User Agreement
The terms “we,” “us,” and “Company” refers to Hotels.com, LP, a
Texas limited partnership, and “you” refers to the customer booking a
reservation through us directly through this website, or indirectly through any
of our affiliates through whom we provide our products and services. All reservations you book with us are
subject to the following terms and conditions as they exist at the time the
reservation is made. We reserve the right to change these terms and conditions
in the future.
1. Limitations on
Use of Website.
As a condition of your use of this website, booking a reservation with us, or
using any of the information, data or images from the website, you warrant and
represent to us that you will not use this website or information, images or
data on the website, for any illegal purpose, or for any purpose that is
prohibited by this agreement, and you agree not to: modify, copy, distribute,
transmit, publish, display, license, create derivative works from or sell any
product, services, information or software obtained from this website.
2. Your Warranties
to Us.
You warrant that you are at least 18 years old and possess the legal authority
to enter into this agreement and to use this website in accordance with the
terms and conditions of this agreement. You agree to be financially responsible
for all of your use of this website as well as for the use of your name and
credit card account to pay for products and services purchased at this website
by members of your household, including minors living with you. You also
warrant that all information supplied by you or members of your household in
using this website is true and accurate.
3. Terms of Service.
(a)
Reservation Charges.
You agree that
your credit card will be charged for the full cost of your reservation when the
Company accepts your reservation order. The cost of your reservation is the
total of: the indicated room rate multiplied by the number of days in your
reservation, plus an additional amount for the tax recovery charges and our
service fees. The tax recovery charge is assessed to recover the amount we pay
to the hotel in connection with your reservation for local occupancy, value
added and other similar taxes, and the balance of the additional amount is a
fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount
and location of your reservation.
(b) Cancellations Policies. You
may cancel or change your reservation, but you will be charged the cancellation
or change fee indicated on the reservation order form. In addition, if you do
not cancel or change your reservation before the cancellation policy period
applicable to the hotel your reserved, which varies by hotel (usually 24 to 72
hours prior to your date of arrival), you will be subject to a charge of
one-night's room rate, tax charges and service fees. See the hotel description
for the cancellation policy period for each hotel. You agree to pay
any cancellation or change fee that you incur. In some cases, we are
unable to permit changes to or cancellations of reservations after they are
made, generally for stays during holiday periods or special events. You will be
notified before the reservation order is completed and your credit card is
charged if a reservation is non refundable or non changeable. You agree to
abide by the terms and conditions imposed with respect to any completed
reservation order for a hotel stay as specified on the reservation order form.
(c) Low Price Guarantee. The
Company attempts to secure the best hotel rates available. The Company’s guarantee provides limited
assurance that our rates are the lowest rates available. If a lower room rate is available to you for
the same dates and the same hotel within 24 hours of the time your booked your
reservation and you contact us within that 24-hour period, we will either
refund the difference or cancel your reservation without cancellation fee or
other charge. This guarantee does not
apply to special events such as New Years and the Super Bowl.
4. Contract Formation.
No contract will exist between you and the Company or its
affiliates for the sale by us to you of any product or service unless and until
the Company accepts your reservation by an email confirming your reservation
and issuing you a unique confirmation code. Acceptance will be deemed complete
and will be deemed to be effectively communicated to you for all purposes at
the time that the Company sends the email to the email address you provide in
your reservation form, whether or not you receive the email.
5. Links to Third Party
Websites.
Our website contains links to websites operated by parties other
than the Company. Those links are provided to you for your reference and
convenience only. We do not own or control the content of those websites and
are not responsible for their content or your use of them. We do not endorse
the content of any of those websites.
6. Electronic
Communications.
You communicate with the Company electronically whenever you visit
hotels.com or send emails to us. You
consent to receive communications from the Company electronically and by
fax. You agree that all notices,
disclosures, agreements and other communications that we provide to you
electronically or by fax satisfy any legal requirements that communications be
in writing.
7. Liability Disclaimer.
THE COMPANY AND ITS AFFILIATES MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.
THE COMPANY AND ITS AFFILIATES HEREBY DISCLAIM ALL IMPLIED WARRANTIES ,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IN NO EVENT SHALL THE COMPANY OR ITS
AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS)
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE
DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS,
RESERVATIONS, OR SERVICES OBTAINED OR CONTRACTED FOR THROUGH THIS WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE
COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8.
Applicable Law.
By using this website or booking a
reservation through us you agree that the internal laws of the State of Texas,
without regard to the principles of conflicts of laws, will govern this
agreement and any dispute of any kind that arises between you and the Company
or its affiliates. You hereby agree that any dispute arising from or relating
to the use of this website or hotel reservations made through us, will be
subject to binding arbitration under the commercial rules of the American
Arbitration Association. The arbitration shall be conducted in Dallas County,
Texas, USA before neutral arbitrators. Use of this website is unauthorized in
any jurisdiction that does not give effect to all provisions of this agreement,
including, but not limited, to this paragraph. We reserve the right to
comply with law enforcement requests or requirements relating to your use of
this website or information provided to or gathered by the Company with respect
to your use of this website. If any
provision of this agreement is determined to be invalid or unenforceable
pursuant to applicable law by any court of competent jurisdiction, the other
provisions of this agreement will remain in full force and effect.
9.
Copyright and Trademark Notices.
This web site is operated by, and the contents
of this website are copyrighted 2002, Hotels.com, L.P., 8140 Walnut Hill
Lane, Suite 800, Dallas, Texas 75231, USA. All rights reserved. Hotel
Reservations Network, Hotel Discounts, hotels.com, the hotels.com logo and
bellman, and 1-800-96-HOTEL are trademarks or registered trademarks of
Hotels.com, L.P. Other product and company names mentioned herein may be the
trademarks of their respective owners.