These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) 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).
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by SerenityCay.com and are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
0. Definitions
“SerenityCay.com,” “us,” “we” or “our” means SerenityCay.com, a limited liability company incorporated in Florida, USA.
“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by SerenityCay.com.
“Service” means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform.
“Supplier” means the provider of wedding related services (e.g. stylists, florists, caterers, tour operators, insurances, and any other travel or related product) or service as from time to time available for reservation on the Platform.
1. Scope of Our Service
Through the Platform, we (SerenityCay.com and its affiliate (distribution) partners) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors to the Platform can make such reservations. By making a reservation through SerenityCay.com, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.
When rendering our services, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an Extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our services 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 Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates 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 Supplier (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices, Crossed-Out Rates and Best Price Guarantee
Although the prices quoted on our Platform are provided for your convenience, there is no guarantee that prices include all services, customization, and all other taxes (subject to change of such taxes), unless stated differently on our Platform or on any confirmation email/ticket. Applicable fees and taxes may be charged by the Supplier in the event of a no-show or cancellation fee.
3. Privacy and Cookies
SerenityCay.com respects your privacy. We do not share or distribute your personal information except as needed to fulfill the services requested throughout your interaction with us, such as reserving dates or services with third parties.
4. Free of Charge
Our Platform is provided free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
In some cases, Suppliers may pay a commission (being a small percentage of the product price) to SerenityCay.com after the end user has consummated the service or product of the Supplier.
5. Credit Card or Bank Transfer
If applicable and available, certain Suppliers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the property) to the Supplier during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, SerenityCay.com facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Supplier (SerenityCay.com never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodations provider through a third-party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Supplier will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (“bevrijdende betaling”) of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain rates or special offers, please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the Supplier details thoroughly for any such conditions prior to making your reservation.
6. Prepayment, Cancellation, No-shows and The Fine Print
By making a reservation with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your service (including The Fine Print of the Supplier made available on our Platform and the relevant house rules of the Supplier), including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider).
If you wish to review, adjust or cancel any reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Supplier’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 any Supplier carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with all Suppliers so they know when to expect you to avoid cancellation of your services. SerenityCay.com does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by any Supplier.
7. (Further) Correspondence and Communication
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you further information on this venue and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form.
SerenityCay.com disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. SerenityCay.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure your reservation, you need to use your 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.
8. 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, not those of any third party, and up to an aggregate amount of the aggregate cost of your reservation as set out in the 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 site 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 Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier 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 Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives 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.
Whether or not the Supplier has charged you for any service, deposit or pre-payment, or if we are facilitating the payment of any third party service (such as pre-payments for catering or florists, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (goods/services) price to the relevant tax authorities. SerenityCay.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (goods/services) price to the relevant tax authorities. SerenityCay.com does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that SerenityCay.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as SerenityCay.com at its discretion sees fit. You are granting SerenityCay.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as SerenityCay.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to SerenityCay.com publishing and using these photos/images. SerenityCay.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of SerenityCay.com. SerenityCay.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by SerenityCay.com at any time and without prior notice.
10. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on 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 SerenityCay.com, its suppliers or providers.
SerenityCay.com 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. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to SerenityCay.com. 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. Governing Law and Disputes
SerenityCay.com is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you have. If we are unsuccessful, you may pursue a claim against SerenityCay.com as explained in this Disputes provision. This Disputes provision lays out: (1) the initial process you must follow by reporting your claim to SerenityCay.com prior to filing any arbitration or law suit in accordance with this Disputes provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with FL State law. By using this website, you agree that any and all disputes arising out of or relating to your use of this website, or other services provided by SerenityCay.com or the support companies in connection with your use of this website (including the interpretation and scope of this clause and the arbitrability of the dispute), will be resolved via mandatory, binding arbitration.
Nothing in this Disputes provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.
Prior to initiating arbitration, as discussed further below, you must give us an opportunity to resolve any complaints you have relating to your use of the SerenityCay.com website, any dealings with our customer service agents, any services or products provided, or our Privacy Policy by submitting them to [email protected] (the “Internal Review Procedure”). Your email to [email protected] beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number (if applicable), (5) the date of your reservation, (6) the name of the property that you reserved, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the subject line of your email must state, “Request Under Disputes Provision.” If your email does not have this subject line, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or other legal action against SerenityCay.com. If we are not able to resolve your complaint within 60 days of your starting the Internal Review Procedure, you may seek relief as laid out in this Disputes provision.
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that SerenityCay.com will select an alternative arbitral forum, and that you will agree in writing to administration of the arbitration by the alternative arbitral forum selected by SerenityCay.com.
In order to initiate arbitration, you and SerenityCay.com each will be responsible for paying the filing fees required by the AAA. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, SerenityCay.com will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation.
Arbitration will be conducted in accordance with the AAA’s rules. If there is a conflict between the AAA’s rules and this Disputes provision, the terms of this Disputes provision will govern. The rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unable or unwilling to administer the arbitration for any reason, then arbitration will proceed in a substantially similar fashion as it would under the AAA’s rules.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. SerenityCay.com will ordinarily request that the hearing be held in Miami, FL. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any SerenityCay.com employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law.
The arbitration will be confidential, and neither you nor SerenityCay.com may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, SerenityCay.com, and the accommodation(s) that are the subject of your dispute with SerenityCay.com. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any Claims to be arbitrated on a class action basis. You understand and agree that, by accepting these terms and conditions, you and SerenityCay.com are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision.
You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. The arbitration procedures mandated by this Disputes provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
All claims you bring against SerenityCay.com must be resolved in accordance with this Disputes provision. All claims filed or brought contrary to this Disputes provision, including claims not first submitted through the Internal Review Procedure, will be considered improperly filed and void. Should you file a claim contrary to this Disputes provision, SerenityCay.com will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim.
This Disputes provision was amended by SerenityCay.com effective April 15, 2017. If you have a claim that relates to a booking made prior to that date, you may choose to proceed under the provision in effect when you made your booking. If you would like to do that, please so indicate in your claim submission. Otherwise, by submitting a claim, you agree that this Disputes provision will apply to your claim.