These Terms and Conditions, as may be amended from time to time, apply to all our services made
available online or through the Sabre Marketplace. By accessing, browsing and using our platform and/or
by completing a reservation, you acknowledge and agree to have read, understood and agreed to the
terms and conditions set out below (including the privacy statement).
The software provided by us is owned, operated and provided by Zoom And Go Ltd and is provided for
your use as agents subject to the terms and conditions set out below.
0. Definitions
"Zoom And Go", “ZAG”, "us", "we" or "our" means Zoom And Go Ltd, a limited liability company
incorporated under the laws of the Ontario, Canada, and having its registered address at 100 Sheppard
Ave East, Suite 502, Toronto, Ontario.
"Platform" means the Red App and software on which the Service is made available owned, controlled,
managed, maintained and/or hosted by Zoom And Go.
"Hotel Stay(s)" means the room nights at a hotel, resort, bed and breakfast, apartment, hostel or any
other type of accommodation for overnight stay that can be ordered, acquired, purchased, bought, paid,
rented, provided, reserved, from the Provider using the Platform.
"Providers" means the professional provider(s) of Hotel Stays (e.g. hotel, motel, apartment, bed &
breakfast, etc), through either Sabre or any non-GDS supplier available for Reservation on the Platform.
"ZAG Service" means the online purchase, order, (facilitated) payment or reservation service as offered
or enabled by Zoom And Go in respect of various products and services as from time to time made
available by Providers on the Platform.
"Reservation" means the order, purchase, payment, booking or reservation of a Hotel Stay.
1. Scope and nature of our Service
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Through the Platform, we provide a software through which Providers can advertise, market, sell, promote
and/or offer (as applicable) their products and service for order, purchase, reservation, hire, and through
which relevant users of the Platform can discover, search, compare, and make an order, reservation,
purchase or payment. By using or utilizing the ZAG Service (e.g. by making a Reservation through the
ZAG Service), you enter into a direct (legally binding) contractual relationship with the Providers with
which you make a reservation or purchase a product or service (as applicable). From the point at which
you make the Reservation, we act solely as an intermediary between you and the Provider, transmitting
the relevant details of the Reservation to the relevant Provider(s) and sending you a confirmation email, if
applicable, for and on behalf of the Provider. Zoom And Go does not (re)sell, rent out, offer any (travel)
product or service.
When rendering our ZAG Service, the information that we disclose is based on the information provided
to us by Providers. As such, the Providers that display their Hotel Stays on the Platform provide access to
their systems through a connection through API’s on which they are fully responsible for updating all
rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on
our Platform. Although we will use reasonable skill and care in performing our ZAG Service, we will not
verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held
responsible for any errors (including manifest and typographical errors), any interruptions (whether due to
any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise),
inaccurate, misleading or untrue information or non-delivery of information. Each Provider remains
responsible at all times for the accuracy, completeness and correctness of the (descriptive) information
(including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our
Platform does not constitute and should not be regarded as a recommendation or endorsement of the
quality, service level, qualification or (star) rating of any Provider (or its facilities, venue, vehicles, (main or
ancillary) products or services) made available.
Our ZAG Service is made available for B2B use only.
2. Prices
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however,
these rates made available by Providers may carry special restrictions and conditions, for example non-
cancelable and non-refundable. Please check the relevant product, service and reservation conditions
and details thoroughly for any such conditions prior to making the reservation.
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Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive
any rights in the event of obvious errors or mistakes.
3. Privacy and cookies
Zoom And Go respects your privacy and only stores information on our servers related to information
relevant to your client’s Hotel Stay that may require retrieval for verification or tracking purposes such as
name and hotel address.
4. Credit card or bank transfer
If applicable and available, certain Providers offer the opportunity for Reservations to be paid (wholly or
partly and as required under the payment policy of the Provider) to the Provider during the Reservation
process by means of secure online payment.
For non-GDS Hotel Stay products and services, if applicable, Zoom And Go facilitates (through third party
payment processors or through the Provider) the payment of the relevant product or service (i.e. the
payment facilitation service) for and on behalf of the Provider (Zoom And Go never acts nor operates as
the merchant of record). Payment is safely processed using a credit card or bank account to the bank
account of the accommodation provider through a third party payment processor. Any payment facilitated
by us for and on behalf of, and transferred to the Provider will in each case constitute a payment of (part
of) the booking price by you of the relevant product or service in final settlement of such (partial) due and
payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Providers may require that payment
is made upfront by credit card, and therefore a credit card may be pre-authorised or charged (sometimes
without any option for refund) upon making the Reservation. Please check the (reservation) details of the
product or service of choice thoroughly for any such conditions prior to making the Reservation. You will
not hold Zoom And Go liable or responsible for any (authorized, (allegedly) unauthorized or wrong)
charge by the Provider and not (re)claim any amount for any valid or authorized charge by the Provider
(including for pre-paid rates, no-show and chargeable cancellation) of the credit card.
6. Pre-payment, cancellation, no-show and fine print
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By making a Reservation with a Provider, you accept and agree to the relevant cancellation and no-show
policy of that Provider, and to any additional (delivery) terms and conditions of the Provider that may
apply to the Hotel Stay (including the fine print of the Provider made available on our Platform and the
relevant house rules of the Provider), including for services rendered and/or products offered by the
Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Provider can be obtained
with the relevant Provider. The general cancellation and no-show policy of each Provider is made
available on our Platform on the Provider information pages, during the reservation procedure and in the
confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not
eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Provider
in the event of a no-show or charged cancellation. Please check the (reservation) details of the product or
service of choice thoroughly for any such conditions prior to making the reservation. Please note that a
Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a
prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on
the relevant due or payment date in accordance with the relevant payment policy of the Provider and the
reservation. Cancellation and prepayment policies may vary per segment, product or service of each
Hotel Stay. Please carefully read the fine print and important information in the reservation confirmation
for additional policies as may be applied by the Provider (e.g. in respect of age requirement, security
deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast,
pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or
insufficient funds are for your own risk and account and you shall not be entitled to any refund of any
(non-refundable) prepaid amount unless the Provider agrees or allows otherwise under its (pre)payment
and cancellation policy.
If you wish to review, adjust or cancel the Reservation, please note that you may be charged for the
cancellation in accordance with the Provider's cancellation, (pre)payment and no-show policy or not be
entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation,
(pre)payment and no-show policy of the accommodation provider carefully prior to making the reservation
and remember to make further payments on time as may be required for the relevant reservation.
7. (Further) Correspondence and Communication
In order to complete and secure the Reservation, you will need to use a correct email address. We are
not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or
inaccurate or wrong (mobile) phone number or credit card number.
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8. Star Ratings
An accommodation's star rating displayed on Zoom And Go is not determined by Zoom And Go. The star
rating is determined by an independent third party provider of star ratings.
9. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we
shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable
shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate
cost of the reservation as set out in the Reservation confirmation email (whether for one event or series of
connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees,
representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees,
agents or others involved in creating, sponsoring, promoting, or otherwise making available the software
and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any
loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or
reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates,
availability and ratings) of the Provider as made available on our Platform, (iii) the services rendered or
the products offered by the Provider or other business partners, (iv) any (direct, indirect, consequential or
punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in
connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death,
property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs
suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful
misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly)
attributable to the Provider or any of our other business partners (including any of their employees,
directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or
service are (directly or indirectly) made available, offered or promoted on or through the Platform,
including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our
control.
Zoom And Go is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness
and due disclosure of the Hotel Stay and makes no representations, warranties or conditions of any kind
in this respect, whether implied, statutory or otherwise, including any implied warranties of
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merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree
that the relevant Provider is solely responsible and assumes all responsibility and liability in respect of the
Hotel Stay (including any warranties and representations made by the Provider). Zoom And Go is not a
(re)seller of the Hotel Stay. Complaints or claims in respect of the Hotel Stay (including related to the
offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by
the Provider. Zoom And Go is not responsible for and disclaims any liability in respect of such complaints,
claims and (product) liabilities.
Whether or not the Provider has charged you for the Hotel Stay, or if we are facilitating the payment of the
(Hotel Stay) price or fee, you agree and acknowledge that the Provider is at all times responsible for the
collection, withholding, remittance and payment of the applicable taxes due on the total amount of the
(Hotel Stay) price or fee to the relevant tax authorities. Zoom And Go is not liable or responsible for the
remittance, collection, withholding or payment of the relevant taxes due on the (Hotel Stay) price or fee to
the relevant tax authorities. Zoom And Go does not act as the merchant of record for any product or
service made available on the Platform.
10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform
and the intellectual property rights (including the copyrights) of the contents and information of and
material on our Platform are owned by Zoom And Go Ltd, its Providers or providers.
Zoom And Go exclusively retains ownership of all rights, title and interest in and to (all intellectual
property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is
made available (including the guest reviews and translated content) and you are not entitled to copy,
scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the
content (including any translations thereof and the guest reviews) or our brand without our express written
permission.
Any unlawful use or any of the aforementioned actions or behaviour will constitute a material
infringement of our intellectual property rights (including copyright and database right).
11. Applicable law, jurisdiction, and dispute resolution
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These terms and conditions and the provision of our services shall be governed by and construed in
accordance with Canadian law. Notwithstanding the foregoing choice of law, a natural person using any
of our services for a purpose which can be regarded as being outside his trade or profession (hereinafter
also referred to as "consumer") can rely on the mandatory provisions of the law of the country where he
has his habitual residence. Any dispute arising out of these general terms and conditions and our
services shall exclusively be submitted to the competent courts in Toronto, Canada. Notwithstanding the
foregoing jurisdiction clause, a consumer may also bring proceedings in the courts of the country in which
he is domiciled, and proceedings against a consumer may be brought only in the courts of the country in
which he is domiciled.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you
shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless
be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar
effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these
terms and conditions.
12. About Zoom And Go
The ZAG Service is rendered by Zoom And Go Ltd, which is a private limited liability company,
incorporated under the laws of the Canada and having its offices at 100 Sheppard Ave East, Suite 502,
Toronto.
