Terms of Use

Desti Terms of Use

Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this app.

By accessing, using or obtaining any content, data, materials, information, products or services through the Desti app or Desti websites (collectively “Desti”), you agree to be bound by these terms and conditions.

If you do not accept all of these terms, then please do not use Desti.

We recommend you print out a copy of these terms and conditions for your future reference.

1. Acceptance of Terms of Use and amendments
Each time you use or cause access to this app you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this app or accessed via a related website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Use. Please read the app's Privacy Policy, which is incorporated within these Terms of Use by reference.

2. Desti's service
This app and the services provided to you on and via this app are provided on an "AS IS" basis. You agree that Desti Inc. reserves the right to modify or discontinue provision of this app and its services, and to remove any data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Desti will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

You realize that Desti is a search engine that collects information from multiple third party sources and cannot vouch or guarantee the correctness or truthfulness of any or all of these. This includes any textual information, quantitative information or images presented in Desti. Specifically with regards to accommodation photos displayed in Desti that are provided by the accommodations themselves, It is the responsibility of the hotel chain and/or the individual property and/or photo owner to ensure the accuracy of the photos displayed. Desti is not responsible for any inaccuracies in the photos.

3. Your responsibilities and registration obligations In order to use this app or certain parts of it, you may be required to register for a user account on this app; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this app's Terms of Use, including any amendments made by Desti that are published herein.

4. Privacy Policy
Registration data and other personally identifiable information that the app may collect is subject to the terms of Desti's Privacy Policy.

5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Desti of any unauthorized use of your user account, user name or password.

6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this app may expose you to content that may be objectionable or offensive. Desti will not be responsible to you in any way for content displayed on this app, nor for any error or omission. By using this app or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this app or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use this app to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this app to promote or operate any service or content without the app editor's prior written consent; (e) you will not provide any content that may give rise to Desti being held civilly or criminally liable, or that may be considered a violation of any local, national, or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Submission of content on Desti
By providing any content to Desti, including comments, ratings, textual content, images and so forth: (a) you agree to grant Desti a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Desti the license specified in this section 7; (c) you acknowledge and agree that Desti will have the right (but not obligation), at Desti 's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through Desti. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Desti will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

9. Indemnification
You agree to indemnify and hold harmless Desti and Desti's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this app or service, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.

10. Disclaimer of Warranties
You understand and agree that your use of this app and of any services or content provided (the "service") is at your own risk. Services and content are provided to you "AS IS", and Desti expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Desti makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither Desti nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this app may be used solely at your own risk, and that Desti will not be held liable in any way. Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

11. Travel Booked Through Desti
Desti enables you to view prices and information for various travel products on other third party sites, and may also refer you to other third party services to book travel. In this capacity Desti operates as a search engine and may or may not have a direct or indirect business relationships with these third part service providers. In any case any business you transact with these third parties is strictly between you and that third party, Desti is not liable or responsible for its terms, its privacy, the services provided or any other aspect thereof.

Desti enables you to book hotels on Desti using the Book with Desti service ("Book with Desti"). The Book with Desti feature is powered by our third-party travel partner, EAN.com L.P. If you choose to book a hotel reservation through Book with Desti, additional terms apply—please carefully read those terms here (hosted by an affiliate of EAN.com L.P.). By booking a hotel reservation through or otherwise using Book with Desti, you acknowledge and agree to be bound by those terms. You understand that those terms govern your hotel booking transaction, and that in the event of any material conflict between those terms and this Agreement with respect to your hotel booking transaction or other use of the Book with Desti feature, those terms shall prevail. You further understand and agree that if you encounter any problems with the hotel booking transaction or with the hotel reservation you book in that transaction, you must resolve your dispute with EAN.com L.P., and your sole remedy, including any refund, lies with EAN.com L.P., not with Desti. Desti has no control over EAN.com L.P. and is not responsible for its terms, its privacy, data security or other practices, its performance, or its content, advertising, or other materials it may provide to you, whether or not provided through Desti. If you choose to book a hotel reservation using Book with Desti, Desti collects your payment information and passes it on to EAN.com L.P. to complete the transaction and process your payment, in consistence with the terms of Desti's Privacy Policy.

12. Limitation of Liability
You expressly understand and agree that Desti will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Desti has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into or through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you. All other terms and conditions remain enforceable notwithstanding.

Travel Destinations
Travel to certain destinations may involve greater risk than others. Desti urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov,www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, DESTI DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

13. Reservation of rights
Desti reserves all of Desti's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Desti may have in respect of this app, its content, and goods and services that may be provided. The use of Desti's rights and property requires Desti's prior written consent. By making services available to you, Desti is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this app or provided services without Desti's prior written consent.

14. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, you may contact us via email to: contact@Desti.com.

15. Applicable law
You agree that these Terms of Use and any dispute arising out of your use of this app or products or services provided will be governed by and construed in accordance with local laws applicable at Desti's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this app, or by using this app and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Desti's domicile, and that any disputes will be heard by the said courts.

16. Miscellaneous information
(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this app or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) Desti may assign Desti's rights and obligations under these Terms of Use; in this event, Desti will be relieved of any further obligation.