The agreement behind every escape.

These Terms and Conditions ("Terms") are an agreement between you and Gatewiser LLC ("Bidaway", "we", "us"), which operates bidaway.co (the "Site"). By using the Site, creating a profile or placing a bid you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

The service

Bidaway is a vacation auction platform for travelers in the United States. We curate travel packages ("escapes") built around a destination, a hotel or villa stay, and selected experiences, and we offer them in time-limited ascending auctions. You explore the collection, place bids, and if you hold the highest valid bid when an auction closes, we confirm your travel dates with you and arrange payment and booking.

Each escape lists its destination, number of nights, number of guests, inclusions and an indicative departure date. Flights are excluded unless an escape states otherwise. The reference price shown with each escape is the typical retail price of a comparable package and is provided for comparison only.

Your profile

You must be at least 18 years old and a resident of the United States to create a profile and bid. You agree to give accurate information, to keep your password confidential and to tell us promptly if you believe your profile has been used without your permission. You are responsible for activity under your profile. You can delete your profile at any time under Settings once you have no bids on open auctions.

Auctions and bids

Free to bid. Creating a profile and placing bids is free. No payment card is required to bid.

Bids are binding. A bid is an offer to purchase the escape at the amount you enter, in US dollars. Each bid must exceed the current bid by at least $25. Bids cannot be withdrawn once placed; you may place a higher bid while the auction is open.

Closing. Each auction shows its closing time. The highest valid bid recorded by our server before the closing time wins. The countdown shown in your browser is for convenience; our server clock is authoritative. We may cancel an auction before it closes if an escape becomes unavailable, in which case no bid on it is binding.

Daily collection. A new worldwide collection opens every day. Escapes created with the trip builder stay open for 24 hours.

Winning, payment and travel

After you win. Your won escape appears in My trips, and our travel team emails you within one business day to confirm your travel dates within the escape's travel window and to send a secure payment request for the winning amount.

Payment. Payment is due within 72 hours of our payment request. We do not charge any card automatically; you complete payment through the secure payment link we send. If payment is not completed in time, or if we cannot agree on travel dates within the escape's travel window, the escape is released and may be offered to the next highest bidder.

Booking confirmation. Your booking is confirmed when we have received your payment and sent you a written confirmation with the hotel details and inclusions. Until then no reservation is held in your name.

Changes and cancellation. Date changes after confirmation depend on the supplier's conditions and may carry a fee. If you cancel after confirmation, the supplier's cancellation terms stated in your confirmation apply. If we cancel a confirmed escape for any reason other than your breach of these Terms, you receive a full refund.

Travel documents. You are responsible for valid passports, visas, vaccinations and travel insurance for everyone traveling. We recommend travel insurance for every escape.

Trip builder

Signed-in travelers can open a personalized auction by choosing a destination, a number of nights and a number of guests. The resulting escape, its inclusions and its starting bid are derived from our destination collection. You may have up to five personalized escapes open at a time. The same bidding rules apply.

SMS Terms

The Bidaway text message program ("Bidaway Updates") is operated by Gatewiser LLC ("Bidaway", "we", "us").

By opting in, you consent to receive transactional text messages for app notifications from Bidaway at the mobile number you provided: confirmations about your profile, bid confirmations, outbid alerts, auction results, updates about your trips, and replies to your questions. We do not send marketing or promotional text messages. Consent is not a condition of creating a profile, of bidding or of any purchase.

Message frequency may vary. Standard message and data rates may apply.

To stop receiving messages, reply STOP to any message. You will receive one message confirming your opt-out and no further messages after that. You may also opt out by updating your preference under Settings or by contacting us at contact@bidaway.co.

For help, reply HELP to any message or contact us at contact@bidaway.co.

Wireless carriers are not liable for delayed or undelivered messages.

We may change these SMS Terms at any time. Changes take effect when posted on this page. For how we handle your information, see our Privacy Policy at bidaway.co/privacy.

Acceptable use

You agree not to use the Site to break the law, to place bids you do not intend to honor, to bid on your own behalf through multiple profiles, to interfere with other travelers' bids, to collect information about other users, to interfere with the Site's security or operation, or to copy the Site's content for commercial purposes. We may cancel bids, suspend or close profiles that violate these Terms and refuse future bids.

Our content

The Site, its design, text, graphics and software are owned by Gatewiser LLC or its licensors and are protected by copyright and other laws. Destination photography is provided through Unsplash under its license. You may use the Site for your personal, non-commercial purposes only.

Disclaimers and limitation of liability

The Site is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. Reference prices are estimates, and escape descriptions summarize inclusions that are confirmed in writing after you win.

To the fullest extent permitted by law, Gatewiser LLC and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from your use of the Site or from any escape. Our total liability for any claim relating to an escape will not exceed the amount you paid for that escape, and for any other claim will not exceed one hundred US dollars (USD 100). Some jurisdictions do not allow these limitations, so they may not apply to you.

Governing law

These Terms are governed by the laws of the State of Wyoming and applicable federal law of the United States, without regard to conflict of law rules. Any dispute will be brought in the state or federal courts located in Wyoming, and you consent to their jurisdiction.

Changes to these Terms

We may update these Terms from time to time. The date at the top shows when they were last changed. Continued use of the Site after a change means you accept the updated Terms.

Contact

Questions about these Terms? Email contact@bidaway.co or write to Gatewiser LLC, 30 N Gould Street, Sheridan, WY 82801, United States.