Latest update: June 2012
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND ACTIVITIES (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS AND ACTIVITIES. YOU UNDERSTAND AND AGREE CRFYOR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND GUESTS, NOR IS CRFYOR A BROKER, AGENT OR INSURER. CRFYOR HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS AND ACTIVITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“CRFYOR Content” means all Content that CRFYOR makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and CRFYOR Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member/Client/Visitor who requests a booking of an Accommodation or Activity via the Site, Application or Services, or a Member who stays at an Accommodation or engages in the Activity and is not the Provider for such Accommodation or Activity.
“Provider” means a Hotel/Property/Tour operator or a service provider of any kind with a listing via the Site, Application and Services.
“Listing” means an Accommodation or Activity that is provided as available for rental via the Site, Application, and Services.
“Member” means a person who completes CRFYOR’s account registration process, or website general visitor including, but not limited to Providers and Guests, as described under “Account Registration” below.
“Member Content” means all Content about a Hotel/Property/Tour Operator or a service provider of any kind, posts, uploads, publishes, submits, texts, pictures and logos that are made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Fees: mean the fee we charge to process any reservation, CCH or CC: the credit card fee we charge if the Member want to pay with credit card. All values and charges will be always present to the client before we process the credit card for the member approval.
In Case of Conflict
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE
IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
CRFYOR reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of hotels, motels or similar lodgings for rent (“Accommodations”) and various forms of activities sponsored by tour providers or dining (“Activities”). Such Accommodations and Activities are included in Listings on the Site, Application and Services by Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or Activity or create a Listing, you must first register to create a CRFYOR Account (defined below). or send an email at
and wait for a confirmation via email.
As stated above, CRFYOR makes available a platform or marketplace with related technology for Guests and Providers to meet online and arrange for bookings of
Accommodations and Activities. CRFYOR is not an owner, provider or operator of Activities, Accommodations, transportation or travel services. CRFYOR’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, CRFYOR is not a contracting agent or representative of any Provider. Nor is CRFYOR a tour operator. Instead, CRFYOR’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto. CRFYOR will take care of the reservation process. The guests will email us or will fill our online reservation forms, personalized for each separate provider. We will reply with the verify availability from the provider to the client, we will charge a final cost to the client, RACK RATE and deposit to the provider the NET RATE agreed between we and the service provider.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS AND ACTIVITIES. CRFYOR CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS OR ACTIVITIES. CRFYOR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, ACCOMMODATIONS AND ACTIVITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and Application, and to book (but not mandatory) an Accommodation, Activity or create a Listing, you must register to create an account (“CRFYOR Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register by sending us an email or complete our online reservation formularies.
Accommodation and Activity Listings
All Accommodation or Activity listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and Activity and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations and Activities must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation or Activity via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation or Activity, the price for such booking may not be altered by the provider.
We will post all Accommodation and Activities from different parts of Costa Rica, in case you want your listing/information removed you must request and email:
you must send a list of links/urls you want to remove.
You acknowledge and agree that you are solely responsible for any and all Listings you post, the information you allowed us to take from your website via email authorization or any other information sent to us via email. Accordingly, you represent and warrant that any Listing you post and the booking thereof (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation or Activity included in a Listing you post and (b) not conflict with the rights of third parties. Please note that CRFYOR assumes no responsibility for a Provider’s compliance with any applicable laws, rules and regulations.
You understand and agree that CRFYOR does not act as an insurer or as a contracting agent for, or representative of, you as a Provider, and if a Guest requests a booking of your Accommodation or Activity and stays at your Accommodation or engages in your Activity, any agreement you enter into with such Guest is between you and the Guest and CRFYOR is not a party thereto. Please note that CRFYOR reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that CRFYOR, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. When you create a Listing, you may also select a cancellation and refund policy. Once the selection is made, the particular policy becomes part of the Listing.
CRFYOR recommends that Providers obtain appropriate insurance for their Accommodations or Activities. Please review any insurance policy that you may have for your Accommodation and Activities carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation and Activity, if applicable) while at your Accommodation.
CRFYOR does not endorse any Members, Activities or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the CRFYOR Provider Guarantee Terms and Conditions (“CRFYOR Provider Guarantee”), which is an agreement between CRFYOR and Providers, we will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from CRFYOR with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Booking and Financial Terms
Booking and Financial Terms for Providers
If you are a Provider and a booking is requested for your Accommodation or Activity via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by CRFYOR at its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking. (ii) If you are unable to confirm or decide to reject a booking of an Accommodation within such 24-hour period, any amounts collected by CRFYOR for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. Refunds may take several weeks to be processed and we take no responsibility if the amount do not get refunded by our or guest financial institution. If the guests is not satisfy with the service provided or refund process, the guest must contact his financial institution to request and cancelation of the amount charged. When you confirm a booking requested by a Guest, CRFYOR will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes, Reservations and Credit Card transaction fees may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Provider’s Accommodation are the “Accommodation Fees”. Please note that it is CRFYOR and not the provider which determines the Accommodation Fees.
Please note that CRFYOR does not currently charge fees for the creation of Listings. However, you acknowledge and agree that CRFYOR reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that CRFYOR will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
The Providers, not CRFYOR, are solely responsible for honoring any confirmed bookings and making available any Accommodations or Activities reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Provider for the booking of an Accommodation or Activity, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation or Activity imposed by the Provider. You acknowledge and agree that you, and not CRFYOR, will be responsible for performing the obligations of any such agreements, and CRFYOR is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Accommodations and Activities will specify the Fees. As noted above, the Provider is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by CRFYOR in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by CRFYOR will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable. Refunds may take several weeks to be processed and we take no responsibility if the amount do not get refunded by our or the guest financial institution. If the guests is not satisfy with the service provided or refund process, the guest must contact his financial institution to request a cancelation of the amount charged. When you confirm a booking requested by a Guest, CRFYOR will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
CRFYOR will charge an accommodation and or credit card transaction fee along the with the mandatory taxes. As a member you are free to contact us prior payment is process and request a break down of the total fees you been charged.
General Booking and Financial Terms
Cancellations and Refunds
Full payment of the accommodation must be received in order to make a reservation. Please note a reservation is not considered confirmed until a 100% deposit has been received. Upon receipt of your payment, you will receive a reservation confirmation.
No credit or refunds will be given in whole or in part for days not used resulting from late arrival or premature departure. In case of a cancellation, 50% of the TOTAL booking fee will be returned with at least 45 days notice minus 20% of the total to be refunded due bank and administrative fees. Notice must be received in writing by email or fax. There will be no refund for cancellations made 44 or fewer days prior to the arrival date. There are NO REFUNDS for Christmas/New Year's bookings from Dec. 21st to January 3rd. Given our need to adhere to the above cancellation policy, we HIGHLY RECOMMEND TRAVEL/TRIP CANCELLATION INSURANCE.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services, Content of photo screens for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an CRFYOR Guest or Provider;
offer, as a Provider, any Accommodations or Activities that you do not yourself own or have permission to offer;
register for more than one CRFYOR Account or register for an CRFYOR Account on behalf of an individual other than yourself;
when acting as a Guest or otherwise, recruit or otherwise solicit any Provider or other Member to join third party services or websites that are competitive to CRFYOR, without CRFYOR’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
use the Site, Application and Services to find a Provider or Guest and then complete a booking of an Accommodation or Activity independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to CRFYOR’s provision of the Services;
as a Provider, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor; or
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, CRFYOR’s name, any CRFYOR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CRFYOR’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, CRFYOR’s computer systems, or the technical delivery systems of CRFYOR’s providers;
attempt to probe, scan, or test the vulnerability of any CRFYOR system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CRFYOR or any of CRFYOR’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of CRFYOR and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, CRFYOR grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. CRFYOR reserves all rights in the Application not expressly granted to you by these Terms.
CRFYOR Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, CRFYOR grants you a limited, non-exclusive, non-transferable license, to (i) access and view any CRFYOR Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CRFYOR or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to CRFYOR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through or by means of the Site, Application and Services. CRFYOR does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to CRFYOR the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CRFYOR’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that CRFYOR is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CRFYOR of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
CRFYOU may or may not buy personalized domain names with the only purpose to individualize and personalize the look and information of each different accommodation, properties, tour operators or any other service provider.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CRFYOR used herein are trademarks or registered trademarks of CRFYOR. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at
or through the “Contact” (www.thecostaricashuttle.com section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of CRFYOR and you hereby irrevocably assign to CRFYOR and agree to irrevocably assign to CRFYOR all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At CRFYOR’s request and expense, you will execute documents and take such further acts as CRFYOR may reasonably request to assist CRFYOR to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
CRFYOR respects copyright law and expects its users to do the same. It is CRFYOR’s policy to terminate in appropriate circumstances the CRFYOR Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and CRFYOR Account Cancellations
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your CRFYOR Account.
IF YOU CHOOSE TO USE THE SITE, AND APPLICATION, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CRFYOR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CRFYOR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CRFYOR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CRFYOR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF CRFYOR TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRFYOR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR GUESTS. YOU UNDERSTAND CRFYOR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY ACCOMMODATIONS AND ACTIVITIES. CRFYOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS AND ACTIVITIES VIA THE SITE, APPLICATION AND SERVICES. NEITHER CRFYOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION OR ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRFYOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Payments and Jurisdictions
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE CRFYOR PROVIDER GUARANTEE, IN NO EVENT WILL CRFYOR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION OR ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY CRFYOR TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRFYOR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold CRFYOR and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Accommodation or Activity, (iii) creation of a Listing or (iv) the use of an Accommodation or participating in an Activity by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Accommodation or participation in an Activity.
These Terms constitute the entire and exclusive understanding and agreement between CRFYOR and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations or Activities made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CRFYOR and you regarding bookings or listings of Accommodations or Activities, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without CRFYOR’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CRFYOR may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CRFYOR (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and CRFYOR agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CRFYOR are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CRFYOR otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of CRFYOR to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CRFYOR. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact CRFYOR at
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Identity theft and the practice currently known as "phishing" are of concern to CRFYOR. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your CRFYOR Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
CRFYOR may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All Members may review, update, correct or delete al the Information by contacting us at
or editing the relevant part of their profile. If you would like us to cancel your CRFYOR Account or delete information, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained. Please note that, if you cancel your CRFYOR Account or information, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Policy Toward Children
The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at
If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
DMCA Notice of Alleged Infringement ("Notice")
. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
. Provide your mailing address, telephone number, and, if available, email address.
. Include both of the following statements in the body of the Notice:
o "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
o "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to