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.