Terms and Conditions

THESE TERMS AND CONDITIONS govern the legally binding relationship between VCSphere Ltd. a company duly existing under the laws of Liechtenstein and with its registered office at Bahnstrasse 3, 9494 Schaan, Liechtenstein (“VCS”) operating an internet marketplace under the brand name “Spryr”, retrievable under the Website (“Spryr”), and its Customers.

Any access to Spryr and/or use of any of the functionalities, services and products offered by VCS (“Services”) are subject to full, unconditional, and validly expressed acceptance and confirmation of these Terms by the respective Customer.

These Terms constitute the entire terms and conditions between VCS and each Customer with regard to access and/or use of the Services. No other general terms or conditions shall apply for the relations set herein, unless expressly consented prior by VCS. These Terms shall be available and accessible on the following web address: https://spryr/terms

By confirmation of these Terms each Customer concludes an agreement with VCS to use the functionalities of the Services, which agreement shall be under the following terms and conditions:

I. DEFINITIONS

Unless the context otherwise requires, the following capitalized terms shall have the following meanings:

Accommodation Fee(s) – shall refer to the fee(s), due from the Customer for any Accommodation Service purchased by the Customer through Spryr, which is indicated by the respective Accommodation Provider to VCS through the API (or through other communication means) and further displayed for sale on Spryr to the Customer.
Accommodation Provider(s) – shall refer to any Person which is, directly or indirectly, offering and/ or selling Accommodation Services through Spryr.
Accommodation Service(s) – shall mean any accommodation service provided to Customers, including but not limited to: accommodation in resort, hotel, motel, apartment, villa, or other place of lodging and any additional services offered, directly to VCS by the Accommodation Provider or indirectly through third parties, including but not limited to upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar, dry cleaning and laundry, transportation and any other travel or related product or service as from time to time available, offered or sold to a Customer through Spryr.
Affiliate – shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
AML-KYC Policy – shall refer to the rules and policies, as amended from time to time, to prevent illegal activity, including anti-money laundering (“AML”), counter-terrorist financing (“CFT”) and know your customer (“KYC”) procedures required by any company acting as payment service provider for VCS from time to time. At present Stripe acts as payment service provider for VCS and ensures full compliance with applicable AML, CFT, and KYC legislation. Further information shall be available and accessible at https://stripe.com/at/legal/ssa and https://stripe.com/privacy, and which are incorporated herein by reference.
API (Application programming interface) – shall for the purpose of these Terms refer to a software communication system, which provides connectivity and communicational channel regarding Accommodation Services between VCS and the Accommodation Providers.
Basic Data – shall mean the registration data required from the Customer for purchasing Accommodation Services, which can be gathered either at Registration.
Booking – shall refer to each request of a Customer, electronically submitted through Spryr to purchase Accommodation Service(s).
Booking Confirmation – shall refer to the confirmation of any Booking of Accommodation Services, of which the Customer shall be informed through email to the email address provided at Registration. Booking shall only become binding when and if a Booking Confirmation is sent to and received by Customer.
Cookie Policy - shall refer to the rules and policies of VCS, as amended from time to time, to describe what cookies are and how VCS collects information, including the type of cookies used, from Customers and how the information of Customers is used. By choosing to access Spryr without blocking or deactivating the cookie or choosing other technologies to avoid the cookie, you agree to the use thereof and collection of personal data in accordance with the Cookie Policy and our Privacy Policy. Cookie Policy shall be available and accessible at https://spryr.com/cookie-policy.
Customer – shall refer to each Person, which accesses and/or uses any of the Services, including but not limited to the functionalities of Spryr for the purposes of reviewing and/or purchasing of Accommodation Services.
Force Majeure – shall be any event which is beyond the reasonable control of VCS and/ or any Accommodation Provider and which affects the ability of VCS and/ or the respective Accommodation Provider to fulfil some of their obligations under these Terms or provide any of the Accommodation Services purchased. Force Majeure shall include without limitation: natural disasters (earthquakes, floods, fires), pandemic or epidemic restrictions or global or local travel bans; wars, riots, strikes, acts of terrorism, lockdowns, governmental restrictions, transport bans and/ or border closing, Acts of God, suspension of service which VCS cannot control such as system shutdown or technical problem caused by the suppliers of VCS, bankruptcy, insolvency or cessation of trade of any carrier and/ or supplier used by VCS or other events beyond the reasonable control or remedy of VCS.
Non-Refundable Booking – shall mean a Booking, for which, if cancelled by the Customer after Booking Confirmation, the Customer shall not be entitled to receive any refund or part of the amounts paid by the Customer in regard to such Accommodation Service.
Payment Provider – shall refer to any company acting as payments service provider for VCS from time to time. At present Stripe Inc. or their subsidiaries, as found on their official website https://stripe.com, acts as payment service provider for VCS and is referred to when using the term Payment Provider.
Person – shall mean any individual over the age of 18, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
Prepaid Deal – shall refer to any Accommodation Services purchased through the Website, where the payment of the Accommodation Fee shall be procured by the Customer to the Payment Provider.
Privacy Policy – shall refer to the rules and policies of VCS, as amended from time to time, for processing, administration, storage and deletion of Customer’s personal data. Privacy Policy shall be available and accessible at https://spryr.com/privacy.
Provider’s Terms – shall refer, where applicable, to the terms and conditions of Accommodation Providers, which the Customer requires to explicitly approve and consent to as a condition for booking certain Accommodation Services.
Registration – shall refer to the process of creation of a Spryr Account and/or verification of Customer’s identity, by means of username and password generated directly through Spryr or upon submission of a Booking.
Reservation – shall refer to each request of a Customer, electronically submitted through Spryr to purchase Accommodation Services, which shall be held available for the requesting Customer for Booking for a certain period of time.
Sanctioned Countries – shall mean each country, state and/ or jurisdiction, which is subject to international sanctions imposed by either the United Nations and/or European Union and/or the United States of America.
Service(s)- shall mean any of the functionalities, services and products offered by Spryr to Customers from time to time.
Social Networks Authentication – shall refer to the process of creation of Customer’s Spryr Account and/or verification of Customer’s identity through integrated internet-based social media such as Facebook, Twitter and Google and others as indicated from time to time by VCS.
Spryr Account – shall refer to an account with Spryr through which the Customer may book Accommodation Services and use other functionalities on the Website as available from time to time.
Taxes – shall include all regulatory taxes, which are in fixed percentage of the respective chargeable payment and typically include taxes imposed over sales of products such as Value Added Tax (EU) or Sales Tax (USA).
Terms – shall refer to these terms and conditions and as amended from time to time.
Variable Fees and Charges – shall include those fees, taxes and charges, which are usually not included in the Accommodation Fee and are usually dependent on various entities and factors, such as resort or hotel policies and tariffs, city and jurisdictional fees and taxes etc. Variable Fees and Charges shall include but not be limited to: City tax, Tourist tax, Local tax, Lodging tax, Transient Occupancy tax, Municipality fee, Property/Hotel fee, Environmental fee, Resort fee (also known as a facility fee, a destination fee, an amenity fee, an urban fee or a resort charge).
Website – shall refer to the official website https://spryr.com/.

II. GENERAL PROVISIONS

VCS is an innovative travel and hospitality marketplace and trading platform, which offers all Customers access to various Accommodation Services for promotional prices.
By accessing or using the Website, the Customer agrees that the Customer has read, understood, and accepted all of these Terms, as well as any other supplemental policy referenced or incorporated herein, including but not limited to the Cookie Policy, Privacy Policy, Payment Provider’s AML-KYC Policy, Provider’s Terms, and such other rules and policies in effect from time to time.
Each Customer acknowledges and understands that functionalities of the Website can only be used by Customers when the rules and conditions herein described are fully met by the Customer respectively obliged under the corresponding clause of these Terms.

III. ACCESS TO WEBSITE

The Customers acknowledge that any Person can access the Website and review Accommodation Services on offer. Obtaining a Spryr Account is not necessary for such review. For avoidance of any doubt, Booking of Accommodation Services on offer shall be available for any Person only after Registration is completed under these Terms.
Upon Registration, any Customer shall freely and willingly provide its Basic Data for the purposes of obtaining a Spryr Account. By accepting these Terms, the Customer agrees to disclose Customer’s residency in the Registration process. The Basic Data must be true and accurate and in accordance with the Customer’s national jurisdiction as of Registration and Booking.
VCS has full discretion to determine and/or to change the requirements for Registration and update the Registration process from time to time.
Faulty Basic Data may cause consequences for which VCS cannot be held liable. Therefore, VCS won’t allow any Customer to proceed with any Bookings should such Customer abstain from declaring the Basic Data on the Website. In case any financial damage occurs due to false Basic Data declaration, it will be covered by the Customer in full and such Customer indemnifies and hold VCS harmless from and against all damages, costs, and expenses in connection with same.
Any and all data gathered from a Person to the extent it qualifies as personal data under GDPR, shall be stored and processed in accordance with the Privacy Policy of VCS.
Registration with VCS and Bookings may only be made by Persons with full legal and contractual capacity and capability and in accordance with the laws of their national jurisdiction.
A corporate entity shall be considered legally capable if it is fully incorporated and existing under the laws of the country of its incorporation and if the Registration with VCS is conducted on behalf and on account of this entity by its legal representative.
Legal and contractual capability of natural persons shall be in accordance with the laws of their country of nationality and/ or domicile, but in all cases a natural person shall not be considered legally capable if it is less than 18 years of age. Persons that meet the jurisdictional age criteria for legal capability shall be considered capable, until proven otherwise.
Each Customer, if legally capable under the laws of its jurisdiction of seat, domicile and/ or nationality, shall be solely responsible to check and ascertain if it is also legally capable under the laws of any other jurisdiction, where Accommodation Services shall be used by this Customer trough the Marketplace. VCS shall not be in any way responsible if any Customer is in violation of any such jurisdiction legal capability laws and regulations and/ or if such Customer cannot use any Accommodation Service reserved and/ or paid due to incapability.
Each Customer is obliged to access its Spryr Account only personally or through a duly authorized representative. The Customer will be solely obliged to keep its access data protected and VCS bears no liability whatsoever for any misuse of Customer’s Spryr Account by an unauthorized third party or any other unauthorized actions performed through the Spryr Account of the Customer by such third party.

IV. OFFERED ACCOMMODATION SERVICES

The contractual provisions and conditions of Accommodation Services accessible at Spryr may vary as each Accommodation Service shall be offered under the rules, regulations and Provider’s Terms of the specific Accommodation Provider. The contractual provisions and conditions applicable on a specific Accommodation Service shall be displayed before Booking and will be confirmed to the Customer in the Booking Confirmation. In case of any contradiction between the Terms and the Provider’s Terms, the Provider’s Terms shall prevail over the Terms.
VCS shall not be held responsible for the content of any offer of an Accommodation Service through Spryr. Should at any point in time VCS has reasonable suspicions that certain Accommodation Services offered through Spryr either: (i) contains false or misleading information, or (ii) is related to crime or administrative violation, or (iii) has content that is contradictory to any of the provisions of these Terms, VCS has the full right to suspend the publication and availability of any such offer of Accommodation Service, until proven otherwise. VCS shall have the right to also suspend or delete any publication of Accommodation Services in case VCS receives act of competent court or other legitimate administrative body requesting suspension or deletion of such offer.

V. RESERVATION AND BOOKINGS OF ACCOMMODATION SERVICES

Customers shall have the option to review Accommodation Services available at Spryr, as well as to select and purchase certain Accommodation Services by making of a Reservation through the Marketplace. VCS and/ or Accommodation Provider has the right to reject or cancel any booking of an Accommodation Service if it is established that the Customer has provided false, misleading and /or inaccurate information. If such act of the Customer might constitute a fraud or other crime, VCS has the full right to report such suspicions to the competent authorities.
Customer can select an offered Accommodation Service and choose between all variable options for Accommodation Services existent in such offer before finalizing the booking of the Accommodation Service. Before completion of the Booking the following information will be indicated to the Customer:

2.1. the amount of the Accommodation Fee;

2.2. the amount of Taxes;

2.3. the amount of Variable Fees and Charges (to the extent indicated below in the section Prices & Fees);

2.4. terms of payment (e.g. Prepaid Deal);

2.5. Provider’s Terms, if applicable;

2.6. cancellation policy, if applicable.
When the Customer selects the required Accommodation Services, the Customer will submit the Booking of the Accommodation Service to VCS by clicking on the respective button, available on the Website. The Customer hereby acknowledges that Bookings will be completed only based on the necessary Basic Data and Additional Data information provided by the Customer.
Submitting of the Booking shall only be considered as a request for delivery of Accommodation Service under the conditions specified in the Terms but will be binding for VCS and the respective Accommodation Provider only upon receipt of a Booking Confirmation by Customer. No obligations for delivery of any Accommodation Service shall arise for VCS and/ or any Accommodation Provider until the respective Booking is confirmed through VCS by Booking Confirmation via email to the email address provided by the Customer in its Basic Data.
The Customer hereby understands and acknowledges that submission of the Booking shall constitute only a request for the respective Accommodation Service but shall be not binding until receipt of the Booking Confirmation. VCS reserves the right to decline any submitted Booking placed with it through the Services without giving reasons.
The Booking Confirmation shall confirm all the information indicated to the Customer before completion of the Booking containing information, including but not limited to, as follows: accommodation information: name of the accommodation, category, address, location and telephone number; Customer’s information: Booking owner; check-in and check-out dates; room type; and such other information required or useful from time to time; and a reference number.
Upon receipt of the Booking Confirmation, the Customer may only cancel the booked Accommodation Service if cancellation option is available for the respective Accommodation Service. When cancellation option exists, it will be exercisable under the conditions indicated in the Booking Confirmation for the respective Accommodation Service and for the respective cancellation fees and/ or penalties (when such fees or penalties are fixed as a condition for cancellation).
Certain Bookings shall be valid and considered completed only if and when the Customer confirms the respective Provider‘s Terms, when this Accommodation Provider explicitly requires such confirmation. VCS won’t be held liable for any clauses, terms, conditions, or regulations in such Provider’s Terms, even if such clauses, terms and conditions or regulations are contradictory to these Terms or to any law or regulation active in any jurisdiction.
Only Accommodation Services displayed on the Website can be selected and booked through VCS. The electronic process for making new Bookings must be followed to ensure that VCS receive all Customer’s requests. VCS won’t be responsible if certain Bookings or other communication is not received due to any Customer not following the respective process.
Bookings and Reservations can be submitted only through the Website under the procedure displayed and in strict observance of the steps proposed and by choosing the options offered at each step (if different options exist). Any other type of bookings, reservation, or requests, including made by phone, fax or email will not be accepted and not be treated valid. VCS will not honor any rate certain Customer can potentially claim to have obtained in any way other than through the Marketplace.
All Bookings of Accommodation Services located in any Sanctioned Country must be consistent with applicable restrictions. No refunds will be made, or liability incurred with respect to any Accommodation Services, or related service arrangements that are prohibited under the respective applicable law.
If the Booking is a Prepaid Deal, the Customer shall be obliged to pay to VCS the full amount of the Accommodation Fee with Taxes included and all other Variable Fees and Charges at the time of Booking.
Cancellation of Bookings by the Customer and eventual refunding shall be subject to the conditions of the respective Accommodation Service, on which Booking was completed. Reservations will be cancelled automatically by VCS if no Booking is made.
In each Accommodation Service available, the Website shall display if the Booking is refundable or non- refundable. Such information shall be also provided upon Booking Confirmation.
If not explicitly stated otherwise in the Booking Confirmation, the Customer shall have no right to receive back any part of the amounts paid by such Customer regarding a Booking which was cancelled by the Customer.
The Customer acknowledges that no refunding might apply in case of a no-show at the Accommodation Service.
If the Customer has late or delayed arrival on the check-in date or only arrives the next day, the Customer is obliged to timely communicate this with the Accommodation Provider, so they know when to expect the Customer. VCS does not accept any liability or responsibility for the consequences of Customer’s delayed arrival or any cancellation or charged no-show fee.
Modification of a Booking may or may not be possible. If possible, it can only be made by the Customer to the extent expressly indicated under the conditions on the Booking Confirmation.
Modification of a Booking, e.g. name of Customer or any other changes, may not be permitted and the Booking may need to be cancelled and re-booked. Any modification may be a subject to new prices and conditions.
If not explicitly stated that modifications are allowed, Customers will be unable to modify their Booking. VCS does not charge handling fees if modification of a Booking is possible.
The Customer may inform for special requests (for example, dietary requirements, cots or other special needs) through customer service under [email protected] or through other means of communication provided on the Website from time to time. Such requests will be forwarded to the Accommodation Provider. However, the Customer fully acknowledges that neither VCS nor the Accommodation Provider shall be held responsible if such special requests cannot be fulfilled.

VI. PRICES, FEES AND PAYMENT

Each Customer shall use the Accommodation Services available at the Marketplace only against full and correct payment of all fees and contributions indicated in these Terms and on the Website.
The Accommodation Fee will be duly indicated on the Website for each Accommodation Service and can vary depending on different accommodation options, food, and additional service options and other variables related to the respective Accommodation Service.
The Accommodation Fee shall be charged by VCS together with Taxes and Variable Fees and Charges chargeable by VCS and unless stated otherwise in the Booking Confirmation.
Accommodation Fees displayed at the Website are subject to change at any time, but changes will not affect the Accommodation Services once the Customer has received the Booking Confirmation. VCS reserves the right to vary Accommodation Fees after Booking Confirmation has been given only in case of variations in applicable tax rates, VAT or other conditions beyond its control, as well as in case of exchange rate variations in excess of 3%, changes in the periods of trade fair events by hotels or similar situations.
While VCS tries to ensure to its best ability that all rates on the Website are accurate, errors may occur. VCS and/ or the Accommodation Provider will be under no obligation to provide Accommodation Services to the Customer if an incorrect rate has been stated; obvious errors shall not become binding on VCS.
Bookings made for special event periods may incur special booking conditions and rates. The Customer will be notified if these conditions and rates apply at the time of the Booking.
Prices on all Accommodation Services and all related fees and contributions under these Terms shall be indicated in United States Dollars (USD). Only if made available by VCS from time to time and upon selection by the Customer, prices may also be indicated in EURO, British pounds (GBP) as well as in the other currencies. Prices in these currencies are displayed based on data provided by the Accommodation Provider through the API (or through other communication means).
All payments to VCS will be made to and accepted by Payment Provider on account of VCS. Customer will provide current, complete, and accurate information for all Bookings made and will update any payment information upon request, if required by VCS or Payment Provider.
Any payment transactions with Customers to and by VCS shall be charged in United States Dollars (USD) unless otherwise explicitly indicated. If payments are made in another currency as USD the exchange rate offered by the Payment Provider shall apply. VCS shall not and cannot be held responsible for any differences resulting of such exchange rates, which the Customer might consider negative.
VCS shall, to its best ability, provide indication for all Variable Fees and Charges, as well as other additional fees and taxes that apply for any payment. However, VCS shall not be held responsible if VCS cannot provide the Customer correct information or cannot provide any information on certain Variable Fees and Charges, should such impossibility of VCS result from certain Accommodation Provider not providing the corresponding information or providing incorrect or misleading information. In such cases VCS shall not be held liable for any damages or lost profits incurred as a result of payment of any such taxes, charges and/ or fees. VCS shall also bear no responsibility in cases of amendments in tax and/ or travel/ tourist regulations in any jurisdiction which result or can result in changes in any Taxes, Variable Fees and Charges and other taxes, charges or statutory fees. In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the end consumer at the accommodation establishment and/ or at the airport. VCS shall use reasonable efforts to provide, at the time of Booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of Booking and/ or locally on arrival (“Local Tax/ Fee Estimations”). Notwithstanding the foregoing, VCS does not warrant that the Local Tax/ Fee Estimations shall be accurate, and the Customer hereby acknowledges and agrees that the Local Tax/ Fee Estimations are provided as estimates only. The Customer further acknowledges that Local Taxes/ Fee Estimations, may change from time to time. As a result, VCS cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/ Fee Estimations. Confirmation of and the accuracy of the Local Taxes/ Fee Estimations is ultimately the responsibility of the Customer.
The Accommodation Fee does not include any services not explicitly specified in the Booking Confirmation.
Based on the selections made by the Customer for type of Accommodation Service required, length of the stay (number of nights), number of persons, the Website based on the information received by the Accommodation Provider through the API (or through other communication means) will indicate total Accommodation Fee which will include all these parameters preselected by the Customer. Accommodation Fee does not include any extra services such as telephone calls, insurance, laundry service, minibar, parking, etc., which shall be paid by the Customer separately to the respective Accommodation Provider.
The following items could be excluded from the Accommodation Fee: (i) any refundable deposits which may be required by Accommodation Providers, (ii) non-refundable fees for services (i.e. cleaning services, Wi-Fi etc.) and (iii) Variable Fees and Charges (including Local Tax/ Fee Estimations). These should be paid by the Customer at arrival if applicable. VCS will inform Customers to the best of its knowledge of these items in the Booking Confirmation.
Availability of the selected Accommodation Service may be subject to change before receipt of Booking Confirmation.
Any payment made to or facilitated by VCS and/or the Payment Provider for and on behalf of the Customer to the Accommodation Provider, will in each case constitute a payment of (or part payment of) the Accommodation Fee, Taxes and Variable Fees and Charges and the Customer shall not be able to reclaim such paid monies, except in the cases explicitly mentioned in these Terms.

VII. SUSPICIOUS OPERATIONS AND PAYMENTS

Should at any point in time VCS has reasonable suspicions that certain actions or operations procured by a Customer either: (i) are unauthorized or (ii) payments are from illegal or illegitimate source, or (iii) are related to crime or administrative violation, or (iv) operations and/ or payments might be procured without the actual knowledge of the Customer, or (v) certain action and/ or operation is contradictory to any of the provisions of these Terms, VCS has the full right (but not the obligation) to immediately and cumulatively take the following actions (until otherwise proven):

a. suspend or cancel any such suspicious action and/or operation to the extent possible;

b. block and retain any outstanding payment to the extent possible;

c. remove any infringing content;

d. duly inform competent authorities and banking and financial institutions; or

e. conduct private investigation and request any additional information by all interested parties.
VCS shall have the rights in the clause above also in case of:

a. VCS receives act of competent court or other legitimate administrative body requesting any such actions;

b. any third-party infringement claims related to infringements of such third-parties’ legal interests related to such actions, payments or operations, unless proven that such claims are not brought to the attention of and/or supported by the competent court or jurisdiction.

VIII. REPRESENTATIONS & WARRANTIES OF THE PARTIES

Representations and Warranties of VCS

1.1. VCS hereby declares and guarantees that it is duly incorporated and validly existing under the laws of its jurisdiction of incorporation and has full corporate power and authority to carry on its business.

1.2. VCS has the legal right, full power and authority and all necessary consents to establish these Terms and to enter into and perform VCS’s obligations under these Terms.

Representations and Warranties of the Customer

2.1. The Customer hereby declares and guarantees that it has full legal and contractual capacity and capability under these Terms.

2.2. The Customer hereby declares and guarantees that it has full legal capacity and all necessary rights to enter in the agreement contemplated in these Terms and to fulfil its obligations under these Terms and nder the Accommodation Services sold through Spryr.

2.3. The Customer hereby declares and guarantees that it will always provide true, correct, full and actual data upon its Registration as well as anytime it makes Bookings through the Website and shall always keep such data in its Spryr Account true, actual and updated.

IX. LIMITATION OF LIABILITY AND DISCLAIMERS

VCS cannot and shall not be held liable or responsible in case of any breach or non- fulfilment of any Accommodation Provider to provide any Accommodation Service. VCS cannot and shall not be held liable or responsible for any payments lost by any Customer as a result of fraud, fishing, hacker attacks and/ or any other malicious and/or criminal activity, nor in case of any disputes between Customer and Accommodation Provider. Furthermore, VCS shall hold no responsibility whatsoever in case of due remittance or withholding of any payment by any Accommodation Provider, which act is disputed by Customer by reason of any claimed breach or non – fulfilment against the respective Accommodation Provider. VCS shall not be liable to the Customer for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
VCS shall not be responsible for any cyber-attacks and/ or viruses, data thefts, ransomwares, malware attacks, fishing, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, fail of service providence or any of the like during the use of Marketplace functionalities, data charges, other fees and taxes associated with Customer's access and use of the Marketplace. VCS shall not be responsible in cases of unauthorized and/ or malicious acts of third-parties accessing and/ or operating with any Customer's bank account or other payment means without the necessary permission.
In using the Website, Customer may view content or services provided by third parties, including links to web pages and services of such parties ("Third Party Content"). VCS does not control, endorse or adopt any Third Party Content. VCS has no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, the Customer's dealings or correspondence with such third parties are solely between the Customer and the third party. VCS is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and the Customer's use of Third Party Content is at its own risk.
VCS DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY VCS ARE PROVIDED "AS IS" AND "AS AVAILABLE." VCS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES (B) THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT VCS MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT VCS'S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF THE CUSTOMER ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, CUSTOMER REPRESENTS THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF VCS OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
VCS SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, HACKING OR CYBERSECURITY BREACHES; (B) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (C) FORCE MAJEURE EVENT (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM VCS IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF VCS SYSTEMS).
VCS shall not be held liable for any acts and/ or omissions of any Customer in violation of any law, rule, regulation, contract and/ or these Terms.
VCS shall not be liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the Accommodation Services provided by certain Accommodation Provider, including but not limited to damages resulting from death, injury, illness, damage, loss, accident, theft, delays or any other irregularity or quality issues which may arise (i.e. delays, overbookings, etc.), whether directly or indirectly, from the supply of Accommodation Services by Accommodation Providers.
For any claim, for which VCS is not disclaimed from liability under these Terms and/ or under the applicable law, VCS shall be liable only if:

a. VCS is in intentional or gross negligent breach of any of its obligations under these Terms; and

b. if such claim is made by the Customer in not more than 15 days after the check-out date as the event giving rise to such claim or, in case of series of events, the first such event which gives rise to such claim.
VCS maximum liability to each Customer in connection with use of the Marketplace for any reasonable and foreseeable loss, damage, or liability which the Customer(s) may suffer or incur as a result of VCS failure, breach of contract, or the deliberate or negligent acts or omissions of any of VCS employees, shall be limited to the sum of the Accommodation Fee procured on the respective Booking.

XVI. CORRECTIONS

If any information on the Services, including information on Accommodation Services and Booking Confirmations, contain typographical errors, omissions, or inaccuracies, including descriptions, pricing, availability, and various other information, we reserve the right to correct any errors, omissions, or inaccuracies. VCS may correct, update, or change such information on Services at any time, without prior notice.

XVII. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactory resolved, you can report your complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

XVIII. MISCELLANEOUS

The Customer hereby agrees that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Parties shall negotiate in good faith in order to agree on the terms of a mutually satisfactory alternate provision, which shall, to the furthest possible extent, produce the same effects.
These Terms shall be binding on Customer's successors, heirs, personal representatives, and assigns.
Customer and VCS are independent contractors for purposes of these Terms and the Services. Nothing in these Terms shall create any partnership, joint venture, agency, consultancy, or trusteeship.
It is Customer's responsibility to determine what, if any, taxes apply due to your use of Services, and it is Customer's responsibility to report and remit the correct tax to the appropriate tax authority.
If a Customer

a. makes a Booking of an Accommodation Service and makes another Booking of an additional Accommodation Service for the same vacation and during the same visit to the Website; or

b. makes a Booking for additional Accommodation Services for the same vacation through a link provided to the Customer by VCS no later than 24 hours after receiving the Booking Confirmation for the first Booking;

the Customer will not benefit from rights applying to packages under Directive (EU) 2015/2302 or the UK Package Travel and Linked Travel Arrangements Regulations 2018. VCS will not be liable for the proper performance of such linked Accommodation Services.

XIX. ELECTRONIC STATEMENT AND COMMUNICATION

The Customer acknowledges that by the act of clicking or ticking on the respective field(s) on the Website, where it is described that the Customer read, understood, and confirms/ approves these Terms, shall constitute an electronic statement for acceptance, signing and confirmation of these Terms on behalf of the Customer.
These Terms are available and accessible at https://spryr.com/terms and can always be downloaded in pdf. format by the Customer and stored on its device.
The Customer acknowledges that VCS will communicate with the Customer electronically, especially via email and through other electronic means provided for by the Services, which shall satisfy any legal requirement of communication in writing. The Customer further agrees to the electronic use and delivery of electronic signatures, Booking Confirmation and other contracts, and any other records initiated, completed, or accepted by VCS via email or through other electronic means provided for by the Service.

XX. CONTACT

For requests, complaints, or further information with regard to the Services, please contact us at:

VCSphere Ltd.

Bahnstrasse 3

9494 Schaan

Liechtenstein

or via phone under

toll free from the US: +1 888-506-4954

for international calls: +1 321-204-0358

or by email: [email protected]