Website Terms of Use

Last updated: September 12, 2023

Melanated Luxury Travel LLC, dba "Melanated Vacations" (referred to as "Melanated Vacations", "we", "our", or "us") is an independent travel agent located in California. When we say "you" or "your" we mean any user of our website, https://www.melanatedvacations.com/ (the "Site") and any person who has notice of these Terms of Use. By accessing the Site, you agree to be bound by the following terms and conditions (the "Terms of Use"). If you do not agree to these Terms of Use, you may not access or use the Site.

IMPORTANT: THIS TERMS OF USE CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MELANATED VACATIONS ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY THAN IN COURT AND APPELLATE REVIEW.

1. ACCEPTANCE OF TERMS. By using the Site, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Site is unauthorized. By accessing or using the Site, you also acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Site.

2. PRIVACY. Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.

3. USE OF SITE. You may use our Site only for lawful purposes and in accordance with these Terms of Use. You may not use our Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate Melanated Vacations, a Melanated Vacations employee, another user, or any other person or entity; (e) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms of Use, without our express prior written consent or unless otherwise allowed in these Terms of Use; (f) reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; (g) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain ours express prior written consent to do so; (h) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information or content made available on the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as solely determined by us, may harm Melanated Vacations or users of the Site, or expose them to liability.

You certify that the information you provide on or through the Site is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. We are not responsible for any losses arising out of the unauthorized use of your account. You agree that we do not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment methods on the Site. You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may: (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

4. INTELLECTUAL PROPERTY. The content and materials on our Site, including but not limited to trademarks, service marks, trade names, logos, text, graphics, images, software, and the arrangement of these items (collectively, "Melanated Vacations Content"), are owned by Melanated Vacations or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Melanated Vacations Content on our Site, except as follows: (a) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (b) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features. No license, right, title, or interest in the Site or any content on the Site is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the content on the Site.

5. LINKS TO THIRD-PARTY SITES. The Site may contain links to third-party websites or resources. These links are provided for your convenience only and do not imply any endorsement, sponsorship, or recommendation of the third party or its information, products, or service by Melanated Vacations of the linked website or resource or any association with its operators. We have no control over the contents of those linked websites or resources. We accept no responsibility for those linked websites or resources and or for any loss or damage that may arise from your use of those linked websites or resources. We cannot guarantee the performance of any goods and services on those linked websites or resources. If you decide to access any of the third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and/or resources, including but not limited to its privacy policy.

6. FILTERING. This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. We do not endorse any of the products or services listed on such site.

7. DISCLAIMER OF WARRANTIES. Your use of our Site is at your sole risk. Our Site is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, regarding the operation, functionality, content, use or the results of our Site, including without limitation its accuracy, completeness, reliability, or usefulness. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. without limiting the foregoing, we disclaim any and all warranties, express or implied, for any merchandise offered. You acknowledge that, to the fullest extent provided by applicable law, your use of the Site is at your sole risk. This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Site and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, we are not responsible for any loss or damage to your property or data that results from any materials you access or download from the Site. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

8. LIMITATION OF LIABILITY. To the fullest extent permitted by law, Melanated Vacations shall not be liable for any damages whatsoever arising out of or in connection with the use of the Site or the information contained therein. We shall not be liable to you or any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability or otherwise, for any indirect, special consequential, or incidental losses or damages of any nature, including but not limited to lost profits or revenues, business interruption, loss of data or loss of goodwill, even if we are advised of the possibility of such damages or should have known of the possibility of such damages. We have no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Subject to the foregoing, to the fullest extent provided by applicable law, we will not be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six month period preceding the date on which the claim arose.

9. INDEMNIFICATION. You agree to indemnify and hold Melanated Vacations and its officers, directors, employees, and agents (the "Indemnified Parties") harmless from any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another. Furthermore, you agree to indemnify and hold the Indemnified Parties harmless from and against any and all liabilities, claims, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms of Use. In addition, you are solely responsible for any and all information you make available, and you agree to indemnify and hold harmless the Indemnified Parties for all claims resulting from any and all information you make available.

10. DISPUTES AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

A. Arbitration Agreement. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND US AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

B. Class Action and Mass Action Waiver. YOU AND US AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and us each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred arbitration Demands with common questions of law or fact against us within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against us for you. If the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Arbitration Agreement in these Terms of Use other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

C. Initiating a Demand for Arbitration. Any arbitration required by the Arbitration Agreement shall be initiated by you or us by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to us at: 22713 Alice Street, Hayward, CA 94541. The Demand must include: (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

D. Filing a Demand for Arbitration. A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to these Terms of Use. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

E. Conduct of Arbitration. In any arbitration of a dispute or claim that is subject to the Arbitration Agreement: 

1. You or us may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or video conference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of us shall attend all arbitrator calls, conferences, and hearings.

4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

6. The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

7. You or us may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

11. MODIFICATION OF TERMS. Melanated Vacations may revise and update these Terms of Use at any time in its sole discretion. All changes to these Terms of Use are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The “Last Updated” legend above indicates when these Terms of Use were last changed.

12. GOVERNING LAW. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

13. TERMINATION. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all content downloaded or otherwise obtained from the Site, as well as all copies of such content, whether made under these Terms of Use or otherwise. The sections of these Terms of Use that by their nature would continue beyond the expiration, termination or cancellation of these Terms of Use shall survive the expiration, termination or cancellation of these Terms of Use.

14. GENERAL PROVISIONS. These Terms of Use represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 9 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. CHANGES TO THIS TERMS OF USE. We may update Our Terms of Use from time to time. We will notify You of any changes by posting the new Terms of Use on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Terms of Use periodically for any changes. Changes to this Terms of Use are effective when they are posted on this page.

16. CONTACT US. If you have any questions about these Terms of Use, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting this page on our Site: https://www.melanatedvacations.com/contactus

Terms & Conditions and Planning Fee Agreement

Thank you for choosing Melanated Vacations as your travel agent. Please read these Terms and Conditions and Planning Fee Agreement carefully before using our services. By accessing or using our website, booking our services, or interacting with us in any way, you agree to comply with the following terms and conditions. Please read this Agreement carefully before proceeding with any travel arrangements.

This Terms & Conditions Agreement (the "Agreement") constitutes a legally binding agreement between Melanated Luxury Travel LLC, doing business as "Melanated Vacations" (referred to as "we," "us," or "our") and the customer or client (referred to as "you" or "your") for the services we provide. 

NOW THEREFORE, in consideration of the mutual covenants, terms and conditions and agreements 

hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. AGREEMENT TO TERMS

By accessing our website, engaging with our services, or making a booking, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as any additional guidelines, rules, or policies displayed on our website.

2. SERVICES

We are an independent travel agent company that assists clients in travel planning, booking and travel-related services including, but not limited to flights, accommodations, transportation, and tours. We act as an intermediary between you and various travel service providers. We strive to provide accurate information, but we cannot guarantee the accuracy, completeness, or reliability of the content on our website or the services provided by third-party providers. We do not permit those under 18 years old to use our services. If you disagree with any part of this Agreement then you may not access our services. 

The invoice issued by us represents the total amount due for the services provided, including but not limited to planning fees, flights, accommodations, transportation, and tours.

The following are the services we may provide to you:

(a) Intermediary Services: In some of our services, we act as an intermediary between you and various travel service providers. In this role, while we strive to provide accurate information, we cannot guarantee the accuracy, completeness, or reliability of the content on our website or the services provided by third-party providers.

(b) Hosted Trip Services: In some of our services, we promote "hosted" trips which include, but are not limited to itineraries vendors or other third-parties create. For these hosted trips, we will have at least one of our representatives in attendance for the hosted trip to help ensure everything on the hosted trip is going smoothly. Hosted trips do not require you to pay a Planning Fee.

Hosted trips are posted on our website. If you would like to join a particular hosted trip, then you may sign up for that hosted trip on our website.

3. SCOPE OF SERVICES

We will provide the Services based on the information and preferences provided by you via your submitted Vacation Request Form. The scope of services may include, but is not limited to researching travel options, booking transportation and accommodations, and providing travel recommendations before and during travel.

4. BOOKING AND PAYMENTS

(a) Bookings: All travel bookings are subject to availability and the terms and conditions of the respective travel service providers. By making a booking through us, you confirm that you have read and agreed to the terms and conditions imposed by the relevant travel service provider. We strongly recommend reviewing and understanding the relevant travel service provider’s terms and conditions before confirming your booking with us.

(b) Payments and Payment Due Date: Prices displayed on our website are quoted in U.S. dollars unless otherwise specified. You are responsible for the timely payment of all bookings and associated fees. The total amount specified on the invoice is due and payable by the due date indicated on the invoice. Late payments may be subject to late fees or penalties as specified in this Agreement.

(c) Payment Methods: Payment methods accepted by us may include credit cards, debit cards, or other payment options as indicated on our website. You authorize us to charge the payment method provided for the total amount due. If payment is made by credit card, you understand that a 3.5% + $0.30 processing fee will be applied to all charges made to your credit card. If payment is made by ACH transfer, you understand that a 2.5% processing fee will be applied to all charges paid by ACH transfer.

(d) Pricing and Changes: Prices displayed on our website are subject to change without notice until the booking is confirmed and paid for. We reserve the right to correct any errors in pricing or information and to cancel or refuse any booking at our sole discretion. Once a booking is confirmed by us, the price is guaranteed, unless there are any changes to taxes, fees or surcharges imposed by the supplier or government. If there are any changes or additional charges imposed by relevant travel service providers after your booking is confirmed, we will inform you as soon as possible.

5. CANCELLATIONS, MODIFICATIONS, AND REFUNDS

(a) Cancellations and Modifications: Cancellation and modification policies vary depending on the relevant travel service providers and cancellation and/or modification may incur fees or penalties. All cancellation and modification requests must be made in writing by you and sent to us via email at travel@melanatedvacations.com with your invoice number, full name, and date of travel. If you do not receive an acknowledgment by us within 48 hours, please call (415) 830-6687 to ensure your cancellation or modification information was received. We will make reasonable efforts to assist you with cancellations or modifications, but we cannot guarantee that all cancellations or modifications can be accommodated. Additional charges, fees, or non-refundable amounts may apply to any cancellations or modifications. We strongly recommend that you purchase travel insurance to protect yourself against any unforeseen circumstances that may cause you to cancel or modify your trip.

Please note that name changes to airline reservations are subject to full cancellation and re-booking. Replacing a traveling passenger with another traveling passenger constitutes a cancellation, subject to cancellation penalties, and is not covered by this Section 5. Changes or additions after departure are subject to local rates at the time of amendment and must be paid directly by the passenger to the relevant service provider. We will not refund you for any and all unused services.

(b) Refunds: Refunds for any and all cancellations or modifications are subject to the terms and conditions of the respective travel service providers. We will assist you in processing refund requests but cannot guarantee the outcome or timeline of the refund process. Refunds are typically issued

to the original form of payment used for the booking.

6. TRAVEL INSURANCE AND TRAVEL DOCUMENTS

(a) Travel Insurance: We highly recommend obtaining travel insurance to protect yourself against unforeseen circumstances, such as trip cancellations, interruptions, or medical emergencies. It is your responsibility to review and understand the coverage, terms, and conditions of any insurance policy you purchase.

(b) Travel Documents: Pursuant to TSA Secure Flight requirements, guests are required to make reservations in the full name that is listed on his/her government document for travel, date of birth, gender, address, phone number, email and fax data for all passengers. It is solely your responsibility to ensure that you possess the necessary travel documents, such as passports, visas, health certificates, or any other required documentation. Passports are required to be valid for at least 6 months after the date of travel. Some countries require a full blank “VISA” page in the passport for stamping purposes. Any information provided on travel description pertains to US citizens only. Non-US citizens should check with the respective consulate of the country(s) to be visited for current entry requirements. We are not responsible for any issues or costs resulting from your failure to comply with these requirements.

7. GROUP HARMONY

We, at our sole discretion, reserve the right to reject or expel any individual who is deemed disruptive or incompatible with the interests of the group including, but not limited to, individuals who are intoxicated and/or under the influence of drugs or individuals who are otherwise, in our sole discretion, leading to a negative experience for the remainder of the group “Expelled Individual”. Any and all expenses including, but not limited to cancellation fees and/or costs for alternate travel plans or costs and expenses for the Expelled Individual to return home, will solely be borne by the Expelled Individual and all unused services will be non-refundable.

8. CHILDREN

All children under 18 must be accompanied by an adult. The minimum age for children on most tours is 6 months old, unless otherwise noted in writing. Discounts for children may apply, as determined by the relevant travel service provider. Adults accompanying children are responsible for the safety of their children including, but not limited to providing any necessary safety equipment (such as infant/child seats) where appropriate. If a person under the age of 18 years old will be traveling with an adult other than his/her parents, or with only one parent, then a notarized letter which includes, but is not limited to stating the dates and itinerary of travel, must be written by the parents or the non-traveling parent which grants authorization for the person under the age of 18 years old to travel.

9. TRAVELERS WITH DISABILITIES

In order to fully enjoy your trip, we recommend that you select an itinerary that is suitable to your physical capabilities. Participants requiring any form of assistance including, but not limited to travelers with physical disabilities or sight or hearing impairments, are required to notify us prior to booking your reservation for our review and agreement. Additionally, the participant must be accompanied by an individual who is responsible for providing those services needed by the participant. Us, tour managers, tour directors, guides, drivers or other tour, hotel, ship personnel are not able to provide participants with any such assistance. In order to participate in escorted tours, participants must be able to understand and follow any and all instructions given by the tour managers, tour directors, guides, drivers or other tour, hotel, ship personnel or any other person similarly situated at all times both for the successful operation of the tour as well as for the participant’s personal safety. We reserve the right to reject participation or remove any individual from a tour if the participant does not provide us with prior written notification and/or when, in our sole judgment, continued participation would significantly hinder the services to be provided to all guests. Expenses, including but not limited to cancellation fees and/or costs for alternate travel plans or costs and/or expenses for the participant to return home, will be the sole responsibility of the participant. Escorted tours are often fast paced and often require lengthy walks over uneven terrain. In the interests of group harmony, participants must be able to maintain the pace of the tour. Participants with special needs may be better served independently and we can suggest touring options based upon a participant’s specific requirements if we are asked by the participant in writing before the services are booked.

10. LIMITATION OF LIABILITY

(a) Limitation of Liability: We are not liable for any special, incidental, indirect, or consequential damages whatsoever resulting from any negligence or any act or omission of any supplier, vendor or third-party who is providing services to you (including, but not limited to damages for loss of profits, loss of data or other information, for any delay or interruption in travel, for personal injury or death, for any loss or damage to personal belongings, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier, vendor or third-party has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

(b) Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, or expenses, whether directly or indirectly, arising out of or related to your use of our services or your breach of this Agreement.

11. PLANNING FEE

(a) Planning Fee: You agree to pay a planning fee to us for our services (“Planning Fee”). The Planning Fee is non-refundable and due upon signing this Agreement.

(b) Your Responsibilities: You agree to provide us with accurate and complete information regarding travel preferences, budget, disabilities (if any) and any other relevant details necessary for us to provide you with the services.

(c) Planning Fee Amounts: The Planning Fee amounts are as follows:

Please note: We do not offer flight-only services; flights can be arranged by us with the purchase of lodging 

1. Hotel only: Services include booking a hotel only:

• 1-4 guests: $25 USD Planning Fee

• 5+ guests: $50 USD Planning Fee

2. Regular Vacation/Cruise: Services include booking a flight, hotel/cruise, excursions, etc.:

• 1-4 guests: $50 USD Planning Fee

• 5-9 guests: $75 USD Planning Fee

• 10+ guests: $100 USD Planning Fee

3. Romance/Special Occasions:

• Honeymoon: $75 USD Planning Fee

• Wedding & Special Occasions: Please contact us to the Planning Fee

• Corporate/Retreat Planning: Planning Fee starts at $250 USD. Please contact us for more details.

We offer special discounts for students, teachers, military, seniors (age 55+), and non-profit organizations. Please contact us for more details.

12. LICENSE TO USE PHOTOGRAPHS, VIDEOS AND AUDIO

We may take videos, pictures and/or audio of you after you have purchased our services (“Content”). You specifically give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content. We may alter and composite the Content without restriction and without your inspection or approval. You hereby release us and our associates from all claims and liability relating to the Content.

13. CREDIT CARD AUTHORIZATION FORM

We understand that booking travel can be a significant investment. To make the process as easy as possible, we accept credit card payments for our services. However, to ensure the security of your credit card information and protect against unauthorized charges, we require that all credit card transactions be authorized in writing using our Credit Card Authorization Form which will be provided to you.

By completing and submitting the Credit Card Authorization Form we provide to you, you are authorizing us to charge your credit card for the services indicated on the Credit Card Authorization Form. These charges are non-refundable and will be processed immediately upon our receipt of the Credit Card Authorization Form. 

You understand that any charges to your credit card will be in the currency of the country in which the transaction occurs, and that currency exchange rates may apply.

By electronically signing this Agreement, you acknowledge that you have read and understand this Agreement, that you are providing my consent for us to charge your credit card directly for any travel arrangements made on your behalf including, but not limited to any Planning Fee and you are authorizing us to charge your credit card directly for the services indicated on the invoice we provide to you. These charges will be processed immediately upon our receipt of the invoice we provide to you. You certify that you are an authorized user of this credit card and that you will not dispute the payment with your credit card company, so long as the transaction corresponds to the terms indicated on this invoice.

To protect your personal and financial information, we take the following measures:

• We use secure servers to process and store your credit card information.

• We use the personal data you disclose about yourself on the Credit Card Authorization Form only for the purpose of processing your requested travel purchase. We retain your personally identifiable data only as long as the processing requires.

• We limit access to your credit card information to authorized personnel only.

• We do not share any of your personal data with any third-party except for the purpose of completing your purchase, and then only with third-party travel providers and credit card processors who protect and only process your personal data for the limited purpose of your purchase.

Please note that in the event that your credit card is declined or unable to be processed for any reason, we will contact you to resolve the issue. If we are unable to resolve the issue, we reserve the right to cancel your reservation or booking. All rates are subject to restrictions, availability and change. Please visit www.melanatedvacations.com/legal for our website’s Terms and Conditions and other applicable policies.

Following the completion of your travel that is the subject of this transaction, your personal information shall be securely destroyed unless we are required by law to retain it, and then it will be retained only for that limited legally required purpose.

If you have any questions or concerns regarding our Credit Card Authorization Policy, or for complete details regarding the protection of your personal information, please do not hesitate to contact us or review our Privacy Policy posted at www.melanatedvacations.com/legal. We are committed to providing you with a safe and secure travel booking experience.

14. PRIVACY POLICY AND OTHER POLICIES

Please refer to our Privacy Policy and all other policies or ours that are located on our website at https://www.melanatedvacations.com/legal for information regarding the collection, use, and protection of your personal data. Your access to and use of our services are also conditioned on your acceptance of and compliance with our Privacy Policy and all of our other policies that are located on our website at https://www.melanatedvacations.com/legal. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our services or our website and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy and all other policies or ours that are located on our website at https://www.melanatedvacations.com/legal carefully before using our service or our website.

15. INDEPENDENT CONTRACTOR

The relationship of the parties hereunder shall at all times be that of independent contractors. Each party to this Agreement shall be an independent contractor and neither party shall be deemed to be an employee, employer, agent, partner or co-venturer of the other party due to the terms and provisions of this Agreement. For the avoidance of all doubt, neither party nor any of its employees, partners, officers or agents shall have any right, power or authority to bind the other party in any manner whatsoever except at the express prior written instruction from the other party. 

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State

of California, without regard to its conflict of laws principles.

17. DISPUTES AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

(a) Arbitration Agreement: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU AND US AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in this Agreement.

(b) Class Action and Mass Action Waiver: YOU AND US AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and us each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred arbitration Demands with common questions of law or fact against us within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in this Agreement. Nothing in this Agreement precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against us for you. If the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Arbitration Agreement in this Agreement other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Agreement, and the remainder of the Agreement shall be enforceable to the maximum extent permitted by law.

(c) Initiating a Demand for Arbitration: Any arbitration required by the Arbitration Agreement shall be initiated by you or us by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to us at: 22713 Alice Street, Hayward, CA 94541. The Demand must include: (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

(d) Filing a Demand for Arbitration: A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to this Agreement. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by this Agreement. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

(e) Conduct of Arbitration: In any arbitration of a dispute or claim that is subject to the Arbitration Agreement: 

1. You or us may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or video conference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of us shall attend all arbitrator calls, conferences, and hearings.

4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

6. The arbitrator will follow this Agreement and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

7. You or us may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

18. ATTORNEYS’ FEES AND COSTS

Should any dispute arise out of or in connection with this Agreement, including, but not limited to, a dispute regarding the enforcement of any of its terms, the prevailing party in such dispute, as determined by a court of competent jurisdiction or arbitrator or mediator, as the case may be, shall be entitled to an award of its reasonable attorneys’ fees and other costs incurred in connection with such dispute, in addition to any other relief.

19. ASSIGNMENT

We shall have the right to assign this Agreement to any third-party of our choosing without your prior consent. You shall have the right to assign this Agreement only with our prior written consent.

20. MODIFICATIONS TO TERMS AND CONDITIONS

We reserve the right to modify, update, or replace this Agreement at any time upon prior written notice sent to you. Your continued use of our services after any modifications signify your acceptance of the updated terms and conditions.

21. FORCE MAJEURE

We shall not be liable for any failure or delay in performance of our obligations under this Agreement due to circumstances beyond our reasonable control including, but not limited to acts of God, war, civil unrest, terrorism, natural disasters, or other unforeseeable events.

22. INTERPRETATION

This Agreement shall be construed as if drafted jointly by the parties hereto. In the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.

23. WAIVER

The waiver by either party of a breach of or a default under any provision of this Agreement shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power, privilege or remedy that it has or may have hereunder operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other further exercise of any such right, power, privilege or remedy hereunder.

24. SEVERABILITY

If any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision(s) shall be deemed modified to the extent necessary to make such provision(s) enforceable, and the remaining portions hereof shall remain in full force and effect and shall be enforced to the maximum extent possible so as to effect the intent of the parties, and shall in no way be affected, impaired or invalidated.

25. AUTHORITY; NOT RESTRICTED

The parties each represent and warrant to the other that this Agreement has been duly authorized, executed and delivered by and on behalf of each party hereto and constitutes the valid and binding agreement of the parties in accordance with the terms hereof. Further, each party represents and warrants that the person signing on behalf of the party has the express power and authority to bind their party to this Agreement.

26. BENEFICIARIES

This Agreement shall insure to and be binding upon the parties and their respective successors and assigns.

27. CONTACT US

If you have any questions about this Agreement, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting our website: https://melanatedvacations.com/contactus

Privacy Policy

Last updated: September 12, 2023

Melanated Luxury Travel LLC, dba "Melanated Vacations" (referred to as "Melanated Vacations", "we", "our", or "us") is an independent travel agent located in California. When we say "you" or "your" we mean any user of our website, https://www.melanatedvacations.com/ (the "Website"), any user of our Service, and any person who has notice of this Privacy Policy. 

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the Service and tells you about your privacy rights and how the law protects you. We use your Personal Data to provide and improve the Service. By accessing the Website and/or using the Service, you agree to be bound by the following privacy policy (the "Privacy Policy"). If you do not agree to this Privacy Policy, you may not access or use the Website and/or Service.

1. DEFINITIONS

For the purposes of this Privacy Policy:

• "Account" means a unique account created for You to access our Service or parts of our Service.

• "Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• "Application" refers to Melanated Vacations, the software program provided by the Company.

• "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• "Country" refers to California, United States

• "Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• "Personal Data" is any information that relates to an identified or identifiable individual.

• "Service" refers to the Application or the Website or both.

• "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

2. TYPES OF DATA COLLECTED

A. Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• Commercial information including, but not limited to purchase and transaction history information, and travel and vacation information

• Demographic information including, but not limited to age, gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information.

• Financial information including, but not limited to credit or debit card numbers, and financial account numbers.

• Background information including, but not limited to background and criminal information, such as background checks and criminal convictions

• Inferences including, but not limited to individual preferences and characteristics and inferences drawn therefrom.

• Usage Data

B. Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include, but is not limited to information such as your Device's internet protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically including, but not limited to the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers, your browsing or search activity as well as your interactions with our Service and other diagnostic data. We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

3. COLLECTION OF YOUR PERSONAL DATA

We may obtain and combine Personal Data from different sources, collected online and offline including, but not limited to information from third-party sources across different types of technology and devices.

A. Provided Directly by You or a Member of Your Household

When you visit our Service, you may share different types of Personal Data with us when you engage in the activities below:

• Conduct a transaction on our Service, or request a service where we collect information (including when required by law).

• Create an account on our Service.

• Request customer service or contact us

• Interact with various types of technologies, applications and features.

• Use features of our Service that enable us, with your consent, to access the camera, microphone, or contacts on your computer or mobile Device to provide you with functionality, such as voice search, scanning bar codes for online search, or importing your mobile contacts. You must give us your permission before we access these features, and you can opt out of providing access to them at any time by adjusting the settings on your Device.

B. Collected Through Automated Means

We may obtain Personal Data about you such as Device and online identifiers and internet or other network activity information via automated means through your use of technology, such as when you visit our Service, or click on advertisements or links in emails you receive from us.

Also, depending on your Device’s settings, we may collect precise geolocation information. You can control our ability to do this by adjusting the location-sharing settings on your Device at any time. You also may adjust your Device’s Bluetooth settings to disable the sharing of Bluetooth location-related data.

C. Obtained from External Third-Party Sources

We may obtain Personal Data about you from other sources to help us correct or supplement our records, improve the quality or personalization of our services, increase the appeal and relevance of advertising, and to prevent or detect fraud. We also may obtain Device and browsing information, from third parties for marketing purposes.

D. Collected from Another Solution or Asset

For example, when you call us, we collect your Personal Data using call recording technology in accordance with applicable law.

4. TRACKING TECHNOLOGIES AND COOKIES

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.

• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. You can learn more about cookies here: www.allaboutcookies.org.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us

Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies
Administered by: Us

Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.

For more information about the Cookies we use and your choices regarding Cookies, please visit our Cookies Policy.

5. USE OF YOUR PERSONAL DATA

We may use Personal Data for the following purposes:

• Performing Service, including but not limited to monitoring the usage of our Service, maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, or providing similar services.

• To Manage Your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.

• For the Performance of a Contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Service.

• To Contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To Provide You with: news, advertising and marketing services, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information.

• To Manage Your Requests: To attend and manage your requests to Us.

• For Business Transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Service users is among the assets transferred.

• Security and Fraud: Helping to ensure security and integrity and prevent fraud.

• Debugging: Debugging to identify and repair errors.

• Legal Reasons: Fulfilling our legal functions or obligations

• For Other Purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

We may share your Personal Data in the following situations:

• Within Our Corporate Family of Companies: We may disclose your Personal Data with other companies within our corporate family for them to use in ways that are consistent with this Privacy Policy.

• With Service Providers: We may share your Personal Data with Service Providers to monitor and analyze the use of our Service, to contact you.

• For Business Transfers: We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

• With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

• With Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.

• With Other Users: when you share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

• With Your Consent: We may disclose your Personal Data for any other purpose with your consent.

6. RETENTION OF YOUR PERSONAL DATA

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

7. TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at our operating offices and in any other places where the parties involved in the processing are located. This means that this information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Data.

8. DELETE YOUR PERSONAL DATA

You have the right to delete or request that we assist in deleting the Personal Data that we have collected about you. Our Service may give you the ability to delete certain information about you from within the Service.

You may update, amend, or delete your information at any time by signing in to your Account, if you have one, and visiting the account settings section that allows you to manage your Personal Data. You may also contact us to request access to, correct, or delete any Personal Data that You have provided to us.

Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.

9. DISCLOSURE OF YOUR PERSONAL DATA

A. Business Transactions

If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

B. Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

C. Other Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation.

• Protect and defend our rights or our property.

• Prevent or investigate possible wrongdoing in connection with the Service.

• Protect the personal safety of users of the Service or the public.

• Protect against legal liability.

10. SECURITY OF YOUR PERSONAL DATA

The security of your Personal Data is important to us, but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. 

11. CHILDREN'S PRIVACY

As a general rule, our Service is designed for a general audience and is not directed to children under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from our servers. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent's consent before we collect and use that information. Please contact us if you have concerns regarding the potential collection of your child’s information.

12. LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. We strongly advise you to review the privacy policy of every site you visit because their privacy practices are not covered in this Privacy Policy.

13. ANTI-CORRUPTION DUE DILIGENCE SUMMARY

This Anti-Corruption Due Diligence Summary describes the types of personal and business information that we collect as part of the anti-corruption due diligence process, how we may use the information, protect it, and with whom we may share it.

A. Information We Collect and How We Use It

Before engaging any contractor or supplier that falls within the definition of a third party intermediary, we conduct due diligence including the collection of information, the specific purpose of which is to: (i) assess the anti-corruption risks associated with each potential donation recipient, contractor or supplier (together known as “Candidate”) for compliance with our legal obligations, specifically to determine if a Candidate represents a risk of non-compliance with the Foreign Corrupt Practices Act (FCPA); (ii) evaluate, select, and approve or reject the Candidate; (iii) communicate with Candidates; (iv) where required, to assess the suitability of suppliers providing specialist services; (v) monitor compliance with our anti-corruption process; and (vi) obtain legal advice from external legal advisers (when applicable). For successful Candidates, these checks will be refreshed every 2 years.

This due diligence will include:

(1) Completion of a Candidate questionnaire that, where applicable, requires information such as:

• Candidate’s personal and business information (information that personally identifies the Candidate and their business and qualifications).

• Contact information for the individual(s) responsible for the business relationship between Candidate and us, including name, year of birth, country of residence, telephone number and email address.

• Information relating to the services provided.

• Information relating to any sub-contractors, subsidiaries and/or related parties (e.g., partnerships, sister companies, joint ventures), third parties, intermediaries, or other persons or entities the Candidate will engage when providing services, including name, year of birth, country of residence, telephone number and email address.

• Information relating to owners, partners or shareholders of companies Candidate will engage when providing services, including name, year of birth, country of residence, citizenship, ownership percentage and indication of whether they are associated with a government entity or political party or campaign.

• Reference information (company and individual contact information for Candidate’s references);

• Information regarding any formal charges or convictions against the Candidate, its trustees, officers, or its executives, including bribery or corruption related violations.

(2) Searches on the internet or other public sources of information (e.g. public data registries).

To the extent you have provided personal information about another individual in connection with this questionnaire, you must provide assurance that you have obtained their written consent for us to process their information as outlined within this Privacy Policy and you agree that you will maintain a record of all these consents and provide them upon request.

B. Information We Share

We may share the information you provide with our domestic and international affiliates for the purposes described above. We will act as the data controller in relation to its compliance activities and will capture the information required for the purposes outlined above.

We may also share the information you supply with third parties who perform services for us or with whom we contract for the purposes described in this Privacy Policy. These third-party service providers are given the information that they need to perform their designated functions and are prohibited from using or disclosing your personal or business information for unrelated business purposes. These service providers are instructed to process the data in accordance with any applicable legal requirements regarding data protection and data security.

We may disclose your information in other special circumstances. These include situations when the sharing is necessary to protect the safety, property, or our other rights, our customers, our associates, or any other person, or where otherwise required by law. For example, we may be required to disclose your information as is required by law pursuant to lawful requests such as subpoenas, court orders, or when we believe disclosure is necessary or appropriate in connection with an investigation of reasonably suspected or actual criminal activity.

C. Information We Transfer

We may transfer the personal and business information we collect to other countries where we do business, which may not have the same data protection laws as the country in which you reside. We have taken steps to provide an adequate level of protection in accordance with applicable data protection laws in the countries in which we operate.

We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of us or as part of a corporate reorganization or stock sale or other change of corporate control.

D. How We Protect Personal Information

We require that our service providers maintain reasonable administrative and technical security safeguards to protect against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, use, and other unauthorized or unlawful forms of processing of the personal information you provide.

E. How Long Do We Keep Your Information

We keep Candidate’s information for as long as it’s required for the purposes described in this Anti-Corruption Due Diligence Summary. Personal information related to due diligence checks, either in hard copy or electronically, is kept for five (5) years or as otherwise required by law or Company policy, from the date that the last related action occurred.

F. Your California Privacy Rights

California residents should refer to the Section 14 of this Privacy Policy for more information about our privacy practices and their California privacy rights.

14. CALIFORNIA RESIDENT’S PRIVACY RIGHTS

This section uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations.

A. What Are the Categories of Personal Information Collected?

We may collect or receive (and may have collected or received during the 12-month period prior to the Last Updated date of this California Resident’s Privacy Rights) the categories of personal information listed below. Not all categories will be collected or received for every individual.

• Identifiers: Personal identifiers, such as name, telephone number, physical address, email address, national identification numbers, driver’s license numbers, and signatures.

• Device Information and Online Activity: Device and online identifiers, keystroke patterns indicative of human or bot website/app usage, mobile and web network activity and related information (such as Mac address, IP address, cookie IDs, browser activity, and other information associated with your browsing history), and social media information.

• Commercial Information: Purchase and transaction history information (such as products or services you have purchased, rented, or returned), health and safety-related information, product testimonials, travel and vacation information, and competition entries.

• Communications: Communication details (such as the content of emails, text messages, or other communications), call logs, and calendar information where we are a party to the exchange.

• Demographic Information: Demographic information, such as age (including information about children under the age of 13 with respect to certain purchases and services, gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information, and family health.

• Financial Information: Financial information, such as credit or debit card numbers, financial account numbers, and claims information.

• Geolocation: Location information, such as geolocation information.

• Background Information: Background and criminal information, such as background checks and criminal convictions.

• Inferences: Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors

• Sensitive Personal Information: Government-issued identifiers (such as social security, driver’s license, state identification card, or passport number), account log-in and financial information (such as payment card details), and precise geolocation.

B. What Are the Categories of Sources from Which We Collect Your Personal Information?

We may obtain and combine personal information from different sources, as described in the Privacy Policy and provided below:

• Provided directly by you or a member of your household.

• Collected from a Device associated with you or your household.

• Collected from another company within our family of companies.

• Collected from an external third-party source.

• Collected from another solution or asset.

• Collected from other sources, when it is appropriate, to help us correct or supplement our records, improve the quality or personalization of our services, increase the appeal and relevance of advertising, and to prevent or detect fraud.

C. What Are the Purposes for Collecting Personal Information?

We may use your personal information for the purposes described in the Privacy Policy and as provided below:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services.

• Providing advertising and marketing services, including targeted advertising.

• To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance.

• Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us.

• Helping to ensure security and integrity and prevent fraud.

• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them.

• Debugging to identify and repair errors.

• To conduct business analysis, such as analytics, projections, identifying areas for operational improvement.

• To conduct research and development, including undertaking internal research for technological development and demonstration.

• To fulfill our legal function or obligations.

We use sensitive personal information for each of the purposes described above and to make inferences about customers, which we may use to promote certain products or services.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

D. Sale and Sharing of Personal Information

We may sell or share personal information with third parties for various purposes including cross-context behavioral advertising or sharing among our affiliated entities. These kinds of disclosures may be deemed selling or sharing personal information under California law and you have the right to opt out of these disclosures. We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this California Resident’s Privacy Rights) the following categories of personal information to the following categories of third parties:

Category of Personal Information Sold or Shared: Identifiers

Category of Third-Party Recipient: Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

Category of Personal Information Sold or Shared: Device Information and Online Activity

Category of Third-Party Recipient: Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Information Sold or Shared: Demographic Information

Category of Third-Party Recipient:

• Business partners that receive data for their own independent use and not to provide services to us 

• Service providers that receive data to provide services to us (e.g., analytics providers, advertising networks, cloud storage providers, etc.)

• Business partners

Category of Personal Information Sold or Shared: Geolocation

Category of Third-Party Recipient: Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Information Sold or Shared: Inferences

Category of Third-Party Recipient:

• Business partners that receive data for their own independent use and not to provide services to us 

• Service providers that receive data to provide services to us (e.g., analytics providers, advertising networks, cloud storage providers, etc.)

• Business partners

E. Sale or Share of Personal Information of Consumers under 16 Years of Age

We do not knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age. For more information about treatment of children’s personal information, see the Privacy Policy.

F. Disclosing Personal Information for Business Purposes

During the 12-month period prior to the Last Updated date of this California Resident’s Privacy Rights, we may have disclosed your personal information with certain categories of third parties as described in the Privacy Policy and disclosed below:

• Demographic information

• Device and online identifiers

• Financial information

• Individual preferences and characteristics

• Location information

• Personal identifiers

• Purchase history information

• Background and criminal information

• Characteristics of protected classifications under California or federal law

• Education information

• Employment information

• Government identifiers

• Health and health insurance information

• Internet, application, and network activity

G. How Long Do We Retain Your Personal Information?

We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Policy or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or our internal policy. We dispose of the information we collect in accordance with our retention policies and procedures.

H. What Are Your California Privacy Rights?

If you are a California resident, you can make certain requests regarding your personal information, and we will fulfill each request to the extent required by law. If we are unable to comply with your request in whole or in part, we will notify you with reasons for the denial.

As stated in more detail below, you can request that we:

• Provide you with access to a copy of and certain details regarding the personal information we have about you.

• Delete your personal information.

• Stop selling your personal information or sharing your personal information for cross-context behavioral advertising.

• Correct your inaccurate personal information.

• Limit the use or disclosure of your sensitive personal information (SPI).

To exercise any of these privacy rights, please contact us.

I. Request to Access My Personal Information

You have the right to request access to the personal information we may have collected about you. To access your personal information, please contact us.

Requests to access your personal information may be submitted up to two times in a rolling twelve-month period. In response, we will return to you the following categories of information, to the extent required by law:

• The categories of personal information we have collected about you.

• The categories of sources from which we collect your personal information.

• The business or commercial purpose for collecting, selling, or sharing your personal information.

• The categories of third parties to whom we disclose personal information.

• The specific pieces of personal information we have collected about you.

• A list of categories of personal information that we have sold or shared for cross-context behavioral advertising, along with the categories of third parties we sold it to or shared it with for cross-context behavioral advertising.

• A list of categories of personal information that we have disclosed for a business purpose, along with the categories of third parties we disclosed it to.

J. Delete My Personal Information

You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct our service providers to do the same. Choosing to delete your personal information may impact your ability to use our websites and online features, including closure of your online account, and limit your use of in-store functions that require your personal information. To delete your personal information, please contact us.

K. Stop Selling or Sharing My Personal Information

You have the right to opt-out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising and can request that we stop by contacting us.

Your opt-out request may be processed differently depending on whether you are logged into your account. If you are logged in, your preference will be associated with your account, and the Device on which you exercised your choice. When you log in from another device or browser, it too will be automatically opted out. If you are not logged into your account, your request will only be associated with that one browser. We also support your use of the Global Privacy Control (GPC). If you notify us of your privacy preferences through GPC, we will honor your request with respect to the browser or device that sends us the GPC signal, and when you login to your account from that device, the opt-out will extend to your account, as well.

If you change your preference from opt-in to opt-out, you may be asked to confirm your preference prior to it taking effect. After opting out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising, you may still receive ads from us, however they will not be tailored to you.

L. Correct My Personal Information

You have the right to ask that we correct the personal information we may have collected about you if that information is inaccurate. We reserve the right to request identifying documentation from you in certain circumstances, as permitted by law. To correct your personal information, please contact us.

M. Limit the Use and Disclosure of SPI

You have the right to ask that we limit our use and disclosure of your SPI to certain purposes permitted by law and can do so by contacting us.

We will not discriminate against you for exercising your rights. We will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Some programs or membership services require usage of personal information to function, so compliance with your request may impact those experiences.

N. How Do We Verify Your Identity to Complete Your Access, Correction and Deletion Requests

If you request access to, or the correction or deletion of, your personal information we will verify your identity before disclosing the requested information. To do so, we may ask that you log into your account or provide us with your:

• First name, middle initial (if applicable), last name

• Address

• Email address

• Phone number

When you make a request, you will be asked to answer a few questions about yourself to help us verify your identity. Third-party identification services may help us with verification to prevent disclosure of your personal information resulting from fraudulent requests. In the event more documentation is necessary to verify your identity, we will notify you directly.

O. What If You Can’t Verify My Identity?

If we can’t verify your identity, we will notify you, and your request(s) to access, request, or delete your personal information may not be processed. Any requests may be denied if we have reason to believe they are fraudulent.

P. How Do I Submit a Request Using an Authorized Agent?

If you would like an authorized agent to exercise your rights for you, they may use the same links described above to submit requests. We require documentation demonstrating your agent’s authority to submit requests on your behalf. For example, a valid power of attorney or other documentation, including a letter, signed by you (the California resident) authorizing the agent to submit your requests. You can download a sample letter from the request form. Documentation may be uploaded at the time you submit your request to our email at legal@melanatedvacations.com. If you submit your request by calling, you can email your forms to legal@melanatedvacations.com.

Q. Number of Requests Received

To view metrics about our privacy requests, please contact us.

R. Shine the Light

California residents also have the right to request that we provide you with: (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and (b) the identity of those third parties. To exercise this right, please contact us.

S. Notice of Financial Incentive

If we provide a financial incentive, we will provide you with the details, including how the incentive is related to your data before you participate so that you may make an informed decision about whether and how to participate. In the event you decide to take advantage of a financial incentive, you will always have the right to withdraw from participation and we will provide you with directions on how to do so.

T. Contact Us

If you have any questions about this California Resident’s Privacy Rights, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting this page on our website: https://melanatedvacations.com/contactus

15. COLORADO RESIDENT’S PRIVACY RIGHTS

This section applies solely to Colorado consumers who interact with us in an individual or household capacity. This section uses certain terms that have the meaning given to them in the Colorado Privacy Act (the “CPA”).

A. Collection, Use and Sharing of Personal Data

We may collect, use and share Personal Data as described in the chart below. For more information on the categories of personal data we collect, please see the Privacy Policy.

Category of Personal Data: Identifiers

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? No

Sold or Shared:

• Service providers (such as advertising networks, analytics providers, etc.) Business partners that provide services to us but also uses for their own purposes

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Device and Online Identifiers

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Debugging to identify and repair errors

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? Yes

Sold or Shared:

• Business partners that receive data for their own independent use and not to provide services to us

• Service providers (such as advertising networks, analytics providers, etc.)

Category of Personal Data: Internet and Other Network Activity Information

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• To conduct auditing and monitoring of transactions and engagement

Used for Targeted Advertising? No

Sold or Shared: Service providers (such as advertising networks, analytics providers, etc.)

Category of Personal Data: Commercial Information

Processing Purpose(s): 

• Conducting research and development

• Fulfilling our legal functions or obligations

• Performing and providing advertising and marketing services

• Performing services

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? Yes

Sold or Shared:

• Service providers that receive data to provide services to us (e.g., analytics providers, advertising networks, cloud storage providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Communications

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? No

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Demographic Information (certain of which may include sensitive data as defined by the CPA)

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• Recruiting and employment purposes

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? Yes

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Financial Information

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• Recruiting and employment purposes

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? No

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Geolocation

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• Recruiting and employment purposes

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? No

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Background Information

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• Recruiting and employment purposes

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? No

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Category of Personal Data: Inferences

Processing Purpose(s): 

• Conducting business analysis

• Conducting research and development

• Fulfilling our legal functions or obligations

• Helping to ensure security and integrity and prevent fraud

• Performing and providing advertising and marketing services

• Performing services

• Recruiting and employment purposes

• To conduct auditing and monitoring of transactions and engagement

• Undertaking activities to verify or maintain the quality or safety of our services or devices

Used for Targeted Advertising? Yes

Sold or Shared:

• Service providers (such as advertising networks, marketplace sellers, analytics providers, etc.)

• Business partners that receive data for their own independent use and not to provide services to us

Processing Purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage or providing similar services.

• Performing and providing advertising and marketing services, including targeted advertising.

• To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance.

• Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us.

• Helping to ensure security and integrity and prevent fraud.

• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them.

• Debugging to identify and repair errors.

• Conducting business analysis, such as analytics, projections and identifying areas for operational improvement.

• Conducting research and development, including undertaking internal research for technological development and demonstration.

• Fulfilling our legal functions or obligations.

• Recruiting and employment purposes.

We do not knowingly process personal data from children under the age of 13. We also do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers, as defined in the CPA.

B. Your Colorado Privacy Rights

If you are a Colorado consumer who interacts with us in an individual or household capacity (and not in a commercial or employment context), you may have the right to: (1) request access to, correction of or deletion of your personal data; and (2) opt-out of the processing of your personal data for purposes of targeted advertising or the sale of your personal data. In addition, you may have the right to obtain your personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the personal data to another entity.

C. How to Submit a Request

To request access to, correction of or deletion of your personal data, please contact us. To opt-out of the processing of your personal data for purposes of targeted advertising or the sale of your personal data, please contact us.

To submit an opt-out request as an authorized agent on behalf of a consumer, please contact us. If you submit a request through an authorized agent, we may ask for your written permission or a power of attorney. Where you provided your authorized agent with written permission, we may require that you also verify your identity.

D. How We Verify Your Identity To Complete Your Requests

If you request access to, or the correction or deletion of, your personal information we will verify your identity before disclosing the requested information. To do so, we may ask that you log into your account or provide us with your:

• First name, Middle initial (if applicable), Last name

• Address

• Email address

• Phone number

When you make a request, you will be asked to answer a few questions about yourself to help us verify your identity. Third-party identification services may help us with verification to prevent disclosure of your personal information resulting from fraudulent requests. In the event more documentation is necessary to verify your identity, we will notify you directly.

E. How to Submit an Appeal

You may appeal our decision with respect to a request you have submitted by contacting us.

F. Contact Us

If you have any questions about this Colorado Resident’s Privacy Rights, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting this page on our website: https://melanatedvacations.com/contactus

16. CONNECTICUT RESIDENT’S PRIVACY RIGHTS

Connecticut residents can exercise the following rights by contacting us::

• Request to Access My Personal Data.

• Delete My Personal Data.

• Correct My Personal Data.

• Opt Out of the Processing of My Personal Data for Purposes of Targeted Advertising.

• Opt Out of the Sale of My Personal Data.

If we decline to take action on one of your rights as a Connecticut resident, you can submit an appeal by contacting us.

17. VIRGINIA RESIDENT’S PRIVACY RIGHTS

Virginia residents can exercise the following rights by contacting us:

• Request to Access My Personal Data.

• Delete My Personal Data.

• Correct My Personal Data.

• Opt Out of the Processing of My Personal Data for Purposes of Targeted Advertising.

• Opt Out of the Sale of My Personal Data.

If we decline to take action on one of your rights as a Virginia resident, you can submit an appeal by contacting us.

18. RESPONSIBLE DISCLOSURE POLICY

A. Responsible Disclosure

We care about maintaining the trust and confidence that our customers place in us. The security of our online platforms is of paramount importance. If you are a security researcher and have discovered a security vulnerability in one of our services or sites, we encourage you to disclose it to us in a responsible manner. We will engage with security researchers when vulnerabilities are reported to us in accordance with this Responsible Disclosure Policy. We will validate and fix vulnerabilities in accordance with our commitment to security and privacy. We will not take legal action against, or suspend or terminate the accounts of, researchers who discover and report security vulnerabilities in accordance with this Responsible Disclosure Policy. We reserve all legal rights in the event of any non-compliance.

B. Reporting

We encourage security researchers to share the details of any suspected vulnerabilities with our security team by contacting us. We will review the submission to determine if the finding is valid and has not been previously reported. At our sole discretion, you may be eligible for monetary compensation for your efforts. Our employees, vendors currently working with us, or residents of countries on the U.S. sanctions list are not eligible for monetary compensation. In case you belong to any of the listed categories, you must specify this information in your report. We require security researchers to include detailed information with the specific steps involved for us to reproduce the vulnerability.

If you identify a valid security vulnerability in compliance with this Responsible Disclosure Policy, We will:

• Work with you to understand and validate the issue

• Address the risk (if we deem it to be appropriate for addressing)

C. Noncompliance

Public disclosure of the submission details of any identified or alleged vulnerability without our express written consent will deem the submission as non-compliant with this Responsible Disclosure Policy. In addition, to remain compliant you are prohibited from:

• Accessing, downloading, or modifying data residing in an account that does not belong to you.

• Executing or attempting to execute any “Denial of Service” attack.

• Posting, transmitting, uploading, linking to, sending, or storing any malicious software.

• Testing in a manner that would result in the sending unsolicited or unauthorized junk mail, spam, pyramid schemes, or other forms of unsolicited messages.

• Testing in a manner that would degrade the operation of any of our systems.

• Testing third-party applications, websites, or services that integrate with or link to our systems.

Please contact us if you have a security issue you wish to report to our security team.

19. CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Please check our Privacy Policy on this page periodically for changes. Changes to this Privacy Policy are effective when they are posted on this page.

20. CONTACT US

If you have any questions about this Privacy Policy, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting this page on our website: https://melanatedvacations.com/contactus

Cookies Policy

Last updated: September 12, 2023

Melanated Luxury Travel LLC, dba "Melanated Vacations" (referred to as "Melanated Vacations", "we", "our", or "us") is an independent travel agent located in California. When we say "you" or "your" we mean any user of our website, https://www.melanatedvacations.com/ (the "Website") and any person who has notice of this Cookies Policy. By accessing the Website, you agree to be bound by the following cookies policy (the "Cookies Policy"). If you do not agree to this Cookies Policy, you may not access or use the Website.

This Cookie Policy explains how and why cookies, web beacons, pixels, clear gifs, and other similar technologies (collectively “Cookies”) may be stored on and accessed from your device when you use or visit the Website. This Cookie Policy should be read together with our Privacy Policy, our Terms of Use, and all other policies of ours found at: www.melanatedvacations.com/legal.

Cookies do not typically contain any information that personally identifies a user. A cookie is a small text file that can be stored on and accessed from your device when you our Websites, to the extent you agree. The other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our Website. This allows our Website to recognize your device from those of other users of the Website. The information provided below about cookies also applies to these other tracking technologies. You can find more information at www.allaboutcookies.org. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

1. HOW WE USE COOKIES AND THE TYPE OF COOKIES WE USE

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We may collect information about you whether you open or click any links on our Website. We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and We only use these Cookies to provide you with those services.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid you having to re-enter your preferences every time You use the Website.

2. YOUR CHOICES REGARDING COOKIES

If you want to remove previously-stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent the Website from placing further Cookies on your device unless and until you adjust your internet browser setting as described below.

If you prefer to avoid the use of Cookies on the Website, first you must disable the use of Cookies in your internet browser and then delete the Cookies saved in your internet browser associated with this Website. You may use this option for preventing the use of Cookies at any time.

If you do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.

If you would like to delete Cookies or instruct your internet browser to delete or refuse Cookies, please visit the help pages of your internet browser:

• For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050

• For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835

• For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

• For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

• For any other web browser, please visit your web browser's official web pages.

3. MORE INFORMATION ABOUT COOKIES

You can learn more about cookies here: www.allaboutcookies.org.

4. CONTACT US

If you have any questions about this Cookies Policy, you can contact us:

• By email: legal@melanatedvacations.com

• By visiting this page on our website: https://melanatedvacations.com/contactus

Last updated: January 15, 2023

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

·       Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to Melanated Luxury Travel, LLC, dba Melanated Vacations, 22713 Alice St Hayward, CA 94541.

·       Service refers to the Website or the Application or both.

·       You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

·       Website refers to Melanated Vacations, accessible from https://www.melanatedvacations.com

·       Application means the software program provided by the Company downloaded by You on any electronic device named Melanated Vacations.

Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. This Disclaimer has been created with the help of the TermsFeed Disclaimer Generator.

The Company does not warrant that the Service is free of viruses or other harmful components.

External Links Disclaimer

The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.

The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

"Use at Your Own Risk" Disclaimer

All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Contact Us

If you have any questions about this Disclaimer, You can contact Us:

By email: legal@melanatedvacations.com

By visiting this page on our website: https://www.melanatedvacations.com/contactus