Terms of Use

1. Agreement Between You and Vwayaj

Welcome to Vwayaj.com (the "Website"). The Website and related services (including mobile sites/apps, customer support, and related tools) are provided to help users research, compare, and book travel products (including accommodations, transportation, tours/activities, and other travel services) and to enable certain business-to-business ("B2B") and business-to-employee ("B2E") travel and hotel distribution services (collectively, the "Services").

These Website Terms of Use (these "Terms") govern your access to and use of the Website and Services. By accessing or using the Website or Services, you agree to be bound by these Terms and by our Privacy Policy.

Contracting party: Unless a different entity is explicitly identified during checkout for a specific product, the Website and Services are operated by Vwayaj LLC ("Vwayaj," "we," "us," or "our"). For users and partners in Africa, Vwayaj Services Africa provides regional operations and support, including partner contracting and hotel distribution support.

1.1 Company Information and Contacts

If you are entering into a separate written agreement with Vwayaj (for example, a hotel distribution agreement, corporate travel agreement, affiliate agreement, API agreement, or other partner agreement), that separate written agreement governs to the extent it conflicts with these Terms.

2. Use of the Website

As a condition of your use of the Website and Services, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction) and have legal capacity to enter into a binding contract.
• You will use the Website and Services in accordance with these Terms and all applicable laws and regulations.
• You will use the Website and Services only to make legitimate bookings or requests (for yourself or for another person for whom you are legally authorized to act).
• All information you provide is true, accurate, current, and complete.
• If you create an account, you will safeguard your login credentials and are responsible for all activity under your account.

We may, in our sole discretion, deny access to the Website or Services to anyone, at any time, for any lawful reason, including suspected fraud, abuse, security risk, or violation of these Terms.

3. Disputes; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It affects your rights and will have a substantial impact on how claims between you and Vwayaj are resolved.

3.1 Informal Resolution First

If you have a dispute, claim, or controversy arising out of or relating to the Website, Services, or these Terms (a "Claim"), you agree to first contact us and attempt to resolve the Claim informally by sending a notice to: Legal@vwayaj.com. Please include your name, the email associated with your account (if any), a brief description of the issue, and the relief you are seeking.

3.2 Binding Arbitration

If we cannot resolve the Claim informally, you and Vwayaj agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the Claim qualifies. The arbitration will be administered by the American Arbitration Association ("AAA") under its applicable rules.

3.3 Class Action Waiver

YOU AND VWAYAJ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

3.4 Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to Legal@vwayaj.com with the subject line "Arbitration Opt-Out" and including your full name and the email address associated with your account.

3.5 Governing Law for Arbitration

This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the U.S. Federal Arbitration Act. Judgment on the arbitration award may be entered in any court having jurisdiction.

4. Prohibited Activities

You agree not to do any of the following:

• Use the Website or its contents for any commercial purpose without our prior written consent.
• Make any speculative, false, or fraudulent booking or any booking in anticipation of demand.
• Access, monitor, scrape, or copy any content or information using any robot, spider, scraper, or other automated means without our prior written permission.
• Attempt to circumvent security or access controls, including robot exclusion headers, rate limits, authentication, or any other measures.
• Deep-link to any portion of the Website for commercial purposes without our prior written consent.
• Frame, mirror, or otherwise incorporate any part of the Website into any other website without our prior written authorization.
• Transmit malware, attempt unauthorized access, or engage in any activity that could damage, disable, or impair the Website or Services.

5. Privacy Policy

Our Privacy Policy explains how we collect, use, and share information when you use the Website and Services. By using the Website or Services, you consent to the collection and use of your information as described in the Privacy Policy.

Privacy Policy URL: www.vwayaj.com/privacy

6. Supplier Rules and Restrictions

Travel products made available through the Website are offered by third-party suppliers, such as hotels, airlines, car rental companies, tour operators, activity providers, and other providers (each, a "Supplier"). Supplier terms and rules apply to your booking, and you agree to read and accept them before booking.

Agency/Marketplace role: Unless explicitly stated otherwise at checkout, Vwayaj acts as an intermediary and/or limited agent for the Supplier to facilitate the booking and transmission of your reservation request. The Supplier is responsible for providing the travel product.

7. Pricing, Taxes, Fees, and Payment Processing

7.1 Price Accuracy

Prices and availability can change rapidly. We strive to display accurate pricing and availability, but errors can occur. If a price or availability is incorrect, we may cancel the booking and issue a refund.

7.2 Taxes and Fees

Displayed prices may include or exclude taxes, fees, and charges depending on the product and location. You are responsible for any taxes, fees, and charges assessed by a Supplier or a government authority.

7.3 Payment Models

Vwayaj offers different payment models depending on the product and Supplier:

• Pay Now (Prepaid): Vwayaj LLC is the merchant of record and will collect payment from you.
• Pay at Supplier (Pay Later): The Supplier is the merchant of record, and you pay the Supplier directly.
• Third-party payments: Payment may be processed directly by a third party and their terms apply.

8-11. Booking Terms

For prepaid accommodation reservations where Vwayaj is the merchant of record, your booking is subject to the cancellation and refund rules shown at checkout and in your confirmation. Check-in requirements may include presenting a valid government-issued ID and the card used to pay.

If the Website offers unpublished or opaque rate products, additional restrictions may apply, including limited or no refunds, limited changes, and special confirmation rules.

Any currency conversion tools provided on the Website are for informational purposes only. Actual exchange rates may vary.

International travel may require passports, visas, vaccinations, and compliance with local laws. You are responsible for ensuring you meet all entry and health requirements.

13. Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VWAYAJ WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VWAYAJ'S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO VWAYAJ IN CONNECTION WITH THE TRAVEL PRODUCT AT ISSUE OR (B) USD 100.

14. Indemnification

You agree to defend, indemnify, and hold harmless Vwayaj (and its affiliates) from and against any claims, damages, or other costs arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; (c) your use of the Website or Services; or (d) your conduct in connection with any travel booking.

15-18. Additional Terms

The Website may contain hyperlinks to third-party websites. Such links are provided for convenience only. We do not control and are not responsible for third-party content.

If you submit content (including reviews, comments, photos) to the Website, you grant Vwayaj a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute your content.

Vwayaj and the Vwayaj logo are trademarks of Vwayaj LLC. Other trademarks displayed on the Website are the property of their respective owners.

19-23. Account and Legal Notices

We may terminate or suspend your account at any time for any lawful reason. You may close your account by contacting contact@vwayaj.com.

If you believe that content on the Website infringes your copyright, you may submit a notice to Legal@vwayaj.com.

24. General

24.1 Governing Law

These Terms will be governed by the laws of the State of Delaware, USA, without regard to conflict of law principles, except where mandatory consumer protection laws of your country of residence require otherwise.

24.2 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on the Website and update the "Last Updated" date.

24.3 Entire Agreement

These Terms, together with the Privacy Policy and any additional product-specific terms presented during booking, constitute the entire agreement between you and Vwayaj regarding the Website and Services.

25. Registrations

Where required by law, Vwayaj and/or its affiliates maintain applicable registrations or authorizations for travel intermediation activities.

Morocco: Vwayaj Services Africa - Décision n° ODV — 4760

26. Service Help