Agreement Between Customer and Hoperator

Welcome to the Hoperator website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "Hoperator" refer to Slacktravel, LLC, a Missouri limited liability company doing business as Hoperator, and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website.
 
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

Use of The Website

As a condition of your use of this Website, you warrant that

  1. You are at least 18 years of age,
  2. You possess the legal authority to create a binding legal obligation,
  3. You will use this Website in accordance with this Agreement,
  4. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
  5. All information supplied by you on this Website is true, accurate, current and complete, and
  6. If you have a Hoperator account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Disputes

Hoperator is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns.  But if we are unsuccessful, you may pursue claims as explained in this section.


You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Hoperator Customer Support at support@hoperator.com.

If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify.  This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).  This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.  If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous.  You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Hoperator Legal: Arbitration Claim Manager, c/o Padda, Benner & Benner, LLC, 3915 Brannon Avenue, St. Louis, Missouri 63109.  If we request arbitration against you, we will give you notice at the email address or street address you have provided.  A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 100 N Broadway, St. Louis, MO 63102 or online at www.adr.org or at any AAA office. 
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.  The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website without Hoperator’s express consent. Additionally, you agree not to:

  1. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  6. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Hoperator cancelling any bookings associated with your name, email address, or account, and closing any associated Hoperator accounts. If you have conducted any fraudulent activity, Hoperator reserves the right to take any necessary legal action and you may be liable for monetary losses to Hoperator, including litigation costs and damages.  To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service at support@hoperator.com.

Supplier Rules and Restrictions

Separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, Hostel/Hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Hoperator debiting your account for any costs Hoperator incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

Privacy Policy

Hoperator believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Hoperator, to understand our practices: Privacy Policy

Usage Rights

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Hoperator users. 

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

Hoperator does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Hoperator a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://hoperator.com/legal/privacy/, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("Storage of Your Information"). 

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, comments posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Hoperator has the right to control (e.g. use, publish, remove) any content you submit without notice to you. Hoperator will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

Although it is Hoperator’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

You agree that you are responsible for all data charges you incur through use of the Service.
 
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. 
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to: 

Hoperator Legal: Website Notice, c/o Padda, Benner & Benner, LLC, 3915 Brannon Avenue, St. Louis, Missouri 63109. We will review and address all notices that comply with the requirements above.
 
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

Reservations

You acknowledge that Hoperator does not negotiate pricing on your behalf. All reservations or travel services offered are being offered by the hostel, hotel or tour operator. All room, bed and tour rates are priced directly by the supplier. When making a reservation through Hoperator, you are making a reservation for the total reservation price, which includes the room rate displayed, plus tax recovery charges, service fees, and where applicable. You agree that your credit card will be charged by Hoperator, the businesses merchant account or any other service used by the Hoperator to facilitate the transaction, for the total reservation price. 

Changes or Cancellations

Any changes or cancellations to reservations created through Hoperator must be authorized by the business that originated the reservation.
  
You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some Hostel/Hotels/Tour Operators do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Hostel/Hotels/Tour Operators reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid Hostel/Hotels/Tour Operators reservations.

In the event that a Hostel/Hotels/Tour Operator is unable to honor your booking, Hoperator will not be liable for any cost incurred due to relocation.

These terms and conditions may not be changed by any unauthorized person, including employees of Hoperator.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Hoperator urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, HOPERATOR DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Liability Disclaimer

THE SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE NOT AGENTS OR EMPLOYEES OF THE HOPERATOR COMPANIES, OR THE HOPERATOR AFFILIATES. THE HOPERATOR COMPANIES AND THE HOPERATOR AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE HOPERATOR COMPANIES AND THE HOPERATOR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
 
IN NO EVENT SHALL THE HOPERATOR COMPANIES, THE HOPERATOR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE HOPERATOR COMPANIES, THE HOPERATOR AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, the Hoperator Companies, the Hoperator Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Hoperator Companies, the Hoperator Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
 
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Hoperator Companies, the Hoperator Affiliates, and/or their respective suppliers.

Indemnification

You agree to defend and indemnify the Hoperator Companies, the Hoperator Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. Your breach of this Agreement or the documents referenced herein;
  2. Your violation of any law or the rights of a third party; or
  3. Your use of this Website.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Hoperator. 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. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on this Website

Any software that is made available to download from this Website ("Software") is the copyrighted work of Hoperator, Hoperator Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
 
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Hoperator Companies, Hoperator Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.  Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.  

  1. A clear identification of the copyrighted work you claim was infringed. 
  2. A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material. 
  3. Your address, email address and telephone number. 
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." 
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

You may send us your notice by email to Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:

         Hoperator
         Attn: IP/Trademark Legal Dept., DMCA Complaints
         c/o Padda, Benner & Benner, LLC
         3915 Brannon Avenue
         St. Louis, Missouri 63109

Counter Notices

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below.  You may want to seek legal counsel prior to doing so.  Please include the following details: 

  1. Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hoperator may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

You may send us your notice by email to Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:

         Hoperator
         Attn: IP/Trademark Legal Dept., DMCA Complaints
         c/o Padda, Benner & Benner, LLC
         3915 Brannon Avenue
         St. Louis, Missouri 63109

Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hoperator has adopted a policy of terminating, in appropriate circumstances and at Hoperator’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hoperator may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

General

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws.  Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. 

You agree that no joint venture, partnership, or employment relationship exists between you and the Hoperator Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Hoperator with respect to this Website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.