Travel Services Terms & Conditions
Last Revised August, 2018
These Travel Services Terms & Conditions (the "Travel Terms") apply to your (i) use and access of the websites listed below and (ii) use of the travel related products, services and content booked through these websites (collectively, the "Travel Services").
In these terms, the term "you" refers to the customer accessing the Travel Services and/or booking a reservation through the Travel Services. By accessing or using the Travel Services, or booking any reservations for travel products or services on the Travel Services, you agree to these Travel Terms. The terms "we", "us", "our," or refer to Expedia, Inc. a Washington corporation and its subsidiaries and corporate affiliates, including Travelscape, LLC. Travel Services are provided by third parties such as hotels and airlines (“Suppliers”) and may be subject to additional terms or policies, including, but not limited to, the rules and restrictions and other policies described in Section 3. If you do not agree to these Travel Terms, do not access the Travel Services or book any reservations through the Travel Services. Please read these Travel Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court.
The Websites are US websites and all prices on the Websites are in US dollars. If you are booking from outside the United States your bank and/or credit card company may charge additional fees as described below.
USE OF THE TRAVEL SERVICES
As a condition of your use of the Travel Services, you warrant that:
· you are at least 18 years of age;
· you possess the legal authority to create a binding legal obligation;
· you will only use the Travel Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
· you will inform such other persons about the Travel Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
· all information supplied by you on this website is true, accurate, current and complete; and
· if you have an account on this website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Travel Services, at any time and for any reason, including, but not limited to, for violation of these Travel Terms.
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue Claims as explained in this section.
Any and all disputes or claims relating in any way to the Travel Services, any dealings with customer service agents, any services or products provided, or any representations made by us (“Claims”) will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, the Travel Partner, Suppliers, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Travel Terms, regardless of whether prior versions of the terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Travel Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to "Legal: Arbitration Claim Manager,” at 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
2. PROHIBITED ACTIVITIES
The content and information on the Travel Services (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us and the Suppliers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Travel Services, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Travel Services. Additionally, you agree not to:
A. use the Travel Services or its contents for any commercial purpose;
B. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
C. access, monitor or copy any content or information of the Travel Services using any robot, spider, scraper or other automated means or any manual process for any purpose without the express written permission of us and any Supplier that owns such content or information;
D. violate the restrictions in any robot exclusion headers on the Travel Services or bypass or circumvent other measures employed to prevent or limit access to the Travel Services;
E. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
F. deep-link to any portion of the Travel Services (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission and the permission of any Supplier that owns or operates that portion of the Travel Services; or
G. "frame," "mirror" or otherwise incorporate any part of the Travel Services into any other website or application.
If your booking or account shows signs of fraud, abuse or suspicious activity, we or our Suppliers may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we and our Suppliers reserve the right to take any necessary legal action and you may be liable for monetary losses to us and our Suppliers, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us.
3. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Suppliers may change their prices without notice. We and our Suppliers reserve the right to cancel your booking if full payment is not received in a timely fashion.
The Travel Services may provide the opportunity to book a reservation for a combination of two one—way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in us or our Suppliers debiting your account for any costs we or they incur as a result of such violation.
We and our Suppliers are not liable for any costs incurred due to hotel relocation.
4. PREPAID HOTEL RESERVATIONS
You acknowledge that we pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that we facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by us and the facilitation fee retained by us for our or their services. You authorize us to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on our services. You agree that your credit card will be charged by us for the total reservation price. The company taking that payment and charging your credit card will be either (1) Travelscape, LLC., registered office 10190 Covington Cross Drive, Suite 300, Las Vegas, NV 89144, taking such payment on behalf of the travel service provider, or (2) the travel service provider directly. Upon submitting your reservation request you authorize us to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice us for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as co-vendors with the Supplier with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by you. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the rules and restrictions imposed with respect to your prepaid hotel reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact us directly. One of our travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your hotel booking.
5. PAY NOW OR PAY LATER DETAILS
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the "Pay Online Now" option, we will charge the amount to your credit card in US dollars immediately. If you select "Pay Later at the Hotel", the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Coupons may only be applied to "Pay Online Now" bookings.
6. BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
7. REWARDS PROGRAMS
If you are a member of Supplier’s frequent travel or other reward or benefit scheme and we provide you with the ability to enter your program number in connection with any bookings of Travel Services, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. We do not accept any responsibility if the relevant supplier does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.
8. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
9. LIABILITY DISCLAIMER
By offering reservations for travel products in particular international destinations, we, any business partner for which the Websites may be provided (the “Travel Partner”), and the Suppliers do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations.
The Travel Services may include inaccuracies or errors, including pricing errors. In particular, we, the Travel Partner, and the Suppliers do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of any hotel, air, car, or other travel products and services displayed on the Travel Services (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we, the Travel Partner and the Suppliers expressly reserve the right to correct any pricing errors on the Travel Services and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Ratings displayed on the Travel Services are intended as only general guidelines. Neither we, the Travel Partner, nor any Supplier guarantees the accuracy of the ratings. We, the Travel Partner, and the Suppliers make no guarantees about the availability of specific products and services. We and the Suppliers may make improvements and/or changes on the Travel Services at any time.
Neither we, the Travel Partner, nor any Supplier makes any representations about the suitability of the information, software, products and services contained on the Travel Services for any purpose, and the inclusion or offering of any products or services on the Travel Services does not constitute any endorsement or recommendation of such products or services by us, the Travel Partner, or any Supplier. All such information, software products, and services are provided "as is" without warranty of any kind. We, the Travel Partner, and the Suppliers disclaim all warranties and conditions that the Travel Services, its servers or any email sent from us or Suppliers are free of viruses or other harmful components. We, the Travel Partner, and the Suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The Travel Partner and the Suppliers are independent contractors and not agents or employees of us. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Travel Partner or Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall we, the Travel Partner, or any Supplier be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Travel Services or with the delay or inability to access, display or use the Travel Services (including, but not limited to, your reliance upon opinions appearing on the Travel Services; any computer viruses, information, software, linked sites, products and services obtaining through the Travel Services; or otherwise arising out of the access to, display of or use of the Travel Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we, the Travel Partner, or a Supplier has been advised of the possibility of such damages.
If, despite the limitation above, we, the Travel Partner, or a Supplier is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of each of us, the Travel Partner, and any Supplier will in no event exceed, in the aggregate, the greater of (a) the service fees you paid in connection with the Travel Services, or (b) One-Hundred Dollars (US $100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Travel Terms is found to have failed of its essential purpose. The limitations of liability provided in these Travel Terms inure to the benefit of us, the Travel Partner, and the Suppliers.
You agree to defend and indemnify us, the Travel Partner, and the Suppliers and our and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your:
· breach of these Travel Terms;
· violation of any law or the rights of a third party; or
· use of the Travel Services.
11. COPYRIGHT AND TRADEMARK NOTICES
The contents of this Website and the logos and products mentioned herein are © 2016 by us, Suppliers and/or the Travel Partner.
12. NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
A. A clear identification of the copyrighted work you claim was infringed.
B. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
C. Your address, email address and telephone number.
D. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
E. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
F. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or by email to firstname.lastname@example.org.
13. COUNTER NOTICES
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
A. Identification of the specific content that was removed or disabled and the location that content appeared on the Website. Please provide the URL address if possible.
B. Your name, mailing address, telephone number and email address.
C. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
D. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper and send the written communication by fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or via email to: email@example.com. For any additional questions regarding the DMCA process, please contact us at (425) 679-3751.
14. PATENT NOTICES
One or more patents owned by us may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
A. GOVERNING LAW
These Travel Terms are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of the Travel Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Travel Terms, including, without limitation, this paragraph.
If any part of these Travel Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Our registered seller of travel numbers are listed below:
California registration number: 2029030-50
Florida registration number: ST-31901
Hawaii registration number: TAR-5461
Iowa registration number: 601
Nevada registration number: 2002-0758
Washington registration number: 601975803
Registration as a seller of travel in California does not constitute the state's approval.
NEW YORK STATE TAX REGISTRATION
New York sales tax vendor registration number (through Travelscape) is 880392667
New York City hotel occupancy tax registration number (through Travelscape) is 033960.
Please click here for additional information:
New York State Certificate of Authority
New York City Certificate of Authority