and (iii) premium support or concierge add-ons already rendered.
6.4.6 In order to apply for a refund, contact us at [email protected] with your booking reference and supporting details. We will review your request and assist in submitting it to the applicable travel provider. You may also be required to submit documents or contact the provider directly, depending on their process.
6.4.7 Voya and the Travel Provider shall not be liable for refunds or compensation due to cancellations or disruptions caused by force majeure events (e.g. weather, war, strike, pandemic, travel bans or other events outside of reasonable control).
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Voya, its Travel Providers or Partners (or any of their licensors).
7.2 We exclusively retain ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, spider, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to us. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
7.3 You agree and acknowledge that you will not disassemble, reverse engineer, decompile, copy or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform and Software (including relevant underlying software and application) and you will not circumvent or disable any security or usage tracking features.
8. PRIVACY, SECURITY AND AI/ML
8.1 Privacy
8.1.1 Your personal data and the personal data of any Traveler will be collected, used, disclosed, stored, or processed in connection and compliance with the Privacy Policy. Please review our Privacy Policy (incorporated by reference into the Terms), which also governs your use of the Services, to understand our practices. To the extent permitted or required by law, you hereby give your consent to, and warrant you have procured the consent of every Traveler to, Voya to the collection, use, transfer, disclosure or processing of such personal data for purposes and to such recipients and locations as described in the Privacy Policy.
8.1.2 If your content contains any personal information pertaining to any individual, you warrant that you have obtained the consent of the subject of the relevant personal information for the collection, use and disclosure of such personal information, and have the right to transmit such personal information to us or its designee for data processing in accordance with the applicable data protection laws and regulations. In particular, you warrant that you have observed all requirements and complied with all applicable data protection laws in the event of any cross-border transfer of personal data (including appropriate consent for transfer and usage).
8.1.3 You understand and agree that you are solely responsible for all data that you transmit or that is released in connection with any activity you have undertaken using the Platform and the Services (including but not limited to any access or use you may provide to your authorized users and backing up your content). You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
8.2 Security
8.2.1 When rendering the Services (including hosting your Account), we will have and maintain a range of security procedures, restrictions and measures to prevent unauthorized access to, and the misuse of, your personal data that we process; see the Privacy Policy for more information.
8.2.2 To the extent permitted by applicable law, we reserve the right to review and supervise the use of the Services by you (including but not limited to reviewing any content that may be uploaded by you on the Platform and Services). If you violate breach the Terms, we shall have the right to take appropriate action (including but not limited to changing or deleting the content posted by you, suspending or terminating your right to access and use of the Services) to mitigate the impact of your misconduct. We shall not be held liable for any losses or damages incurred by you or any third party as a result of your misconduct.
8.2.3 When using the Platform or Services, you agree and acknowledge that you will not:
(a) interfere with or disrupt our Platform, or servers or networks connected to our Platform;
(b) violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other User of our Platform;
(c) obtain or attempt to obtain unauthorised access, via whatever means, to any of the our systems.
8.2.4 You agree to maintain the confidentiality of your username and password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
8.2.5 Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
8.3 AI and machine learning
8.3.1 We may deploy tools in providing and seeking to improve and develop our services (e.g. provide personalized recommendations and optimize search results) that utilise algorithms and machine learning (including tools operating on a predictive basis and tools deploying generative AI algorithms to create new content). These tools may interact with you (e.g., we may use chatbots or similar technology) and analyze user preferences, previous searches, and location data to deliver relevant suggestions. We consider where and how to deploy these tools in line with applicable laws. Where required, deployment of any AI tool, the level of human intervention or oversight we apply, will be subject to the Privacy Policy.
8.3.2 Our platform leverages AI and machine learning ("ML") to enhance user experience, such as optimizing search results and personalizing recommendations. While these tools enhance user experience and AI is deployed with oversight, Voya disclaims liability for any inaccuracies in automated outputs or from algorithmic recommendations or limitations of automated processes.
8.3.3 The content and services provided on the Platform, including travel suggestions, destination ideas, itinerary planning and booking options, are generated and enhanced using artificial intelligence tools and third-party data sources. It is your responsibility to independently verify any relevant information before making travel decisions or purchases.
8.3.4 While our technology is designed to save users time and enhance the travel planning process, we make no representations or warranties regarding the outcomes, suggestions or results of the information and Products made available, generated, created or suggested through AI and ML.
8.3.5 Where you interact with automated systems (including AI chatbots), you will be clearly informed that the responses are generated by AI technology. You should not rely on such information as professional advice and we encourage you to exercise judgment and verify independently where appropriate.
9. DISCLAIMER AND LIABILITY
9.1 Our liability
9.1.1 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to the Services or Platform (whether for one event or series of connected events) up to an aggregate amount of (the higher of) (a) the aggregate value of your reservation as set out in the Reservation confirmation email, or (b) USD 250 (or its equivalent in local currency).
9.2 Disclaimer
9.2.1 However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, providing, rendering or otherwise making available the Platform and Services and its contents will be liable for (i) any punitive, special, indirect, incidental, exemplary, intangible, moral, emotional or consequential loss or damages, any loss of production, loss of income/profit/revenue, loss of contract/business, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Travel Provider as made available on our Platform, (iii) the services rendered or the products offered by the Travel Provider or other business partners (including the Partners), (iv) any (direct, indirect, consequential, incidental, moral, emotional, intangible, exemplary or punitive) damages, losses (including loss of income/profit/revenue, loss of contract/business), or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, incidental, exemplary, moral, emotional, intangible, consequential or punitive) damages, losses (including loss of income/profit/revenue, loss of contract/business), or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, warranties, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Travel Provider, the Partners or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform or the Services, including any (partial) cancellation, overbooking, strike, delays, force majeure, or any other event beyond our control (including any personal injuries, death, property damage or other damages or expenses resulting for which the Travel Providers are responsible and/or liable).
9.2.2 We are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Product (including relevant information) or Platform and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, satisfactory quality, suitability, non-infringement, or fitness for a particular purpose.
9.2.3 Your use of the Services and Platform is at your sole risk. The Services and Platform are provided on an "as is" and "as available" basis. We make no warranty that (i) the Services, Platform and Products will meet your requirements, (ii) the Platform or Services will be uninterrupted, timely, secure, hack safe or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the suitability or quality of any Products, Services, information, or other material purchased or obtained by you through the Platform or Services will meet your expectations, and (v) any errors in the Platform, Services and Products will be (timely) corrected and remedied. We have no obligation to notify you (in advance) if the Platform or Service is unavailable, inaccurate, incomplete or interrupted (for whatever reason).
9.2.4 You agree and acknowledge that we (i) will not be liable in any way in connection with any loss or damage you may suffer or any claim you may have in relation to the supply (or non-supply) of any Product by a Travel Provider including any defect, quality, failure or unavailability of or relating to the Product provided by Travel Provider or for any other disputes concerning the said Product, (ii) will not be liable in any way for the acts or omissions of Travel Providers, (iii) do not owe any obligations or contractual responsibilities in any way in respect of your Reservation of the Product except as expressly provided herein, (iv) will not be responsible or liable for (a) any information, content, products, services or other materials provided or made available by Travel Providers or third parties (including Partners and other users), or (b) any reviews, ratings or other information whether supplied by third parties or based on results from automated algorithms.
9.2.5 You acknowledge and agree that the relevant Travel Provider is solely responsible and assumes all responsibility and liability in respect of the Product (including any warranties and representations made by the Travel Provider). We are not a (re/co-)seller of the Product. Complaints or claims in respect of the Product (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Travel Provider. We are not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
9.2.6 The information, software, Products and Services on the Platform may include inaccuracies or typographical errors. In particular, we disclaim all liability for inaccuracies relating to the information and description of the Products displayed on the Platform. Voya does not guarantee the accuracy, completeness, availability or reliability of the information provided.
9.2.7 The limitations of liability as set out in this Clause 9 shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a covered party has been advised of the possibility of damages.
9.3 Expiration claim
9.3.1 Any claim or complaint against us or in respect to the Services or Platform must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period may be rejected, and the claimant will forfeit the right to any (damage or cost) compensation.
10. INDEMNITY
10.1 To the maximum extent permitted by applicable law, you agree to indemnify us in full for any third party claim (including fines, (sur) charges and penalties) caused by or attributable to you (or your Traveler or otherwise for your risk and account) or due to a breach of the Terms (including negligence, wilful misconduct, infringement of third party rights (including privacy)), or a breach of your contract with the Travel Provider or violation of applicable laws.
11. INTERNATIONAL TRAVEL, SAFETY AND HEALTH
11.1 Travel documents and permits
11.1.1 You (and each Traveler) shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid passports, (international) driver's license, travel permits or foreign entry requirements (e.g. vaccination, visas or other travel permits and documents, whether for transit or otherwise), re-entry permits, and various certificates, and preparing entry and re-entry procedure documents – in each case covering the necessary period of validity for travel.
11.1.2 We do not perform agent or other services for immigration procedures in whole or in part and we are not responsible for notifying you (or any Traveler) of the travel arrangements and permits necessary for you (or any Traveler) to be able to carry out your travel plans. In no event shall we be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
11.1.3 When entering any name (yours or any Traveler) in Roman characters in the Account or reservation process on the Platform, the name shall be entered as stated in the relevant passport. Any incorrect name may result in cancellation (without refund or compensation) or additional charge.
11.1.4 If you are travelling abroad, you may need to prove to the check-in and/or Immigration staff that you have a hotel reservation and/or return Flight.
11.2 No travel advisories or travel information
11.2.1 When traveling abroad, you are responsible to check any relevant government's (or advisory or regulatory body's) travel bans, warnings, announcements and recommendations in advance at your departure and destination. You are also responsible for reviewing all travel-related information published as aforementioned, including any rating or grading of travel safety or advisories relating to any country or destination the User or any Traveler is visiting, and for taking any necessary precautions. You are responsible for taking steps to procure personal travel insurance for the User and all Travelers.
11.2.2 By displaying Products at a particular destination, we do not represent or warrant that travel to that location is advisable, possible, safe or risk-free.
11.2.3 Under no circumstances will we be liable for any incidents that may occur during the user's (or any Traveler's) travel or stay (including due to force majeure).
11.2.4 You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. We will not be liable in case a Travel Provider refuses to accept or check you in or asks you to leave for legal or regulatory reasons.
11.2.5 It is your responsibility to independently verify any relevant information before making travel decisions or purchases.
11.2.6 Any information shared by our AI or customer support team is provided solely as a convenience and does not constitute formal travel consultation or agency advice.
11.3 Health and insurances
11.3.1 Any recommended inoculations for travel may change at any time and you are to consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you (and any Traveler) obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
11.3.2 Certain jurisdictions require 'disinsection' of aircraft to kill insects. To do this, personnel might spray the aircraft’s cabin with an aerosolised insecticide while passengers are on board, or treat its interior surfaces with a residual insecticide while they are not on board. Before you travel, we advise you to find out about disinsection with the relevant Travel Provider, including where it might happen.
11.3.3 Certain destinations may require specific travel or health insurances. Please check the relevant website of the country of destination for specific requirements or travel restrictions. Voya users booking directly may from time to time be offered with the option to opt for travel insurance (if available), offered through our trusted partners, to cover unexpected cancellations, delays, or emergencies. The relevant insurance provider shall be responsible for the relevant insurance and payments. Voya shall not be responsible for the insurance product (including any payment thereunder).
11.4 Responsible travel
11.4.1 Voya is committed to promoting responsible travel. We encourage users to consider sustainable and eco-friendly travel options when booking. Additionally, we strive to provide information on attractions and activities accessible to users with disabilities where possible.
12. NOTICES, COMMUNICATION AND COMPLAINTS
12.1 Contact
12.1.1 Our contact details are as follows:
Voya AI INC
433 Plaza Real
Suite 275
Boca Raton
Florida 33432, USA
For questions, suggestions, ideas or complaints: [email protected].
12.1.2 We or the Travel Provider may contact you using the Platform (including App), email address, telephone number, or other information obtained at the time of reservation or membership registration, or as may be identified through the Account as needed, in order to respond to, fulfil, facilitate or execute any transactions involving you or relating to your reservations or enquiries. Reliance will be placed on the last contact details given to us on record, and it will be deemed to be received by you.
12.2 Complaints
12.2.1 We recommend that you first make complaints known to us by contacting us via the contact information above.
12.2.2 For complaints about the products and services of the Travel Providers, we kindly ask you to contact the relevant Travel Provider which offered the product or service.
12.2.3 For questions and complaints about the Platform or the Services, please contact us as per the contact details above.
12.2.4 Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
12.3 Legal notices and demands
12.3.1 All legal notices or demands (including subpoena or writ of summon) to or upon Voya shall be made in writing and sent to Voya by courier or certified mail to the following entity and address:
433 Plaza Real, Suite 275, Boca Raton, Florida 33432, USA
13. MISCLEANNEOUS
13.1 Additional policies
13.1.1 Supplemental or additional policies and conditions or documents that may be posted on the Platform from time to time (including our refund/cancellation policy, content policy, end user license agreement) (collectively, "Additional Policies") are hereby expressly incorporated herein by reference and form an integral part of the Agreement. The Additional Policies (together with these Terms and the Privacy Policy (including any and all amendments to any of the foregoing from time to time) shall constitute the entire agreement with respect to your use of the Services. Unless otherwise agreed, in case of any conflict amongst such documents executed by us and you, these Terms shall prevail.
13.2 Amendment Terms
13.2.1 We may at any time, without prior notice to you, and in our sole and absolute discretion, modify, amend, delete, cancel or change any part or all of these Terms, and your continued use of the Platform and/or the Service shall be regarded as a (tacit) approval and acceptance of the amended or updated Terms. Each updated or amended version of the Terms comes into force on the date the version is published (unless local applicable law mandates a minimum period for advance notice, in which case the version will come into force after such minimum period has lapsed). If you use or interact with the Platform in any way after such publication, you shall be deemed to have (tacitly) acknowledged and agreed to the amended or updated Terms.
13.3 Force majeure
13.3.1 We shall not be responsible or liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for maintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment; (iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; (iv) suspension or delay of services or systems failure due to reasons beyond our reasonable control such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, Platform updates/upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic, or (v) cancellations, delays or failures in service by Travel Providers.
13.4 Invalid provisions
13.4.1 If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
13.5 Assignment and third party rights
13.5.1 You may not assign, convey, or delegate User's rights, duties or obligations hereunder. We may assign any or all of our rights and obligations to others at any time.
13.5.2 Third parties cannot derive any rights from the Terms.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing law
14.1.1 To the extent permitted by law, the Terms (including the Services and the Platform) shall be governed by and construed in accordance with Delaware law.
14.1.2 If the user resides in a country other than the United States of America, a natural person who uses the Services as a consumer (i.e. outside his business or professional activity) can rely on the mandatory provisions of the law of the country where he/she has his/her residence (i.e. provisions that, in accordance with the choice of law rules of that country, must be applied, regardless of this choice of Delaware law (the "Mandatory Provisions").
14.2 Dispute resolution
14.2.1 For any dispute, controversy or claim related to these Terms, the Services, the Platform or Voya (including in respect of its affiliated group companies, the interpretation and scope of this clause 14 and the arbitrability of the dispute) (each a "Dispute") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any arbitration proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
14.3 Arbitration
14.3.1 Save as set out otherwise and to the extent permitted by applicable laws, if a Party is unable to resolve a Dispute through informal negotiations, the Dispute will be referred and submitted to and finally and exclusively resolved by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"), in accordance with the rules of the AAA's Expedited Commercial Arbitration Rules & Procedures and its Consumer-Related Disputes Supplementary Procedures (collectively, the "Rules") (for the time being in force which rules are deemed to be incorporated by reference in this clause), except that you do not retain any right to bring a claim in any court, including small claims court, and as otherwise modified by this arbitration provision. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. If there is a conflict between the Rules and this arbitration provision, the terms of this arbitration provision will prevail and govern. The Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
14.3.2 The place of the arbitration shall be Palm Beach (FL). The arbitration panel shall consist of one arbitrator who will be appointed by the AAA. The arbitration will be conducted based solely on written submissions, unless the arbitrator determines that a telephonic or online appearance is required, and will be conducted in the English language. The arbitration will not involve any personal appearance by the parties or witnesses. The decision shall be made in accordance with the rules of law. The arbitration will be confidential, and neither you nor Voya may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
14.3.3 In order to initiate arbitration with the AAA, you and Voya will each be responsible for paying a filing fee to the AAA. Voya also agrees to pay any additional fee or deposit required by the AAA in excess of your filing fee. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Voya will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.
14.3.4 Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Ordinarily, those documents will be limited to your booking and communications directly about that booking among you, Voya, and the accommodation(s) that are the subject of your dispute with Voya. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
14.3.5 Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Ordinarily, those documents will be limited to your booking and communications directly about that booking among you, Voya, and the accommodation(s) that are the subject of your dispute with Voya. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
14.4.6 The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any Claims to be arbitrated on a class action basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND VOYA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
14.2.7 You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. The arbitration procedures mandated by this Disputes provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
14.3.8 This agreement to arbitrate is made under and will be governed by and construed in accordance with Delaware laws, consistent with the Federal Arbitration Act, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.
14.3.9 All claims you bring against Voya must be resolved in accordance with this arbitration provision. All claims filed or brought contrary to this arbitration provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Voya will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving Voya’s written notice, Voya may recover its attorneys’ fees and costs incurred to enforce this arbitration provision, up to USD 1,000.
14.4 Local competent court
14.4.1 Notwithstanding the foregoing arbitration and jurisdiction clause, a consumer may bring a claim regarding the enforcement of relevant applicable Mandatory Provisions in the court of the country and place where he is resident and an user can only be sued by us in the courts of the country and place of his/her residence and jurisdiction, subject to Delaware law and the Mandatory Provisions.
15. ABOUT US
15.1 The Platform is owned, managed, operated and controlled by, and the Services are rendered by Voya AI, Inc (trading as 'Voya'), a company incorporated under the laws of Delaware and having its registered office at 433 Plaza Real, Suite 275, Boca Raton, Florida 33432, USA.
15.2 Voya has its headquarters in Boca Raton (FL) and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of Voya. Certain designated support companies render limited customer care support services (only by telephone or email). The support companies do not have any Platform (and do not in any way control, manage, maintain, or host the Platform) nor operate as a rep office of Voya. The support companies do not have any power or authority to render the Services, to represent Voya, or to enter into any contract in the name of, for or on behalf of Voya. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of Voya. Voya does not accept nor assume any domicile at any place, location, or office in the world (also not at the office of its support companies), other than its registered office in Boca Raton (FL, USA).
16. COUNTRY/JURISDICTION SPECIFIC TERMS
16.1 USA
16.1 In compliance with the Federal Trade Commission (FTC) guidelines, we disclose that:
Some links or promotions on our Platform may be affiliate links. This means we may earn a commission if you click on a link or make a purchase from a partner or advertiser. This comes at no additional cost to you. We only partner with affiliate programs we believe provide value to our users. However, Voya is not responsible for the quality, safety, legality, or accuracy of affiliate offerings.
16.2 European Union (including UK, CH, NO)
16.2.1 Voya does not act as a tour operator or travel agent. Voya does not offer package holidays or linked travel arrangements as defined in Directive (EU) 2015/2302 on package travel and linked travel arrangements. Voya is therefore not liable for the (partial or complete) performance of the trip, nor for any shortcomings or defects that may occur during the trip. Responsibility for the performance of the services lies entirely with the relevant Travel Providers with whom you enter into a direct agreement.
16.2.2 For EU, UK and NO: If you buy additional travel services for your trip or holiday via Voya, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302 or the equivalent arrangement in UK and Norway. Therefore, Voya will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant Travel Provider.
16.2.3 Please note that personal data provided to Voya will be processed in the United States, which may not offer the same level of data protection as the European Union. However, Voya will ensure that such data is handled securely and with due care, in accordance with its Privacy Policy.
16.3 Countries outside USA, Middle East and EU (including UK/NO/CH)
16.3.1 Although the Service and Platform are globally available (in English) and can be used by consumers worldwide, we do not specifically target consumers that are using the Services in any countries outside USA, Middle East and EU/UK/NO/CH (the relevant "excluded" countries being, the "Excluded Territory"), nor do we conduct any specific marketing activities focused on consumers in the Excluded Territories and therefore, the Services may not be subject to, and the relevant consumer in the Excluded Territory may not enjoy, the relevant consumer law protection as applicable in the relevant jurisdictions in the Excluded Territory of that consumer. Until further notice, we do not envisage offering the Services to those consumers in the Excluded Territory although nothing shall prevent, limit, preclude or restrict such consumer in the Excluded Territory from using the Platform at its own risk.
17. PRODUCT SPECIFIC TERMS
The following additional terms and conditions shall also apply in respect of certain Products.
A. FLIGHTS
A.1 Airlines and aggregators
A.1.1 Most Flights on our Platform are provided via a third-party aggregator, which acts as an intermediary to the airline(s).
A.1.2 When you make a Reservation, it is directly with the relevant airline. We are not a contractual party to your Reservation (and not responsible nor liable for the Product and any extra's booked). When booking, you enter into (i) an intermediation contract with the Third-Party Aggregator (for the ticket) and (ii) a contract of carriage with the airline (for the Flight itself).
A.1.3 Some airlines have 'code share' agreements with other airlines. So you may buy your ticket from one airline (your 'ticketing carrier'), but fly in a plane that's owned by another airline (your 'operating carrier'). In most cases like this, you will check in with your operating carrier – but please confirm this with your ticketing carrier ahead of time.
A.2 Rescheduling and changes
A.2.1 Airlines reserve the right to reschedule or cancel flights in accordance with the airline's terms & conditions, your contract (of carriage) with the airline and/or airline policies.
A.2.2 To the extent that your Reservation includes any Flight(s), you acknowledge that the Travel Provider and/or relevant airline or airlines may reschedule or cancel such Flights in accordance with the Travel Provider Terms. We are not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights, and any failure by the Travel Provider to provide you with notice of changes to the Flights.
A.2.3 If you wish to modify or cancel any Flight component of your Reservation, you acknowledge that we may impose an additional charge of up to SGD 50 (or the equivalent thereof in another currency) per person for each modification, except where prohibited by local law, and this is in addition to any applicable charges by Travel Providers and airlines. While these charges are additional, they are part of the compensation for our Services for Flights bookings.
A.3 Fares with multiple airlines
A.3.1 We may offer fares that are a combination of one-way and/or return Flight segments that could involve different airlines. In processing your combined Flight booking, it is possible that certain Flight segments will be confirmed and other Flight segments for the same journey cannot be booked (or may be cancelled or significantly changed after booking). You acknowledge that each Flight segment in a combined journey is a separate flight booking. You will not be allowed to modify or cancel the confirmed Flight segments for free, even if other Flight segments for the same journey are not successfully booked. All Flight bookings are subject to terms and conditions that may vary based on the travel origin/destination, including policies on Flight booking changes and fees, cancellations, and refunds for individual or combined Flights/segments. Changes to one Flight may not automatically be applied to the other Flight segments, which may need to be changed individually. This may result in separate fees and charges to change each segment. You may require evidence of a return or onward travel for international flights. If the bookings of all Flight segments will be confirmed, you will receive a single booking confirmation for the whole journey.
A.4 Airline and ticket conditions
A.4.1 You agree to be bound by the terms and conditions of carriage of the airline(s) issuing the tickets for any Flight component of your Reservation. Such terms and conditions may include restrictions in relation to payment, refunds, cancellation, reservation modification, scheduled times and dates, liability, and fare restrictions and conditions. There may also be prohibitions on "point-beyond", "hidden-city", or "back-to-back" tickets and other bookings which include segments which you do not intend to use, on use of flight coupons out of sequence, and on buying a return ticket when you only intend to travel one-way. You understand that any violation of any terms and conditions of the airline, including purchase conditions, could result in cancellation of your Flight(s), being denied access to your Flight(s), or forfeiting any payments made for Flight(s). We may also charge you for any costs and penalties incurred as a result of such violation. We recommend that you read the refund, cancellation and no-show policies applicable to your Flight(s) carefully prior to making your booking, including where the airline changes or cancels your Flight booking. Most airlines require customers to use their flights in order. So if you do not take your first Flight, your airline may automatically cancel the rest of your itinerary.
A.4.2 Sometimes, cheaper fares are available on the Platform for the same Flight, for the same Flight segment(s) on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your booking. Different tickets on the same airline for the same Flight may carry different restrictions or include different services.
A.4.3 Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, including free or included pieces or weight of your baggage, seat selection, meals and priority boarding. While we provide some details of what is included in your ticket for your Flight, this is not a substitute for, or summary of, the airline terms and conditions and you should ensure to review these separately.
A.4.4 The cancellation and amendment policy can be found in the contract of carriage between you and the airline. There may be a fee for changing or cancelling your Flight.
A.4.5 Different tickets from the same airline may have different restrictions or include different services. Please make sure you read the full details provided during the booking process.
A.4.6 If you buy two one-way tickets rather than a single round-trip ticket:
(i) you will be making two separate Reservations, each with its own rules and policies;
(ii) any changes to one Flight will not affect the other (for example, if your initial Flight is cancelled, you will not be guaranteed a refund for your second Flight).
A.5 Flight price and extra's
A.5.1 Please note that all prices for Flights on the Platform are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. The airline, the third party aggregator and we may also charge booking and convenience fees for certain types of bookings during or after the Reservation is made. These may be displayed in the booking form and on the confirmation screen.
A.5.2 Any extras (additional baggage, priority boarding, seat allocation, drinks/meals, entertainment, insurance, etc.) is booked directly with the Airline.
A.5.3 Your fare will include any taxes and fees charged by an airline or government (except entry/exit fees that may apply).
A.5.4 Depending on which Flight you choose, you may be charged a service fee by us and/or the third party aggregator. Our service fee (if any) is a fee for using our Platform so you can buy a ticket from a third party aggregator. Unless indicated otherwise, this fee includes any applicable VAT/GST/similar taxes. The third party aggregator’s service fee (if any) is a fee for using them as intermediary to the airline(s). Unless indicated otherwise, this fee may include any applicable VAT/GST/similar taxes.
A.6 Passenger rights
A.6.1 If your flight is delayed or cancelled, or if you are denied boarding, you may be entitled to compensation/assistance as per relevant applicable legislation. Please contact the Travel Provider for more information on your (compensation) rights and how to submit your claim.
B. CAR RENTALS
B.1 'Or similar' car, main driver, pick up and additional charges
B.1.1 Voya cannot guarantee the precise make and model that is offered and reserved, unless explicitly indicated otherwise. The phrase 'or similar' means you could get a (substantially) similar car (e.g. the same (or substantially same) size, with the same (or substantially same) kind of gearbox, fuel, configuration, color, etc.). Descriptions and pictures of the car on the Platform are illustrative only and no rights can be derived.
B.1.2 The main driver (the person whose details are entered during the booking process) is the only person who can change or cancel the Reservation, or discuss it with us - unless the main driver tells us that someone else is nominated to do this on its behalf. The main driver must be eligible and fit for driving. Please note that in certain jurisdictions and with certain Travel Providers, minimum/maximum age restrictions and year(s) of driving experience (including absence of endorsements or driving penalty points) for pick up and driving of a car may apply.
B.1.3 You must be at the rental counter by the indicated or requested pick-up time (note that some Travel Providers have a pick-up 'grace period' in case you are delayed or closure due to office closing hours). If you arrive after the pick-up time (and after the pick-up grace period, if any), the car may no longer be available, and you may not be entitled to a refund from the Travel Provider.
B.1.4 In certain jurisdictions and for certain drivers, a valid international driving permit (in addition to driving license) and recent and valid licence 'check code' may be required. For example, any driver with a driving licence issued in England, Scotland or Wales obtains a licence 'check code' no more than 21 days before pick-up.
B.1.5 Additional charges and fees may also apply for drop offs at places other than the agreed place of pick up (drop off fee), late returns, taking the car to a different country/state/island (cross border fee), additional driver(s) and for certain drivers under or above a certain age (e.g. under 25 or above 65).
B.1.6 Additional extra's or add-ons (such as GPS, child seats and winter tyres) are optional and subject to additional charge(s) by the Travel Provider and availability.
B.2 Important information
B.2.1 Carefully read the "important information" in the reservation process or on your Reservation, and in your contract with the Travel Provider for further material information for your pick up, drop off, insurances and other material rental conditions, restrictions and conditions in respect of your Reservation (including pick up and drop off conditions).
B.2.2 The key terms of your Reservation include what is required at and for pick-up. You must ensure that when you get to the rental counter, you bring everything they need (e.g. driving licence(s), required ID(s), and a credit card in your own name, with enough available funds to cover the security deposit). Please note that not all credit cards and debit card may be accepted for security deposits.
B.2.3 Deposits may be used and additional charges may for fuel charges, tolls, parking/speeding tickets and other fines.
B.2.4 You and the main driver are responsible for the safety of your passengers when driving and using the car (including the use of appropriate child seats for children and babies). Child seats may be subject to an additional charge and may not always be available. The car can only be used for the number of people as indicated in the relevant information of the car.
B.2.5 The price of your Car Rental is calculated based on 24-hour units, so (e.g.) a 25-hour rental will cost as much as a 48-hour rental. If you drop the car off late without agreeing this in advance, they may charge an additional fee.
B.2.6 If, after Pick-up, you decide you want to keep the car for longer, please contact the Travel Provider to understand the costs and terms for extension or renewal of your contract.
B.2.7 Do not take the car to a different country/state/island and/or drop it off at a different location without arranging this in writing and in advance with the Travel Provider.
B.3 Incidents, accidents and insurances
B.3.1 If anything goes wrong during the Rental (accident, breakdown, etc.), you must:
- promptly contact the Travel Provider;
- not authorise any repairs without the Travel Provider's consent (unless your contract with the Travel Provider allows this);
- keep all documentation (repair bills, police reports, etc.) to share with us / the Travel Provider / an insurance company.
B.3.2 Please check your personal insurances and those offered by the Travel Provider (including those that are included or excluded for the relevant Product) carefully and ask for assistance from the Travel Provider if needed.
B.3.3 Not all risks (for accidents, incidents, repairs, damages, injuries, third party claims and costs) are insured and covered by your Reservation. Any (additional/supplemental) risk insurance and/or protection or (additional) road assistance not explicitly included in your Reservation is optional and at your discretion (and additional charges may apply). You are solely responsible for applying for the relevant, supplemental or additional insurance(s) (coverage) related to your use of the car (including any insurance for passengers (injury/death and property damage), personal accidents/effects, and any collision or (partial) loss damage (LDW/PDW) waivers). If you do not apply for, or accept additional insurance or LDW/PDW, you may be exposed to (uninsured) financial risk and liability for you/main driver and your passengers, owe for all (or for PDW: partial) loss or damage to the car and/or third party claims. Your own insurance may not provide (sufficient) coverage for any of risks and liabilities you may be exposed to.
C. PACKAGES
C.1 Combination
C.1.1 Where you have booked (whether separately or through a linked arrangement or in serie(s) of one or more session) a combination of Products that comprises two or more different travel products, changes to or cancellations of one Product will not automatically be applied to the other Product(s). You are responsible for making any consequential changes and/or cancellations and any fees and charges incurred in doing so. Pre-paid may not always be refundable.
C.1.2 Changes and cancellations of combination of Products are subject to Travel Provider terms and conditions.
D. TRANSPORTATION
D.1 Travel Provider and Product
D.1.1 By making a Reservation, you acknowledge, agree and confirm that you understand that the relevant Travel Provider is responsible for arranging and providing your Travel Product, choosing routes, setting prices, and providing all relevant information.
D.1.2 Voya cannot guarantee the precise make and transportation that is offered and reserved, unless explicitly indicated otherwise. The phrase 'or similar' means you could get a (substantially) similar car (e.g. the same (or substantially same) size, with the same (or substantially same) kind of configuration, etc.). Descriptions and pictures of the car on the Platform are illustrative only and no rights can be derived.
D.1.3 You must make sure your chosen form of Transportation is suitable (in terms of party size, amount of luggage, accessibility requirements, etc.).
D.1.4 You are responsible for the relevant Travelers within your party (including their behaviour). If anything needs to be repaired or cleaned because someone in your group has done something unreasonable or is in breach of these Terms, you will be responsible for the cost of repairs/cleaning.
D.2 Travel (time) and charges
D.2.1 You acknowledge and agree that estimated journey times may differ due to traffic and weather conditions.
D.2.2 Additional charges (for tunnels, tolls, bridges, cross border transfer, congestion, peak time, waiting/pick up time) may apply for which you are responsible (including gratuity). The price offered on the Platform might be different from the price estimated when you booked due to aforementioned charges or change of route.
D.2.3 All passengers must be at the pick-up location on time. You must have the phone (and mobile phone number you entered when you made your Reservation) switched on and able to receive calls/texts, in case the driver needs to contact you. Last minute changes requested or notified by you are at your own risk and account and may not be honored or accepted.
D.2.4 For any airport pick-up, you must give us your flight details at least 24 hours before your pick-up time, so the Travel Provider can adjust the pick-up time if your flight is delayed.
D.2.5 Certain jurisdictions and Travel Providers require that you are 18 years or older to make a Reservation, and any passenger under 18 must be accompanied by a responsible adult.
E. FOR ALL TRAVEL PRODUCTS
E.1 Relationship with Travel Provider
E.1.1 When you make a Reservation, it is directly with the relevant Travel Provider (or – if applicable and as indicated – a third party aggregator). Voya is not a ‘contractual party’ to your Reservation and not responsible for (the provision of) the relevant Product (including any negligence, omission, default or tort in this respect). We will not be liable for any damage, loss or injury you suffer because of anything the Travel Provider (including its employees, agents, representatives, drivers, (sub)contractors) do or omit to do.
E.1.2 By making a Reservation, you acknowledge, agree and confirm that you:
(i) have read and accept the Travel Provider's contract, policies, terms and conditions (where applicable)
(ii) agree to contact the Travel Provider directly about anything that goes wrong;
(iii) understand that the Travel Provider is responsible for arranging and providing your Travel Product, choosing routes, setting prices, and providing all relevant information.
E.1.3 We act solely as the Platform and are not involved in the terms of the Travel Provider (or – if applicable – the third party aggregator). We are responsible for the reservation process, but we are not responsible for your Reservation (including the consummation and/or use of the Travel Product) and have no liability to you in relation to your Reservation, except as described in these Terms.
E.1.4 Travel Provider may not be able to honor your Reservation or provide the Travel Product due to force majeure, insolvency or other events beyond their reasonable control (including your breach of the contract (including relevant policies, terms and conditions) with the Travel Provider or negligence) in which case neither we nor the Travel Provider will be liable for any costs you may incur (e.g. alternative transport or hotel rooms).
Latest update: 25/08/25
