HeyVacay - Terms of Service

What you’re agreeing to and who we are.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Flightistic LLC d/b/a HeyVacay ("HeyVacay," "we," "us," "our"), a Texas limited liability company. By accessing or using the Platform in any manner—including browsing, creating an account, or completing a reservation—you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Notice.

1.1 What we are. HeyVacay is a hotel-only online booking engine (Version 1). You may search and book accommodations without human interaction.

1.2 What we are not. We do not sell flights, car rentals, vacation packages, or other travel verticals at this time. We are not a travel insurer, financial advisor, or legal advisor.

1.3 Our role. HeyVacay acts solely as a disclosed intermediary and technology platform. We do not assume operational responsibility for any accommodation. We facilitate the transmission of booking requests to independent Accommodation Providers and collect payment on their behalf as a disclosed agent or limited payment intermediary only. We are not the hotel, innkeeper, or lodging operator. We are not a co-provider, co-host, or co-vendor of any stay. Our collection of payment does not make us a principal in the accommodation transaction.

1.4 California Seller of Travel. HeyVacay operates under California Seller of Travel registration CST# 2166992-70. Registration as a seller of travel does not constitute approval by the State of California.

1.5 No agency; independent contractors. Nothing in these Terms creates an employment, partnership, joint venture, franchise, or agency relationship between HeyVacay and any Accommodation Provider or user. Each Accommodation Provider is an independent contractor solely responsible for the operation, management, safety, quality, legality, and fitness of its property and services. HeyVacay does not supervise, direct, or control Accommodation Providers’ operations. The fact that HeyVacay collects payment, issues confirmations, or displays property information does not alter the independent contractor relationship or create any agency, employment, or joint-venture relationship.

2.1 "Accommodation" means a hotel, inn, or similar short-term lodging listed on the Platform.

2.2 "Accommodation Provider" means the hotel, property owner, manager, operator, or authorized wholesale distributor responsible for fulfilling your stay.

2.3 "Booking" means a completed reservation made through the Platform, confirmed by a booking confirmation number.

2.4 "Platform" means HeyVacay’s websites, mobile applications, APIs, tools, and services.

2.5 "You" or "User" means the individual accessing the Platform and, where applicable, any travelers included on a Booking.

2.6 "Applicable Law" means all federal, state, and local laws, rules, regulations, and ordinances applicable to a given party or transaction.

2.7 "HeyVacay Credit" or "Credit" has the meaning set forth in Section 10.

2.8 "Obvious Error" has the meaning set forth in Section 6.4.

2.9 "Force Majeure Event" has the meaning set forth in Section 19.

2.10 "Supplier Insolvency Event" means any voluntary or involuntary bankruptcy, insolvency, receivership, liquidation, dissolution, assignment for the benefit of creditors, cessation of operations, or analogous proceeding or condition affecting an Accommodation Provider, wholesale distributor, inventory aggregator, or any other third-party supplier in HeyVacay’s supply chain, regardless of whether such proceeding is commenced in the United States or any other jurisdiction.

3.1 Marketplace and disclosed intermediary. HeyVacay operates a technology marketplace that displays rates and availability sourced from independent Accommodation Providers and their authorized distributors. HeyVacay acts solely as a disclosed intermediary: it transmits booking requests, collects payment as a limited agent of the Accommodation Provider, and issues confirmations on the Accommodation Provider’s behalf. HeyVacay does not operate, manage, inspect, control, or assume responsibility for any accommodation. The transmission of payment through HeyVacay’s systems does not make HeyVacay a seller, operator, or principal in the accommodation transaction.

3.2 Two-contract structure; payment as agent. When you complete a Booking, two separate legal relationships arise: (a) a contract with HeyVacay solely for Platform services, governed by these Terms; and (b) a direct contract with the Accommodation Provider for the stay itself, governed by that provider’s policies (house rules, cancellation terms, incidental charges, check-in requirements, etc.). HeyVacay is not a party to the accommodation contract. Where HeyVacay collects prepayment, it does so exclusively as a disclosed, limited collection agent of the Accommodation Provider for the purpose of remitting funds per our supplier arrangements. Such collection does not make HeyVacay a principal, co-obligor, or guarantor of the accommodation or of the Accommodation Provider’s performance.

3.3 No flights (V1). HeyVacay does not offer air travel, packages, or car rentals in its current version.

3.4 Dynamic inventory. Rates and availability change in real time. Confirmation of a Booking requires completion of the checkout process and receipt of a booking confirmation number. Browsing does not constitute a reservation.

3.5 Accuracy of listings; wholesale inventory. Property descriptions, amenities, images, and availability are supplied by Accommodation Providers, wholesale distributors, inventory aggregators, and global distribution partners. HeyVacay does not independently verify this information and does not warrant its completeness, accuracy, or currency. Inventory displayed on the Platform may originate from wholesalers and third-party distribution partners and may occasionally contain inaccuracies, outdated information, or discrepancies that are beyond HeyVacay’s reasonable control—including but not limited to room type descriptions, amenity listings, photographs, and availability data. You are responsible for contacting the Accommodation Provider directly to verify details material to your booking decision. HeyVacay is not liable for inaccuracies in third-party supplied inventory data.

4.1 Age requirement. You must be at least 18 years old and legally capable of entering binding contracts under Applicable Law.

4.2 Account accuracy. You agree to maintain accurate, current, and complete account information. You are solely responsible for all activity occurring under your account.

4.3 Credential security. You must keep your login credentials confidential. Notify us immediately at support@heyvacay.co if you suspect unauthorized access.

4.4 One account per person. You may not share accounts, operate multiple accounts, or impersonate any person or entity.

4.5 Suspension for fraud. We may suspend or permanently terminate access for suspected fraud, policy misuse, legal non-compliance, or any conduct we reasonably determine poses risk to HeyVacay, Accommodation Providers, or other users, without prior notice and without liability.

5.1 No binding reservation until confirmed. Prices and availability displayed on the Platform are invitations to offer, not offers. A binding Booking is formed only when: (a) you complete the checkout process; (b) payment is processed or authorized; and (c) you receive a booking confirmation number via email.

5.2 Property policies. By completing a Booking you expressly accept the applicable Accommodation Provider’s policies, including cancellation terms, no-show penalties, incidental deposit requirements, check-in age rules, pet policies, occupancy limits, and resort or destination fees.

5.3 Special requests. Requests for specific bed types, floors, or adjoining rooms are communicated to the property as preferences only and are not guaranteed unless the Accommodation Provider expressly confirms them in writing.

5.4 Group reservations. Properties may impose additional terms, deposits, or group contracts for reservations of 8 or more rooms. HeyVacay or the property may contact you to execute supplemental terms. Failure to comply may result in cancellation without refund.

5.5 Accuracy of your information. You represent that all traveler names, contact information, and payment details you provide are accurate and belong to you or a person authorized to use them. You assume full liability for inaccuracies.

6.1 What you see at checkout. The checkout page displays the room rate and, where collected by HeyVacay, applicable taxes, government-imposed recovery charges, and any Platform service fees. Some fees and taxes may be collected directly by the property at check-in or checkout and are not included in the amount charged by HeyVacay.

6.2 Currency. Prices are displayed in the currency shown. If your bank or card issuer converts the charge, any foreign exchange fees or cross-border surcharges are your responsibility. HeyVacay is not responsible for currency fluctuations between booking and settlement.

6.3 Dynamic pricing. Room rates are set by Accommodation Providers and may fluctuate continuously based on availability, demand, and market conditions. The rate you pay is the rate shown at the time your Booking is confirmed.

6.4 Obvious Errors. An "Obvious Error" is a price that, on its face, a reasonable person would immediately recognize as clearly mistaken—for example, a five-star luxury suite listed at $1.00 per night, or a rate that is more than 90% below the property’s standard published rate for that date range. If we identify an Obvious Error before or after a Booking, we reserve the right to: (a) cancel the Booking and issue a full refund to the original payment method; or (b) contact you to offer the correct rate. If you decline the corrected rate, we will cancel the Booking and refund all amounts charged. Obvious Errors do not include legitimate promotional rates, flash sales, or opaque pricing.

6.5 Inclusions. Amenities such as breakfast, parking, resort access, or spa credits are included only if expressly stated in the rate description or confirmation. If not stated, they are excluded.

6.6 No price guarantee. HeyVacay does not warrant or represent that its prices are the lowest available on any date or for any property. See Section 9.

7.1 Prepaid (Pay Now) rates; payment as disclosed agent. For prepaid bookings, HeyVacay or its authorized payment processor charges your card at the time of booking solely as a disclosed, limited collection agent of the Accommodation Provider. Your payment obligation is to the Accommodation Provider; HeyVacay acts only as the conduit. HeyVacay remits funds to the Accommodation Provider per our supplier arrangements. Acting as a payment intermediary does not make HeyVacay a principal, co-obligor, insurer, or guarantor of your stay or of the Accommodation Provider’s obligations.

7.2 Pay at Property rates. If offered, you authorize the property to charge you directly at check-in or checkout (or earlier per its policy). HeyVacay does not process or guarantee these charges.

7.3 Incidentals. Properties may require a separate credit card or cash deposit for incidentals or potential damages. This deposit is independent of your room rate and is managed entirely by the Accommodation Provider.

7.4 Verification and pre-authorization. We may pre-authorize your card, request identity verification, or place a hold on funds to prevent fraud. Pre-authorizations that do not result in a completed Booking are released per your card issuer’s timeline; HeyVacay has no control over your bank’s release schedule.

7.5 Chargebacks. If you initiate a chargeback or payment dispute, we may provide your Booking data, communications, and confirmation records to the relevant card network or financial institution to contest the dispute. Initiating a chargeback does not constitute a cancellation and does not entitle you to a separate refund. Chargebacks determined by the card network to be unfounded may result in account suspension, collection action, and reporting to fraud-prevention services.

7.6 Failed payments. If your payment fails or is reversed, your Booking may be cancelled without notice. HeyVacay is not liable for any losses arising from failed payments.

8.1 Policy governs. Your right to cancel or modify a Booking is determined solely by the Accommodation Provider’s cancellation and modification policy displayed at checkout and in your confirmation email. HeyVacay cannot override an Accommodation Provider’s policy.

8.2 Non-refundable rates. If your rate is designated non-refundable, you acknowledge that cancellation, modification, or failure to arrive will result in forfeiture of the full booking amount, with no exceptions, including for illness, weather, flight delays, or other personal circumstances. Travel insurance is strongly recommended for non-refundable bookings.

8.3 Refundable bookings. If eligible for a refund under the Accommodation Provider’s policy, refunds are processed to the original payment method. Processing times vary by financial institution (typically 5–15 business days) and are outside HeyVacay’s control.

8.4 Date and guest changes. Any changes to dates, room type, or guest count may trigger repricing at current rates. You will be shown any price difference before confirming the change.

8.5 Property-initiated cancellations. If an Accommodation Provider is unable to honor your Booking (e.g., due to overbooking or property closure), HeyVacay will use commercially reasonable efforts to assist you in finding a comparable alternative or obtaining a full refund of amounts paid to HeyVacay. For purposes of this section, "comparable" means accommodation in the same general geographic area, of a similar star or quality category, with the same or greater occupancy capacity, and for the same dates—where reasonably available at the time of rebooking. HeyVacay does not guarantee an identical room type, view, amenities, or price point. This is your sole remedy in such circumstances.

8.6 No-show. Failure to arrive on the check-in date without prior cancellation is treated as a no-show. No-show penalties are determined by the Accommodation Provider’s policy; non-refundable rates result in full forfeiture.

8.7 Supplier Insolvency; Financial Failure of Third Parties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HEYVACAY IS NOT LIABLE, AND ASSUMES NO RESPONSIBILITY, FOR ANY LOSS, COST, DAMAGE, OR INCONVENIENCE ARISING FROM A SUPPLIER INSOLVENCY EVENT, INCLUDING BUT NOT LIMITED TO:

(a) The bankruptcy, insolvency, or cessation of operations of any Accommodation Provider, whether before or after your check-in date;

(b) The bankruptcy, insolvency, or financial failure of any wholesale distributor, inventory aggregator, global distribution system, or other intermediary in HeyVacay’s supply chain (including but not limited to RateHawk or any similar supplier), regardless of whether such party received funds that HeyVacay collected on your behalf;

(c) Any failure by an insolvent or non-performing Accommodation Provider or supplier to remit, refund, or return funds to HeyVacay that HeyVacay has already remitted to that party on your behalf;

(d) Costs, losses, or damages you incur as a result of being denied check-in, evicted, or otherwise unable to occupy an accommodation due to a Supplier Insolvency Event, including alternative accommodation costs, transportation, meals, or consequential losses of any kind.

8.8 Refund Fraud Detection and Processing. HeyVacay employs automated fraud detection systems to identify potentially fraudulent refund requests and protect both HeyVacay and its Accommodation Providers.

(a) Standard processing: Most refund requests that are eligible under the applicable Accommodation Provider’s cancellation policy are processed in full within the timeframe specified in Section 8.3.

(b) Fraud-flagged transactions: If HeyVacay’s fraud detection system flags a transaction or refund request as potentially fraudulent, suspicious, or high-risk, you must contact HeyVacay support at support@heyvacay.co, use the online chat, or call us at +1 (888)-260-2645 to verify your identity and complete the refund processing. HeyVacay will not process refunds on flagged transactions without direct customer verification. This protects your account from unauthorized refund exploitation.

(c) High-value and suspicious bookings: If a booking exceeds a threshold amount determined by HeyVacay in its sole discretion, or if HeyVacay reasonably determines that a refund request may constitute chargeback fraud, refund abuse, or systematic exploitation, HeyVacay reserves the right to issue a full refund to the original payment method minus HeyVacay’s documented processing fees, payment processor fees, and third-party payment settlement costs actually incurred in connection with the original booking and refund transaction. Such fees are reasonable, proportionate, and necessary to offset HeyVacay’s actual costs and to deter fraudulent refund patterns.

(d) Cooperation required: You agree to cooperate fully with HeyVacay’s fraud investigation and verification process. Failure to respond to support requests or to provide requested verification within 30 days may result in forfeiture of the refund and account suspension.

(e) No liability: HeyVacay is not liable for delays in refund processing arising from fraud detection procedures, verification requirements, or your failure to cooperate.

9.1 Purpose. The Lower Price Review Program is a goodwill program, not a price guarantee or warranty. HeyVacay makes no representation that it offers the lowest available rate for any accommodation at any time. The Program is not illusory: HeyVacay commits to reviewing all valid submissions in good faith and, where a qualifying lower rate is confirmed, to giving genuine consideration to an appropriate goodwill resolution. However, the nature and value of any resolution remains at HeyVacay’s sole discretion as set forth in Section 9.6.

9.2 Eligibility. To submit a claim, you must: (a) have a confirmed HeyVacay Booking; (b) identify a publicly available rate on Expedia or another major third-party OTA (excluding the exclusions in Section 9.5) that is lower than your HeyVacay rate; and (c) submit a valid claim per Section 9.4.

9.3 Definition of "Identical." A rate is "identical" only if, at the time HeyVacay verifies the claim, the following are the same in all material respects: property, specific room type and category, check-in date, check-out date, number of guests, inclusions (e.g., breakfast, parking), cancellation and payment conditions, and display and payment currency. HeyVacay is the sole and final arbiter of whether a rate is "identical" for purposes of this Program.

9.4 Submission process. Email claims@heyvacay.co within 24 hours of booking completion and at least 48 hours before check-in. Include: (a) your HeyVacay confirmation number; (b) a URL and timestamped screenshots showing the competing OTA’s final checkout price, including all taxes and fees; and (c) screenshots showing all room and booking conditions. Incomplete submissions will not be reviewed.

9.5 Exclusions. The following are not eligible: app-only, device-specific, or geo-targeted rates; coupon or promotional codes; loyalty, member, corporate, government, or closed-user-group rates; opaque, bundle, or package rates; rates resulting from pricing errors; rates in a different currency; tax or fee differences attributable to jurisdiction or collection method; and rates that cannot be replicated or verified by HeyVacay at time of review.

9.6 Verification and outcome. HeyVacay will review valid submissions at its sole discretion. If HeyVacay determines a valid lower identical rate exists, it may—but is not obligated to—offer one of the following goodwill resolutions: (i) a partial price adjustment; (ii) a one-time HeyVacay Credit; or (iii) another commercially reasonable outcome. HeyVacay is under no obligation to provide any remedy, even if a lower rate is confirmed to exist.

9.7 Rates that change during review. If the competing rate changes, disappears, becomes unavailable, or fails verification during our review, no remedy will be offered and your original HeyVacay rate applies.

9.8 Sole remedy. To the extent a goodwill resolution is offered under this Program, it is your sole and exclusive remedy with respect to any price difference. You waive all other claims, including damages, consequential losses, or breach of contract claims, related to pricing comparisons.

9.9 No monitoring duty. HeyVacay has no obligation to monitor, track, or notify you of competitor pricing at any time.

9.10 Program changes. HeyVacay may modify, suspend, or terminate this Program at any time without notice. Program changes do not affect claims already resolved.

9.11 Fraud and abuse. Submissions made in bad faith, by someone other than the booking holder, or intended to exploit the Program systematically will be denied. HeyVacay reserves the right to suspend or terminate accounts engaged in abuse of this Program.

9.12 No warranty of lowest price; marketing statements. Nothing in this Program, in HeyVacay’s marketing materials, or in communications from HeyVacay employees constitutes a warranty, representation, or contractual obligation that HeyVacay’s prices are the lowest available. Any statements appearing in HeyVacay’s advertising, website, social media, email campaigns, or other promotional materials regarding savings, "cheaper rates," "best prices," "guaranteed savings," or similar language are aspirational marketing statements reflecting HeyVacay’s general value proposition and competitive positioning—they are not contractual guarantees, express warranties, or representations of fact unless set forth in a separate written policy signed by an authorized officer of HeyVacay. Online travel prices fluctuate constantly. The existence of a lower price elsewhere is not a breach, misrepresentation, or false advertising by HeyVacay.

10.1 Nature of Credits. HeyVacay Credits are discretionary promotional balances issued by HeyVacay. Credits are not cash, are not legal tender, are not a deposit, are not a gift card, and are not a stored-value instrument regulated as such under any law. Credits have no cash value and are not redeemable for cash unless required by Applicable Law.

10.2 Issuance. Credits may be issued at HeyVacay’s sole discretion for goodwill, service recovery, promotional campaigns, or as a discretionary resolution under Section 9.

10.3 Non-transferable. Credits are personal to your account. They may not be sold, bartered, gifted, or transferred. Attempted transfers are void.

10.4 Eligible bookings. Credits may only be applied to Pay Now (prepaid) bookings processed by HeyVacay or its payment processor as merchant of record. Credits cannot be applied to Pay at Property bookings or charges collected directly by the Accommodation Provider (e.g., resort fees, local taxes, incidentals).

10.5 Expiration. Credits expire on the date stated at issuance. If no date is stated, Credits expire 12 months from issuance. Promotional Credits may expire sooner as stated. Expired Credits are forfeited and not reinstated.

10.6 Cancellations involving Credits. (a) Refundable cancellations: if a Booking paid with Credits is canceled within the eligible window, the Credit portion is reinstated with its original expiration date; cash portions are refunded to the original payment method. (b) Non-refundable or no-show: Credits applied to such Bookings are forfeited. (c) Property-initiated cancellation: Credits are reinstated with remaining validity. (d) Chargeback: If you dispute any charge on a Booking funded in part or whole by Credits, HeyVacay may deduct the equivalent Credit value from your account or decline reinstatement, and may suspend your ability to use Credits.

10.7 Misuse and revocation. HeyVacay may revoke Credits at any time if issued in error, obtained through fraud or misrepresentation, or used in violation of these Terms.

10.8 No property at law. Credits are promotional incentives and are not your property. They do not survive account termination by you or by HeyVacay for cause.

10.9 Program changes. HeyVacay may modify, limit, or discontinue Credits at any time. Changes do not affect Credits already issued within their stated validity period.

11.1 House rules. You and all guests on your Booking must comply with the Accommodation Provider’s house rules, including occupancy limits, noise policies, smoking policies, pet policies, and check-in identification requirements. Violations may result in eviction without refund, additional charges imposed by the property, and account suspension.

11.2 Accessibility. If you or any member of your party requires specific accessibility features, you are responsible for contacting the Accommodation Provider before booking to confirm suitability. HeyVacay does not independently verify accessibility information provided by properties.

11.3 Damages and cleaning. You are financially responsible for any damage to the property or extraordinary cleaning required as a result of your stay. Such charges are assessed by and payable directly to the Accommodation Provider.

12.1 Truthful information. You agree to provide accurate, truthful, and complete information in all interactions with the Platform and HeyVacay personnel.

12.2 Booking for others. If you book on behalf of other travelers, you represent that you are authorized to accept these Terms on their behalf, and you are responsible for ensuring they are aware of and comply with all applicable policies.

12.3 Legal compliance. You agree to comply with all Applicable Laws in connection with your use of the Platform and your stay at any Accommodation.

You agree not to: (a) use bots, scrapers, crawlers, or automated tools to access or extract data from the Platform; (b) circumvent, disable, or interfere with the Platform’s technical controls or security features; (c) use the Platform for any unlawful, fraudulent, or discriminatory purpose; (d) resell, sublicense, or commercially exploit Bookings or Platform access without HeyVacay’s prior written consent; (e) reverse engineer, decompile, or create derivative works from any part of the Platform; (f) use the Platform to develop a competing service or train machine learning models; or (g) transmit viruses, malicious code, or disruptive content. Violations may result in immediate termination, legal action, and civil or criminal liability. You acknowledge that unauthorized scraping, data extraction, or circumvention of the Platform’s technical controls would cause HeyVacay irreparable harm for which monetary damages would be an inadequate remedy, and that HeyVacay is therefore entitled to seek immediate injunctive or other equitable relief in any court of competent jurisdiction without the requirement to post bond, in addition to all other remedies available at law or in equity, and without waiving its right to arbitrate any underlying claim.

14.1 Ownership. All Platform content—including software, design, text, graphics, logos, and data—is owned by HeyVacay or its licensors and is protected by U.S. and international intellectual property laws.

14.2 Limited license. HeyVacay grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Platform solely for personal, non-commercial travel booking purposes.

14.3 Restrictions. You may not copy, reproduce, distribute, display, modify, create derivative works from, or reverse engineer any portion of the Platform without HeyVacay’s prior written consent.

15.1 License grant. By submitting reviews, photos, or other content ("User Content"), you grant HeyVacay a worldwide, perpetual, royalty-free, sublicensable, irrevocable license to use, reproduce, modify, display, and distribute such content in connection with the Platform and our marketing.

15.2 Your representations. You represent that you own or have the right to submit all User Content, and that your User Content does not violate any law or third-party right.

15.3 Moderation. HeyVacay may remove or edit User Content at its sole discretion, but has no obligation to do so. HeyVacay is not liable for any failure to remove or edit User Content.

15.4 Opinions; no endorsement. User Content, including reviews and ratings, reflects the personal opinions and experiences of the individual submitting it and does not represent the views, opinions, or endorsements of HeyVacay. HeyVacay does not verify, adopt, or take responsibility for the accuracy, completeness, or legality of any User Content. HeyVacay is not liable for any claims, damages, or losses arising from User Content submitted by third parties, including claims by Accommodation Providers or other third parties regarding the content of user reviews.

16.1 Independent contractors. Accommodation Providers are independent contractors, not employees, agents, partners, or joint venturers of HeyVacay. HeyVacay does not supervise, direct, control, inspect, license, or certify Accommodation Providers or their properties. Payment processors, mapping services, analytics providers, and other technology vendors are likewise independent third parties. Their own terms, privacy notices, and policies govern your dealings with them. HeyVacay is not responsible for the acts, omissions, negligence, misconduct, or breach of any Accommodation Provider or other third party.

16.2 No endorsement or liability. HeyVacay does not endorse third-party services and is not responsible for their acts, omissions, accuracy, content, or availability.

17.1 Consent to electronic communications. By using the Platform, you consent to receive transactional communications (booking confirmations, updates, support replies) via email and, if opted in, SMS.

17.2 Call recording. Customer support calls may be monitored and recorded for quality assurance and training purposes where permitted by Applicable Law. Continuing a call constitutes consent to recording.

17.3 Marketing opt-out. You may opt out of marketing SMS and email via the unsubscribe mechanisms provided. Transactional and legally required communications will continue regardless.

18.1 Sanctions and export controls. You may not use the Platform if doing so would violate U.S. economic sanctions, export control laws, or the regulations of the U.S. Office of Foreign Assets Control (OFAC). You represent that you are not on, and are not acting on behalf of any person or entity on, any U.S. government restricted-party list.

18.2 Anti-bribery. You agree to comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act.

19.1 Covered events. Neither HeyVacay nor any Accommodation Provider shall be liable for failure or delay in performance caused by events genuinely beyond the affected party’s reasonable control, including: acts of God, natural disasters, pandemic or epidemic declared by a recognized governmental or public health authority, war, terrorism, civil unrest, government action, strikes or labor disputes outside the party’s workforce, or third-party infrastructure failures (e.g., internet backbone outages). This section does not excuse HeyVacay from liability for foreseeable, routine platform downtime, ordinary maintenance periods, or failures caused by its own negligence or systems.

19.2 Notice. The affected party will provide notice as soon as reasonably practicable and will use commercially reasonable efforts to resume performance.

19.3 Refund allocation during Force Majeure Events. In the event of a Force Majeure Event that prevents an Accommodation Provider from fulfilling a confirmed Booking: (a) HeyVacay will use commercially reasonable efforts to recover from the Accommodation Provider or its supplier any funds not yet remitted; (b) if funds have already been remitted to the Accommodation Provider or supplier prior to the Force Majeure Event, HeyVacay’s refund obligation is limited to amounts it is actually able to recover from those parties; (c) HeyVacay is not obligated to advance its own funds to cover amounts already paid to and retained by an Accommodation Provider or supplier; (d) you are encouraged to pursue any available refund or chargeback through your card issuer and to file claims under any applicable travel insurance policy. Responsibility for losses arising from a Force Majeure Event rests primarily with the Accommodation Provider whose performance was prevented. HeyVacay’s role in such circumstances is that of a good-faith intermediary assisting recovery efforts, not a guarantor of the Accommodation Provider’s obligations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, RATES, AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HEYVACAY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. ACCOMMODATION PROVIDERS—NOT HEYVACAY—ARE SOLELY RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, AND SUITABILITY OF THEIR PROPERTIES. HEYVACAY’S ROLE AS A DISCLOSED INTERMEDIARY THAT COLLECTS PAYMENT, ISSUES CONFIRMATIONS, AND FACILITATES BOOKINGS DOES NOT, UNDER ANY CIRCUMSTANCES, MAKE HEYVACAY AN OPERATOR, PRINCIPAL, CO-VENDOR, OR GUARANTOR OF ANY ACCOMMODATION OR OF ANY ACCOMMODATION PROVIDER’S PERFORMANCE, REPRESENTATIONS, OR OBLIGATIONS. HEYVACAY EXPRESSLY DISCLAIMS ALL LIABILITY FOR SUPPLIER INSOLVENCY EVENTS (AS DEFINED IN SECTION 2.10), INCLUDING ANY LOSS ARISING FROM THE BANKRUPTCY, INSOLVENCY, OR FINANCIAL FAILURE OF ANY ACCOMMODATION PROVIDER, WHOLESALER, DISTRIBUTOR, OR OTHER SUPPLIER IN HEYVACAY’S SUPPLY CHAIN. THE RISK OF SUPPLIER INSOLVENCY IS A KNOWN AND FORESEEABLE RISK OF ONLINE TRAVEL BOOKING THAT YOU EXPRESSLY ASSUME.

21.1 Exclusion of consequential damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYVACAY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, HEYVACAY IS EXPRESSLY NOT LIABLE FOR: EMOTIONAL DISTRESS; DISAPPOINTMENT; LOSS OF ENJOYMENT; LOSS OF ANTICIPATED PLEASURE; INCONVENIENCE; MENTAL ANGUISH; DISRUPTED, DELAYED, OR CANCELLED TRAVEL PLANS; RUINED VACATIONS, HONEYMOONS, ANNIVERSARIES, WEDDINGS, OR OTHER SPECIAL OCCASIONS; OR ANY OTHER INTANGIBLE HARM ARISING FROM A BOOKING, A SUPPLIER INSOLVENCY EVENT, OR ANY ACT OR OMISSION OF AN ACCOMMODATION PROVIDER, REGARDLESS OF WHETHER HEYVACAY WAS ADVISED OF THE POSSIBILITY OF SUCH HARM.

21.2 Cap on direct damages. HEYVACAY’S TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO A SPECIFIC BOOKING SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO HEYVACAY FOR THAT BOOKING. HEYVACAY’S TOTAL AGGREGATE LIABILITY FOR ALL OTHER CLAIMS NOT RELATED TO A SPECIFIC BOOKING SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

21.3 Essential basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 21 ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND HEYVACAY. WITHOUT THESE LIMITATIONS, HEYVACAY WOULD NOT PROVIDE THE PLATFORM. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21.4 Non-excludable liability. Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by HeyVacay’s gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation by HeyVacay; or (c) any other liability that cannot be limited or excluded by Applicable Law.

22.1 Your obligations. You agree to defend, indemnify, and hold harmless HeyVacay and its affiliates, officers, directors, employees, and agents from and against any claims, demands, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Platform; (b) your violation of these Terms or Applicable Law; (c) your booking-related disputes with Accommodation Providers or other third parties; (d) any User Content you submit; or (e) your misrepresentation to HeyVacay or any third party.

22.2 HeyVacay’s cooperation. HeyVacay will provide you with reasonable cooperation and notice of any claim subject to indemnification, and reserves the right to assume exclusive defense and control of any matter at your expense.

23.1 Informal resolution first. Before initiating arbitration, you agree to contact HeyVacay at legal@heyvacay.co and provide a written description of the dispute, your name, booking confirmation number (if applicable), and the relief requested. The parties will attempt to resolve the dispute informally for 30 days. If unresolved, either party may initiate arbitration.

23.2 Binding arbitration. Except as provided in Section 23.6, all disputes arising out of or relating to these Terms or the Platform—including disputes about the formation, validity, interpretation, breach, or enforceability of these Terms—shall be resolved exclusively by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, as modified by these Terms. The Federal Arbitration Act (FAA) governs arbitrability.

23.3 Arbitration fees. JAMS filing fees will be allocated per JAMS Consumer Arbitration Minimum Standards. Where required by JAMS rules, HeyVacay will pay the arbitrator’s fees. If the arbitrator determines your claim is frivolous or brought in bad faith, you may be required to reimburse HeyVacay’s fees.

23.4 Class-action and jury-trial waiver. YOU AND HEYVACAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR COURT. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE CLAIMANTS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

23.5 Venue and format. Unless the parties agree otherwise, arbitration will be conducted in Austin, Texas, or remotely. The arbitration will be conducted in English.

23.6 Exceptions. Either party may seek: (a) individual claims in small claims court if the matter qualifies and remains on an individual basis; and (b) emergency injunctive or other equitable relief in a court of competent jurisdiction solely to preserve the status quo pending arbitration. Seeking such emergency relief does not waive the right to arbitrate.

23.7 Severability of class waiver. If the class-action waiver in Section 23.4 is found unenforceable with respect to any claim, that claim shall be severed and proceed in court; all other claims remain subject to arbitration.

23.8 Confidentiality. Arbitration proceedings, filings, and awards are confidential to the extent permitted by law.

23.9 Limitation period. Any claim must be brought within the shorter of: (a) one (1) year from the date the claim accrues; or (b) the shortest limitation period permitted by Applicable Law for the claim type in the applicable jurisdiction. Where Applicable Law establishes a mandatory minimum limitations period that exceeds one year and cannot be contractually shortened, that minimum period shall apply. Nothing in this section extends any otherwise applicable statute of limitations.

23.10 Mass Arbitration Coordination. If twenty-five (25) or more claimants simultaneously file, or are represented by the same law firm or coordinating organization in filing, arbitration demands against HeyVacay raising substantially similar claims ("Mass Filing"), the following procedures apply in lieu of standard JAMS individual arbitration rules, to the extent permitted by Applicable Law:

(a) Batched proceedings. Claims shall be organized into batches of no more than fifty (50) claims per batch. JAMS shall randomly assign claims to batches. Each batch shall proceed as a single consolidated arbitration before one arbitrator. The remaining batches shall be stayed pending the outcome of the first batch unless the parties agree otherwise.

(b) Bellwether process. The first batch shall serve as a bellwether. After the first batch is resolved, the parties shall engage in a mandatory 60-day global mediation before JAMS before any remaining batches proceed. HeyVacay and claimants’ counsel shall negotiate in good faith toward a global resolution during this period.

(c) Claimant fee responsibility in Mass Filings. In a Mass Filing, each claimant is responsible for their own JAMS filing fee. HeyVacay’s obligation to advance or pay arbitration fees under Section 23.3 is limited to the first batch. For subsequent batches, each claimant shall be responsible for their own filing fees and a pro-rata share of arbitrator compensation, unless JAMS Consumer Minimum Standards require otherwise for an individual claimant who demonstrates financial hardship.

(d) Frivolous or coordinated bad-faith filings. If a court or arbitrator determines that a Mass Filing was filed in bad faith, for an improper purpose, or as a coordinated litigation tactic designed primarily to extract settlement value through fee exposure rather than to resolve genuine disputes, HeyVacay shall be entitled to seek recovery of its attorneys’ fees, arbitration costs, and all filing fees paid, from the coordinating counsel or organization pursuant to applicable sanctions rules and Applicable Law.

(e) Opt-out of mass coordination. Any individual claimant in a Mass Filing may elect to opt out of the batched procedure and proceed as a standalone individual arbitration by providing written notice to HeyVacay and JAMS within 30 days of being assigned to a batch. Upon such opt-out, the individual claimant’s claim proceeds under standard JAMS individual rules and standard fee-splitting applies under Section 23.3.

23.11 Anti-Abuse; No Coordinated Campaigns. You agree not to organize, encourage, or participate in any coordinated campaign to file multiple arbitration demands against HeyVacay for the purpose of generating fee pressure rather than resolving a genuine individual dispute. Participation in such a campaign is a material breach of these Terms. HeyVacay reserves the right to seek injunctive relief in court to enjoin any such coordinated campaign without waiving its right to arbitrate the underlying claims.

24.1 Governing law. These Terms are governed by the laws of the State of Texas, without giving effect to conflict-of-laws principles. The FAA governs all questions of arbitrability.

24.2 Court venue (non-arbitration). For claims that may lawfully proceed in court (including small claims and emergency injunctive relief), the exclusive venue is the state or federal courts located in Travis County, Texas. Each party irrevocably submits to the personal jurisdiction of those courts.

25.1 Updates. HeyVacay may modify these Terms at any time. We will post the updated Terms on the Platform with a revised "Last Updated" date. For material changes, we will provide at least 14 days’ notice via email or a prominent notice on the Platform before the changes take effect.

25.2 Acceptance. Your continued use of the Platform after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Platform before the effective date.

25.3 Existing bookings. Bookings confirmed before the effective date of a change remain governed by the Terms in effect at the time of confirmation.

26.1 By you. You may stop using the Platform and close your account at any time by contacting support@heyvacay.co. Termination does not entitle you to refunds for non-refundable bookings.

26.2 By HeyVacay. We may suspend or terminate your access, with or without notice, for: fraud, misuse, material breach of these Terms, violation of Applicable Law, or any conduct we reasonably determine poses risk to HeyVacay or others.

26.3 Survival. The following sections survive termination: 2 (Definitions, including 2.10 Supplier Insolvency Event), 3.5 (Inventory Disclaimer), 6.4 (Obvious Errors), 8.5 (Comparable definition), 8.7 (Supplier Insolvency), 9.8 and 9.12 (sole remedy; no price warranty; marketing disclaimer), 13 (Prohibited Activities, including injunction right), 14 (IP), 15.1 and 15.4 (license grant; opinions disclaimer), 19.3 (Force Majeure refund allocation), 20 (Disclaimers), 21 (Limitation of Liability, including emotional distress exclusion), 22 (Indemnification), 23 (Arbitration), 24 (Governing Law), and 27 (Miscellaneous).

27.1 Entire agreement. These Terms, together with the Privacy Notice, applicable Accommodation Provider policies, and your booking confirmation, constitute the entire agreement between you and HeyVacay with respect to the Platform and supersede all prior agreements, representations, or understandings.

27.2 No reliance on extrinsic statements. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set forth in these Terms, including statements made by HeyVacay employees, customer service agents, or in marketing materials.

27.3 Assignment. You may not assign or transfer any rights or obligations under these Terms without HeyVacay’s prior written consent. HeyVacay may assign these Terms or any rights hereunder to an affiliate, successor, or acquirer without your consent.

27.4 Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

27.5 No waiver. HeyVacay’s failure to enforce any right or provision is not a waiver of that right or provision.

27.6 Force of headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

27.7 Language. If we provide a translation of these Terms, the English version controls in the event of any conflict.

27.8 No third-party beneficiaries. These Terms do not confer any rights on any third party except as expressly stated.

27.9 Electronic signatures. You agree that clicking "I Agree," completing checkout, or otherwise affirmatively using the Platform constitutes an electronic signature and binding acceptance under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.

General Support: support@heyvacay.co | +1 (888) 260-2645

Lower Price Review: claims@heyvacay.co

Privacy Inquiries: privacy@heyvacay.co

Legal / Formal Notice: legal@heyvacay.co

Registered Agent: Flightistic LLC, Austin, Texas 78734

California Seller of Travel: CST# 2166992-70

Supplements our Privacy Notice for California (CCPA/CPRA) and Colorado (CPA) residents.

A. California (CCPA/CPRA)

A.1 Categories collected. Identifiers (name, email, phone); commercial information (bookings, transactions); internet/technical data (device, IP, analytics); approximate geolocation; inferences (preferences).

A.2 Sources. You directly; your devices; cookies and analytics SDKs; Platform activity; payment processors; Accommodation Providers and distribution partners.

A.3 Purposes. Operate the Platform; process payments; manage Bookings; communicate; provide support; detect fraud; comply with law; marketing (with consent where required).

A.4 Disclosure. We disclose the above categories to service providers and contractors (payment, hosting, support, analytics, security) under contracts restricting their use to our instructions.

A.5 Sale / Sharing. We do not sell personal information for money. To the extent cross-context behavioral advertising constitutes "sharing" under CPRA, you may opt out via our cookie controls or by emailing privacy@heyvacay.co. We honor Global Privacy Control (GPC) signals where reasonably feasible and as required by Applicable Law.

A.6 Sensitive information. We do not intentionally collect sensitive personal information in V1. If collected incidentally for verification or fraud prevention, it is used only as permitted by CPRA.

A.7 Retention. We retain personal information as long as needed to fulfill stated purposes, comply with legal obligations, resolve disputes, and enforce agreements, then delete or de-identify it.

A.8 Your rights. California residents have the right to know/access, delete, correct, opt out of sharing, limit use of sensitive information, and non-discrimination.

A.9 Requests. Submit to privacy@heyvacay.co with sufficient identity verification. We respond within statutory timeframes.

A.10 Authorized agents. Must provide written authorization. We may verify directly with the consumer.

A.11 Children. The Platform is not directed to persons under 16. We do not knowingly sell or share personal information of minors.

B. Colorado (CPA)

B.1 Consumer rights. Access, correct, delete, portable copy, and opt out of targeted advertising, sale, and certain profiling.

B.2 Opt out. Use our cookie controls or email privacy@heyvacay.co. We honor recognized universal opt-out mechanisms (including GPC) where reasonably feasible and as required by Applicable Law.

B.3 Appeals. Appeal a denied request by replying to our decision email with "Appeal" in the subject. We respond within 45 days. You may contact the Colorado AG if dissatisfied.

B.4 Sensitive data. We do not process sensitive data in V1. If that changes, we will obtain opt-in consent as required.

B.5 Data minimization. We collect only what is reasonably necessary for stated purposes and implement reasonable security safeguards.

C. Evolving State Law

We will update this Addendum as additional U.S. state privacy laws become effective. Where this Addendum conflicts with the general Privacy Notice, this Addendum controls for residents of the applicable state.

© 2026 Flightistic LLC d/b/a HeyVacay • CST# 2166992-70 • All rights reserved.