1 — Some of the words you’ll see have very specific meanings, so check out the “ONDA dictionary” at the end of these Terms.
A2. About these terms
1 — When you complete your Booking, you accept these Terms and any other ones that you’re provided with during the booking process. These Terms include an agreement to mandatory, binding individual arbitration, which means that you agree to submit most disputes related to our Platform, the use of the services on our Platform, or these Terms, to binding arbitration rather than proceeding in court. You may opt-out of this arbitration agreement only by following the procedures in A10 below. These Terms also include the waiving of any class action or jury trial.
2 — If anything in these Terms is (or becomes) invalid or unenforceable: it will still be enforced to the fullest extent permitted by law you will still be bound by everything else in the Terms.
3 — These Terms are laid out like this:
- Section A: General terms for all types of Travel Experiences.
- Section B: Accommodations
If there’s any discrepancy between general and specific terms, the specific terms will apply.
4 — The English version of these Terms is the original. If there’s any dispute about the Terms or any discrepancy between the Terms in English and another language, the Terms as they appear in English will apply.
A3. About www.stayonda.com
1 — When you book an accommodation through the Book Now link at www.stayonda.com or any other ONDA booking engine, Dos Conejos, Inc., a Delaware Corporation, provides and is responsible for the Platform, but not the Travel Experience.
A4. Our Platform
1 — We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.
2 — Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.
3 — We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
4 — Unless otherwise indicated, you need to be at least 16 to use the Platform.
1 — When you make a Booking, you agree to pay the cost of the Travel Experience, including any taxes and charges that may apply.
2 — Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, “non-rounded” price (although the actual difference will be tiny anyway).
3 — Obvious errors and misprints are not binding. For example, if you book a premium car or a night in a luxury suite that was mistakenly offered for $1, we may simply cancel that Booking and refund anything you’ve paid.
1 — The Service Provider’s specific payment and cancellation terms are communicated in the booking engine and are subject to change.
2 — In the absence of specific payment and cancellation terms, the following terms shall apply:
- A credit card will be taken at the time of booking.
- 120 hours prior to check-in time (typically 3pm local time), your credit card will be charged for the full amount of the stay. AT THIS POINT THE BOOKING BECOMES NON-REFUNDABLE FOR ANY REASON.
- Bookings made for stays commencing within the next 120 hours will be charged immediately upon booking.
- Failure to make payment, for any reason, 120 hours prior to check in will result in an immediate cancellation of your reservation.
3 — We’ll store your Payment Method details for future transactions after collecting your consent.
4 — The total payment amount is processed by Stripe on behalf of ONDA in the United States in U.S. Dollars. ONDA remits a portion of the total payment to the relevant Service Provider as follows:
- 20% of the cost of each Booking is retained by ONDA as compensation for the use of its website, booking engine, payment processing platform, technology platform, guest service platform, and other intellectual property.
- 80% of the cost of each Booking is remitted by ONDA to the Service Provider and represents the value of the services provided at the Service Provider’s physical location.
- If a Service Provider operates in a jurisdiction that has an electronic invoicing requirement, the provided electronic invoice for the stay will be only for the Service Provider’s portion of the Booking cost.
A7. Service Provider Policies
1 — All of our Service Providers are adults only properties. No guests under the age of 18 will be allowed to check in as hotel guests at any of our Service Providers. If you make a booking and arrive at a Service Provider, any guests under the age of 18 will be prohibited from checking in. NO REFUNDS WILL BE PROVIDED IN THIS CASE.
2 — If you think you won’t arrive on time, contact your Service Provider and tell them when they can expect you so they don’t cancel your Booking. If you’re late, we are not liable for the consequences (e.g. the cancellation of your Booking or any fees the Service Provider may charge).
3 — As the person making the Booking, you are responsible for the actions and behavior (in relation to the Travel Experience) of everyone in the group. You’re also responsible for obtaining their permission before providing us with their personal data.
4 — Our Service Providers require us to keep a credit card on file for all bookings. If you book for a group and we have your card on file, you are ultimately responsible for any room charges made by the entirety of the group.
5 — Our Service Providers add 1% to the total bill amount with proceeds going to a Community Improvement Fund for the community in which that Service Provider operates.
A8. Measures against unacceptable behavior
1 — We have the right to stop you from making any Bookings, to cancel any Bookings you’ve made, and/or to stop you from using our Platform, our Customer Service, and/or your Account. Of course, we’ll only do this if in our opinion there’s a good reason to, such as:
- fraud or abuse non-compliance with applicable laws or regulations
- inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter.
2 — If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we canceled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly canceled your Booking, contact our Customer Service team.
A9. Limitation of liability
1 — These terms limit only our liabilities under applicable law. Nothing in these terms will limit our (or the Service Provider’s) liability for our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. ONDA shall not be liable for any losses outside of the rights and responsibilities described in this section, unless said losses are caused by ONDA’s breach of these terms. As a non-limiting example, ONDA shall not be liable for any:
- indirect or consequential loss or damage
- loss of profits, use, data, revenues, business opportunities, or goodwill
- special, punitive, or exemplary damages
- inaccurate information about a Service Provider
- product, service, or action of a Service Provider or other business partner
- mistake in an email address, phone number, or credit card number (unless it’s our fault)
- force majeure or event beyond our control.
2 — If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law:
- we will not be liable for any costs you incur as a result, and
- you won’t be entitled to any refund.
3 — The cost of your Booking, shown in your confirmation email, is the most we, or any Service Provider, will be liable for, whether for one event or a series of events. These liability limitations shall apply to all forms of legal action, whether related to contract, tort, negligence, strict liability, or any other legal action.
4 — Unless expressly stated herein, ONDA makes no representations, warranties, or commitments related to Service Providers’ products or services. We accept no liability for ensuring that said products or services are appropriate for the client’s objectives. You alone assume responsibility for this. To the fullest extent permitted by law, ONDA disclaims all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose. ONDA does not warrant or make any representations that its website will operate error-free or uninterruptedly, that defects will be corrected, or that the website and/or its servers will be free of viruses and/or other harmful components. ONDA does not warrant or make any representations regarding suitability, availability, accuracy, reliability, or timeliness of any material of any kind on the website for any purpose, including software, services, information, text, and related graphics content. You agree that you will make use of the ONDA website and services at your own risk. You understand and accept that ONDA is not responsible or liable for any misuse or unauthorized use of its website or services, or for any consequences arising out of such misuse or unauthorized use.
5 — Just to be clear, nothing in these Terms will entitle any third party other than the Service Provider to anything.
A10. Arbitration agreement
Please read this arbitration agreement carefully. It may impact your rights. This agreement stipulates that most disputes shall be resolved through binding arbitration instead of through any legal actions. This arbitration agreement shall remain in effect after the termination of the Terms.
ONDA is committed to customer satisfaction. ONDA will make its best efforts to resolve all customer concerns or problems related to our services. Customers may pursue a claim against ONDA, as explained in this arbitration agreement, for any unresolved concern or problem. The arbitration agreement stipulates: (1) the initial process for you to follow in reporting your claim to ONDA prior to filing any arbitration or lawsuit in accordance with this arbitration agreement; and, if ONDA is unable to resolve your claim, (2) the recourse available to you in arbitration or, in limited circumstances, in court.
- Governing Law and Jurisdiction
ONDA and you agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. This arbitration agreement, and these Terms, are made under and will be governed by and interpreted in accordance with New York law, consistent with the Federal Arbitration Act, regardless of conflict of law rules. If New York law cannot be applied to the dispute in the customer’s jurisdiction due to applicable local law, then the laws of the jurisdiction’s country, state, or other place of residence will govern the dispute. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts. In cases where applicable local law prevents a dispute from being resolved in the New York courts, local courts shall have jurisdiction.
This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all disputes or Claims (as defined below) that may arise between us. By using this Platform, you agree that any and all Claims (as defined below) arising out of or relating to your use of this Platform, or other services provided by ONDA or by the support companies in connection with your use of this Platform (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration.
- Opt Out Procedure
Notwithstanding the above, you may opt out of this binding arbitration agreement within 30 days after this arbitration agreement comes into effect (the “Opt Out Deadline”). This will be the earliest of (a) the date you first used ONDA’s Platform, (b) the date you first used ONDA’s services, or (c) the date of your first transaction with ONDA. You may opt out of the arbitration agreement by sending ONDA a written notice to firstname.lastname@example.org with the message: “Arbitration — Opt-Out Notice”.
In order to validly terminate the arbitration agreement, ONDA must receive your opt out notice with the correct message, no later than 3 days after the Opt Out Deadline. You agree that you must pursue any and all Claims in arbitration if ONDA does not receive an opt-out notice from you, or if ONDA receives an opt-out notice from you more than 3 days after the Opt Out Deadline.
Nothing in this arbitration agreement shall be interpreted as creating any rights that do not otherwise exist under the law, or as constituting any waiver of any personal jurisdiction defense, nor shall this arbitration agreement give the customer the right to pursue any claim for relief that is not in compliance with the law.
- Pre-Dispute Resolution
Prior to initiating any dispute or Claim, as discussed further below, you must first give ONDA an opportunity to resolve any complaints by submitting them in writing via email to email@example.com (the “Internal Review Procedure”). Your message, beginning the Internal Review Procedure, must contain the following information: (1) your name, (2) address, (3) the email address used to make the reservation, (4) the reservation number, (5) the date of the reservation, (6) the name of the property reserved, (7) a brief description of the nature of the complaint, and (8) the resolution sought (together, the “Required Information”). Additionally, the message must start with “Request Under Arbitration Agreement.” If your message does not start with this text, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Internal Review Procedure shall be without effect, and must be reinitiated before any arbitration or other legal action against ONDA. This requirement is intended to inform ONDA that you have a dispute to be resolved. If ONDA does not resolve the complaint within 60 days of the initiation of the Internal Review Procedure, you shall be entitled to seek relief as stipulated in this arbitration agreement.
- Arbitration Procedure
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that ONDA shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by ONDA.
ONDA agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Claim is for less than $1,000, ONDA shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, ONDA will pay as much of the customer’s filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.
Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. The customer agrees that the arbitration will be conducted in the English language. For claims under
$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless the customer requests an in- person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. ONDA will ordinarily request that the hearing be held in New York, New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that, in the event of an in-person hearing, any ONDA employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. Any arbitration shall be confidential, and neither Party 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. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly related to that booking among you, ONDA, and the accommodation(s) that are the subject of your dispute with ONDA. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive.
- Arbitration Award
The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other ONDA customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and ONDA agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
- Exceptions to arbitration agreement
You and ONDA each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court.
- Class Action Waiver
In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN
THIS PARAGRAPH. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.
If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
- Jury Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
“Account” means an account through which you can book Travel Experiences on our Platform.
“Accommodation” means the provision of an accommodation service by a Service Provider (throughout Section B, “Service Provider” means the provider of the accommodation service).
“Booking” means the booking of a Travel Experience on our Platform, whether you pay for it now or later.
“ONDA” “us,” “we,” or “our” means Dos Conejos, Inc., a Delaware corporation
“Group Company” means an affiliate of ONDA.
“Payment Method” means the method (e.g. credit card, debit card, bank account, PayPal, ApplePay, etc.) used to make a payment or transfer money.
“Platform” means the website/app on which you can book Travel Experiences, whether owned or managed by Dos Conejos, Inc., Mews, Booking.com, Hostelworld, AirBnb, or by a third-party affiliate.
“Service Provider” means:
- In Costa Rica, ONDA CR Limitada, a Costa Rican Limited Liability Company.
“Terms” means these terms of service.
“Travel Experience” means one of the travel-related products or services on the Platform.