TERMS AND CONDITIONS

Welcome to Bid4Vacations.com! The Bid4Vacations.com Web site (the "Site"), currently located at http://bid4vacations.com; http://bid4vacation.com; and http://bidforvacations.com, is provided by Bid4Vacations.com, Inc. ("Bid4Vacations.com"). BY REGISTERING FOR BID4VACATIONS.COM'S SERVICES AND CLICKING ON THE "I ACCEPT AND AGREE" BUTTON LOCATED ON THE "CONFIRM YOUR BID" PAGE OR THE "CONFIRM YOUR PURCHASE" PAGE, WHICH IS PRESENTED TO YOU WHENEVER YOU BID ON AN AUCTION OR MAKE A DIRECT PURCHASE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS USER AGREEMENT (THE "USER AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, CLICK THE "RETURN TO AUCTION" OR "RETURN TO VACATION" LINK LOCATED ON THE "CONFIRM YOUR BID" OR "CONFIRM YOUR PURCHASE" PAGES AND DO NOT USE THE SITE.

Bid4Vacations.com may from time to time amend the User Agreement by updating this Web page. The amended User Agreement shall automatically be effective thirty (30) days after it is initially posted on our Site. Bid4Vacations.com may also add to, delete or change the Site, or any portion thereof, including any feature or service offered on or through the Site, at any time, without notice. If any amendment to the User Agreement or the Site is unacceptable to you, your only recourse is to terminate your use of the Site. Except as specifically provided herein, the User Agreement may not be otherwise amended except in a writing signed by both parties.

ELIGIBILITY

The services provided by Bid4Vacations.com are only available to individuals who can enter into and be bound by legal contractual obligations under applicable law. For example, the services provided by Bid4Vacations.com are only available to people eighteen years old or older. Additionally, employees of Bid4Vacations.com, its parent, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and members of the immediate family or household of each of the above are not eligible to participate. If you do not qualify, please do not use our services.

BID4VACATIONS.COM IS ONLY A VENUE

Bid4Vacations.com acts only as a venue for suppliers to conduct auctions and/or direct sales for users to bid on or buy such suppliers' travel and vacation packages. The actual transactions occur between users of the Site and suppliers of the travel and vacation packages (each a "Supplier"). Bid4Vacations.com is not engaged in the business of transporting people and is not the party providing or operating the travel and vacation packages available for auction on the Site. Bid4Vacations.com lists the travel and vacation packages as presented by the Supplier and Bid4Vacations.com has no control over, and is not responsible for, the quality, safety, or legality of travel and vacation packages advertised or listed for sale on the Site, the truth or accuracy of the listings (or associated uploaded files) or the ability or capacity of any Supplier to complete the transactions. In virtue of Bid4Vacations.com simply being a venue, you understand and agree that Bid4Vacations.com is not affirmatively recommending or establishing the reliability of travel and vacation Suppliers listed on the Site.

Link to Auction Process

Link to Direct Purchase Process

THE AUCTION PROCESS

Registration

In order to bid on any vacation or travel package on Bid4Vacations.com's Site, you are required to provide credit card information for billing purposes at the time such bid is made. This information shall include your real name, address, phone number, and valid credit card information. It is illegal to make bids in a false name, with an invalid or stolen credit card, or with a credit card that, during or after the bidding, is falsely claimed to have been stolen. If you commit any of these acts, you have placed yourself at substantial, personal legal risk. Even if you do not give us your real name, your Web browser transmits a unique Internet Protocol Address, with which police agencies, your local phone company, and the Internet Protocol Address owner can use to determine the phone number from which your bid originated. Fraudulent bidders will be prosecuted to the fullest extent of the law. If Bid4Vacations.com reasonably believes that you have engaged in fraudulent activity in connection with its Site, without restricting any other remedies, Bid4Vacations.com may immediately suspend or terminate your account.

Auction Listings

While Bid4Vacations.com makes every effort to be as accurate as possible in compiling information for auctions conducted on the Site, Bid4Vacations.com does not guarantee the accuracy, completeness or usefulness of any presentation made by an owner and/or operator of the travel or vacation packages listed for auction on the Site. Occasionally, information supplied to us may be inaccurate or may change during the course of the auction. You agree not to hold Bid4Vacations.com liable for any inaccurate auctions the Site may contain. PLEASE NOTE THAT BID4VACATIONS.COM RESERVES THE RIGHT TO REINVOICE YOU IN CASE OF AN ERROR MADE IN COMPUTING YOUR PRICE FOR ANY AUCTION YOU MAY BID ON AND/OR WIN.

Availability for auction items with specific Departure Dates is guaranteed. It is important to note that open Date Range packages are based on availability. Please read the Trip Details and Booking Restrictions sections (if applicable) for any auction item before bidding.

Binding Auction Bids

A bid is a legally binding offer to buy an item sold at auction. All bids are final and not retractable. The Supplier of the travel and vacation packages auctioned on Bid4Vacations.com's Site must sell the auctioned item to the highest bidder that meets or exceeds the minimum auction price. ALL WINNING BIDS ARE NON-RETRACTABLE, AND THE SALE OF THE TRAVEL AND VACATION PACKAGE IS FINAL AND NON-REFUNDABLE.

Bid4Vacations.com reserves the right, in its sole discretion, to cancel any bids that it deems not to be made in good faith. Bid4Vacations.com is not responsible for any bids "lost" due to technical problems or service interruptions.

If the highest bid is placed using your credit card, your credit card will automatically be billed in the amount of the bid. You are responsible for payment of all successful bids made using your credit card, as your card will be billed by Bid4Vacations.com, regardless of whether or not it is you who made the successful bid. Bid4Vacations.com does not take responsibility for lost or misused credit cards and/or third parties accessing a bidder's Internet account or username and password on the Bid4Vacations.com Site. You will be responsible for any bids or other actions that take place on the Site under your password, whether or not you are aware of such actions. If you believe that your password has been stolen or otherwise compromised, you should promptly contact Bid4Vacations.com so that Bid4Vacations.com may cancel the password and issue a new one.

You acknowledge and agree that, in the event you are the successful bidder and Bid4Vacations.com is unable, for any reason, to charge and collect the full price of your successful bid to your credit card, Bid4Vacations.com shall have the right to charge and collect any amount less than your successful bid from your credit card and to collect any difference between the amount of your successful bid and the lesser amount charged and collected from your credit card by any lawful means available.

Auction Lot Modifications

Bid4Vacations.com reserves the right in its sole discretion without notice to cancel any auction, close auctions early, or extend auctions beyond the posted closing times. Posted closing times and displays of Bid4Vacations.com current time are approximate.

Auction Vacation Package Changes

Bid4Vacations.com will charge $50 for any changes made to your confirmed vacation package. You may also incur additional charges based upon the vacation provider's change policy, which are strictly out of Bid4Vacations.com's control.

Credits Solely Within Bid4Vacations.com Discretion

On occasion, Bid4Vacations.com may in its sole discretion grant a credit for the amount of a successful bid to allow the successful bidder to transfer that credit for a new bid on a travel and vacation package of equal or greater value on the Site. If the travel and vacation package is of greater value, then the bidder is responsible for the difference between the amount of its successful bid and the amount of the credit. Bid4Vacations.com will generally consider issuing a credit only in emergency situations such as the death of the successful bidder, the successful bidder's traveling companion, or immediate family members. It is worth re-iterating that Bid4Vacations.com's decision to issue such credits is solely within its own discretion and is not reviewable by a court or otherwise.

Travel Fulfillment for Auction

In the event that you are the winning bidder, you must respond to the confirmation email within 72 hours of the date of the email in order to secure your vacation package. Bid4Vacations.com assumes no responsibility for incorrect e-mail addresses entered upon user registration. Not responding within the 72 hours greatly reduces your chances of traveling on your desired dates.

THE DIRECT PURCHASE PROCESS

Registration

In order to purchase any vacation or travel package on Bid4Vacations.com's Site, you are required to provide credit card information for billing purposes at the time such purchase is made. This information shall include your real name, address, phone number, and valid credit card information. It is illegal to make purchase under a false name, with an invalid or stolen credit card, or with a credit card that, during or after the purchase, is falsely claimed to have been stolen. If you commit any of these acts, you have placed yourself at substantial, personal legal risk. Even if you do not give us your real name, your Web browser transmits a unique Internet Protocol Address, with which police agencies, your local phone company, and the Internet Protocol Address owner can use to determine the phone number from which your purchase originated. Fraudulent buyers will be prosecuted to the fullest extent of the law. If Bid4Vacations.com reasonably believes that you have engaged in fraudulent activity in connection with its Site, without restricting any other remedies, Bid4Vacations.com may immediately suspend or terminate your account.

Buy Now Listings

While Bid4Vacations.com makes every effort to be as accurate as possible in compiling information for items for sale on the Site, Bid4Vacations.com does not guarantee the accuracy, completeness or usefulness of any presentation made by an owner and/or operator of the travel or vacation packages listed for sale on the Site. Occasionally, information supplied to us may be inaccurate or may change during the course of the sale. You agree not to hold Bid4Vacations.com liable for any inaccuracies the Site may contain. PLEASE NOTE THAT BID4VACATIONS.COM RESERVES THE RIGHT TO REINVOICE YOU IN CASE OF AN ERROR MADE IN COMPUTING YOUR PRICE FOR ANY VACATION YOU MAY PURCHASE.

Availability for buy now items with specific Departure Dates is guaranteed. It is important to note that open Date Range packages are based on availability. Please read the Trip Details and Booking Restrictions sections (if applicable) for any buy now item before bidding.

Buy Now Changes

Bid4Vacations.com reserves the right in its sole discretion without notice to cancel any buy now item.

Travel Fulfillment for Buy Now

Upon selecting up to three travel dates of a vacation package for sale, the Vacation Services department of Bid4Vacations.com will check the availability of your chosen dates and you will be notified as soon as confirmation is received by the vendor. Bid4Vacations.com assumes no responsibility for incorrect e-mail addresses entered upon user registration.

OTHER FEES AND CHARGES

Some packages on auction or for direct sale may include other charges such as port charges or hotel taxes. You will find these listed in the "Taxes and Other Fees" section on each auction or buy now page. Additionally, Bid4Vacations.com applies US$14 booking fee per vacation package.

CHANGE AND CANCELLATION POLICY

Bid4Vacations.com will charge $50 for any changes made to your vacation package regardless of whether it was won via auction or purchased directly via buy now. Bid4Vacations.com will in its sole discretion grant a cancellation with a charge of $100.00 regardless of whether it was won via auction or purchased directly via buy now. Additionally, you may incur extra charges from the vacation providers should you change or cancel your vacation package.

NO WARRANTIES

THE SITE AND THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BID4VACATIONS.COM SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER SUBJECT TO THIS USER AGREEMENT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE.

BY WAY OF EXAMPLE ONLY AND WITHOUT ANY LIMITATION TO THE FOREGOING, BID4VACATIONS.COM MAKES NO WARRANTY OR GUARANTEE OF ANY KIND THAT THIS SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE ACCESSIBLE, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. BID4VACATIONS.COM IS NOT RESPONSIBLE FOR BIDS OR BUYS THAT ARE NOT ACCEPTED OR PROCESSED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN THE EVENT THAT YOU HAVE A DISPUTE WITH A SUPPLIER OF THE TRAVEL AND VACATION PACKAGE SUCCESSFULLY BID UPON AT AUCTION OR PURCHASED DIRECTLY, YOU AGREE TO RELEASE BID4VACATIONS.COM FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND ARISING FROM OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. BID4VACATIONS.COM'S INVOLVEMENT IN PRICING, QUALITY, PAYMENT OR ANY OTHER DISPUTES BETWEEN USERS OF THE SITE AND THE OWNERS OR OPERATORS OF TRAVEL AND VACATION PACKAGES LISTED ON THE SITE SHALL BE LIMITED TO PROVIDING EACH PARTY, UPON REQUEST, WITH THE CONTACT INFORMATION OF THE OTHER PARTY.

IN NO EVENT SHALL BID4VACATIONS.COM BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS), ARISING OUT OF OR RELATED TO THIS USER AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BID4VACATIONS.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BY WAY OF EXAMPLE ONLY AND WITHOUT ANY LIMITATION TO THE FOREGOING, BID4VACATIONS.COM ASSUMES NO LIABILITY FOR INJURY, DISCOMFORT, DAMAGE, LOSS, ACCIDENT, DELAY, DIVERSION, CANCELLATION, OVER-BOOKING, LOST OR DAMAGED BAGGAGE, FREQUENT FLYER PROGRAM DISPUTES, OR ANY OTHER IRREGULARITY RELATED TO YOUR TRAVEL AND VACATION PACKAGE AND BID4VACATIONS.COM IS NOT RESPONSIBLE FOR ANY ORDINARY RISKS AND HAZARDS ASSOCIATED WITH TRAVEL, SUCH AS STANDARDS OF HYGIENE, CUISINE, SANITATION, MEDICAL TREATMENT, TELECOMMUNICATIONS SERVICES, POLITICAL INSTABILITY, TERRORIST ACTIVITY, WAR, SOCIAL OR LABOR UNREST, CIVIL DISTURBANCES, ARBITRARY CHANGES IN GOVERNMENT POLICIES, CLIMATIC CONDITIONS OR MILITARY ACTIVITY.

BID4VACATIONS.COM'S LIABILITY TO YOU AND ANY THIRD PARTIES ARISING OUT OF OR RELATED TO THIS USER AGREEMENT OR THE USE OF THE SITE SHALL BE LIMITED TO $100U.S. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

LINKS TO THIRD-PARTY SITES

Bid4Vacations.com's Site may contain hyperlinks to Web sites operated by parties other than Bid4Vacations.com. Such hyperlinks are provided for your reference only. Bid4Vacations.com does not operate or control such Web sites or any information, products or services on such sites and is not responsible for such sites or their contents. Bid4Vacations.com's inclusion of hyperlinks to such Web sites should not be construed by you as an endorsement or sponsorship of the Web site or any products, services or information offered at such sites. You acknowledge and agree that your access or use of any such linked site is at your own risk.

PROPRIETARY RIGHTS

You acknowledge that all content included on this Site, such as text, graphics, logos, button icons, images, photographs, audio clips, data, typefaces, designs, and software (which includes HTML code), is owned by Bid4Vacations.com and/or its content suppliers and is protected by United States and international copyright, trademark, service mark, and patent laws. All rights reserved. The collection, arrangement and assembly of all content on this Site is the exclusive property of Bid4Vacations.com and is protected by United States and international copyright, trademark, service mark, and patent laws. The content on this Site may be used solely as a bidding resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. Violators will be prosecuted to the maximum extent possible.

LICENSE

By entering into this User Agreement and bidding on or purchasing an item, you grant Bid4Vacations.com a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, right to exercise all copyright and rights of publicity over the material displayed in your bids or purchases in any medium.

INDEMNITY

You agree to defend, indemnify and hold Bid4Vacations.com, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or you violation of this User Agreement.

PRIVACY POLICY

It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy, which you may view at http://www.bid4vacations.com/privacy.jsp (the "Privacy Policy"), is incorporated herein by reference. By accepting the terms and conditions of this User Agreement, you expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.

SWEEPSTAKES

Bid4Vacations.com may run sweepstakes or other promotions on this Site as a service to you. Participation in any such sweepstakes or other promotion shall be subject to our sweepstakes rules, which may be viewed at http://www.bid4vacations.com/sweepstakes_terms.jsp, which are incorporated herein by reference (the "Sweepstakes Rules"). Bid4Vacations.com may change the Sweepstakes Rules at any time by posting the amended rules on the Web page specified in the preceding sentence and such amended rules shall automatically be effective thirty (30) days after they are initially posted. Your participation in any sweepstakes or other promotion following any such amendment constitutes your agreement to follow and be bound by the Sweepstakes Rules as amended. If any amendment is unacceptable to you, your only recourse is to terminate your participation in all sweepstakes and other promotions.

TERMINATION

clean hotel ZandvoortBid4Vacations.com, in its sole discretion, may without notice immediately terminate this User Agreement, access to the Site, or any current auctions or direct purchases and may remove and discard any content within the Site, for any reason, including, without limitation, lack of use of the Site. You agree that Bid4Vacations.com shall not be liable to you or any third-party for any termination of the Site, your access to the Site, termination of any auction or direct purchase or any removal of any content from the Site.

GENERAL PROVISIONS

Governing Law and Venue

The performance of this User Agreement shall be governed by the laws of the state of Colorado, without giving effect to any principles of conflicts of laws. You and Bid4Vacations.com agree to submit to the exclusive jurisdiction over all disputes hereunder under an appropriate state or federal court located in the state of Colorado.

No Agency

Bid4Vacations.com is not the agent, fiduciary, trustee, partner, or other representative of you, and nothing contained in this User Agreement shall imply the creation of any such relationship.

Severability

If any provision of this Agreement, or portion thereof, shall be declared invalid, the remaining provisions shall nevertheless remain in full force and effect.

Notice

Bid4Vacations.com may send notices to you from time to time by email or regular mail. If you wish to be removed from our mailing list, please visit the My Account section of the Site at http://www.bid4vacations.com/myaccount.jsp. Select the option that allows you to edit your contact information and choose "No" where you are asked if you would like to receive Bid4Vacations.com's eNewsletter. However, please be aware that Bid4Vacations.com may occasionally contact you for administrative purposes, to notify you about important changes to the Site or to respond to your email inquiries, even if you unsubscribe from our mailing list.

Waiver

The failure of Bid4Vacations.com to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

Entire Agreement

This User Agreement, the Privacy Policy and the Sweepstakes Rules constitute the entire agreement between you and Bid4Vacations.com and supercede and replace any prior agreements, whether written or oral, between you and Bid4Vacations.com.