Terms and Conditions

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The terms "we", "us", "Company" and "Hotels.com" refers to Hotels.com, L.P., a Texas Limited Partnership having its registered office at 5400 LBJ Freeway, Suite 500, Dallas, Texas 75240, USA, its affiliates and/or their respective suppliers and providers ("Hotels.com"), and "you" refers to the individual person creating an account with us and/or the customer booking a reservation though us directly through this website, or indirectly through any of our affiliates through whom we provide services. This website is offered to you and is conditioned on your acceptance without modification of the terms, conditions and notices contained herein as they exist at the time the reservation is made. All use of your account by you and utilization by us of the information related to your account together with reservations you book through us are subject to the following terms, conditions and notices. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these terms and conditions then you are not authorized to use this website. Hotels.com may extend the benefit of the arrangements in this agreement to its affiliates which offer an online travel service under the Hotels.com name in South Africa.

 

PERSONAL AND NONCOMMERCIAL USE LIMITATION 

 

This website is for your personal and non-commercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Hotels.com or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to 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 this website. In addition, whether or not you have a commercial purpose, you agree not to: 

 

•   access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Hotels.com, L.P.; 

•   violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website; 

•   take any action that imposes, or may impose, in the discretion of Hotels.com, an unreasonable or disproportionately large load on the Hotels.com infrastructure; or 

•   deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Hotels.com 

 

LIABILITY DISCLAIMER 

 

NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITY FOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, HOTELS.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND HOTELS.COM AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOTELS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

 

HOTELS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HOTELS.COM OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOTELS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE 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 PURPOSE, TITLE, AND NONINFRINGEMENT.

 

THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR HOTELS.COM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HOTELS.COM OR ITS AFFILIATES. HOTELS.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HOTELS.COM AND ITS AFFILIATES 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 EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

IN NO EVENT SHALL HOTELS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOTELS.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION 

 

You agree to defend and indemnify Hotels.com, its affiliates, and/or their respective suppliers and any 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:

• you or on your behalf in excess of the liability described above; or 

• by third parties as a result of 

-        your breach of this agreement or the documents referenced herein; 

-        your violation of any law or the rights of a third party; or 

-        your use of this website. 

 

NO UNLAWFUL OR PROHIBITED USE 

 

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

 

LINKS TO THIRD-PARTY SITES 

 

This website may contain hyperlinks to websites operated by parties other than Hotels.com. Such hyperlinks are provided for your reference only. Hotels.com does not control such websites and is not responsible for their contents or your use of them. Hotels.com's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

SOFTWARE AVAILABLE ON THIS WEBSITE

 

Any software that is made available to download from this website ("Software") is the copyrighted work of Hotels.com, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

 

For any Software not accompanied by a License Agreement, Hotels.com, L.P. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.

 

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by Hotels.com, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

 

Conditions of use for discount codes

Discount codes ("Coupons") may be applied to pre-paid hotel bookings, excluding bookings at non-participating hotels whose list will be made available along with each specific Coupon.

Participating hotels are subject to change at any time.

Coupons with a discount in a specific currency (e.g. 10 Euro off) cannot be used for bookings paid for in a different currency.

If the discount is based on a percentage (e.g. 10% off), in case of booking of multiple rooms (i.e., when you books 2 or more rooms in the same booking) the discount only applies to the price of the first room included in the booking request.

For specific restrictions on use of Coupons please see the relevant Coupon communication. 

Only one Coupon per booking may be used. Usual booking terms and conditions apply and all bookings are subject to availability. Coupons cannot be sold or transferred.

 

All taxes, fees, charges, and surcharges are applicable to reservations made using Coupons. These charges must be paid at the time of the reservation or directly at the hotel and are your responsibility. Coupons have value only when redeemed in accordance with all terms and conditions of the offer. Coupons cannot be returned for cash or its equivalent.

 

Single-use Coupons will be deemed fully used once a qualifying reservation has been made and will not be returned or replaced and there will be no refund if a Coupon is redeemed in part. Multiple-use Coupons will be deemed fully used in accordance with the restrictions set out in the individual Coupon terms and conditions.

 

If the travel stay dates are changed after the use of a Coupon, then that Coupon will not apply to the changed travel schedule. Coupons may not be used for any previously purchased reservation. 

Coupons cannot be used by travel agencies affiliated to the Hotels.com travel agency program.

Hotels.com reserves the right to vary these conditions of use or to withdraw Coupons at any time.

 

TERMS, CONDITIONS AND WARRANTIES 

 

Tax Recovery Charge 

 

The tax charge on Hotels.com Special Internet Rate hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Hotels.com pays to the vendors (e.g. hotels, etc.) in connection with your travel arrangements.

 

Hotels.com is not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to Hotels.com and Hotels.com remits such tax directly to the vendor. Hotels.com is not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.

 

Taxability and the appropriate tax rate vary greatly by location. Hotel.com’s actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.

 

Service Fee 

 

These fees cover the costs incurred by Hotels.com in servicing your travel reservation.

 

PAY NOW ONLINE OR PAY LATER AT HOTEL DETAILS

 

With certain hotels, you may be presented with the option to pay online immediately or to pay later at the hotel itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. The company taking that payment and charging your credit card will be either: (1) Travel Partner Exchange or another member of the Hotels.com Companies doing business as Hotels.com, taking such payment on behalf of the travel service provider, or (2) the travel service provider directly. ‘TPX’ means Travel Partner Exchange S.L. whose registered office is Calle Villalba Hervas 9, Planta 8, 38002 Santa Cruz de Tenerife, Canary Islands, Spain.

 

If you select to pay later at the hotel itself, the hotel will charge you in the local currency of the relevant hotel at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or Hotels.com will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Hotels.com reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).

 

 

PRICES

 

The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted.  Despite Hotels.com’s best efforts, some of the travel services listed on the website may be incorrectly priced. HOTELS.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON 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. Hotels.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.

 

HOW WE DISPLAY PRODUCTS AND SERVICES ON HOTELS.COM

Travelers have many options on Hotels.com to help them find the perfect hotel.  The “sort” settings allow travellers to order search results to their preference, whether based on price, verified review score, or other criteria.  The “filter” settings also allow travellers to include or exclude various options to suit their travel needs.  If no options are selected, Hotels.com will show a range of relevant options in the search results, based on the criteria outlined below.
In our default sort of “Our Favourites”, the sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you.  We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travellers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us for bookings made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (e.g., by price or by star rating), properties with similar results will be ordered based on the factors above.

Additionally, Hotels.com continually optimizes our service to provide the best experience to travellers.  Accordingly, we may test different default sort order algorithms from time to time.

CHANGES OR CANCELLATIONS 

 

You can change or cancel your lodging booking either online under your Reservations when signed into your Hotels.com account, by emailing our customer services at help@hotels.com, or by calling us on 0800 783 2390 or 0203 027 6612 from a mobile.

You can change your guest name, bed type, smoking preference, special requests, accessibility options, room type, number of guests and travel dates at no charge to you by Hotels.com. Lodging suppliers may impose other change and/or cancellation fees.  Charges vary by reservation, so please review your confirmation email for details.

You agree to pay any supplier required 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 terms and conditions imposed with respect to your prepaid hotel reservations.

You do not have an automatic right to cancellation unless such rights are provided by hotels under their specific rules and restrictions which are provided to you prior to booking. In the event that a hotel is unable to honour your booking, Hotels.com will not be liable for any cost incurred due to relocation.

If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with Hotels.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with Hotels.com the whole booking may be cancelled and refunds will only be due to you in line with the Rules and Restrictions of the particular hotel, as notified in the booking process.

These terms and conditions may not be changed by any unauthorized person, including employees of Hotels.com.

 

Hotels.com™ Rewards TERMS AND CONDITIONS

 

Hotels.com Rewards is a Hotels.com loyalty program (the “Program”). When you book and stay 10 nights with us, we give you 1 free night to redeem. This free night does not include taxes and fees (“Free Night”).

All bookings must be made online or with our call center. You can only collect nights or redeem Free Nights at an eligible Hotels.com Rewards property, and you must pay for your stay when you make the booking.

The Program is open to anyone over 18 years old who signs up to Hotels.com with a valid email address, and then joins the Program. Companies, associations, or other groups may not join. Employees of Expedia, Inc. will not be able to collect nights or redeem Free Nights if they make a booking through the B.E.S.T. program, or if they use an employee discount. If an Expedia, Inc. employee makes a booking without using their discount, they will be able to collect Hotels.com Rewards nights.

Collecting nights

You will collect 1 night for every night you stay at an eligible Hotels.com Rewards property. Collect 10 nights and we give you 1 Free Night. You must be signed in to your Hotels.com account when you book online so we can add the nights you collect to your account after your stay. If you make a booking with us by phone, you must tell us the email address on your account so we know where to add the nights. Only Hotels.com Rewards members collect nights. Other guests on the same booking do not, and you cannot collect nights for any hotel bookings you made before you joined the Program.

We will add any nights you collect to your account up to 72 hours after you check out of the Hotels.com Rewards property. If you collect nights but we later believe that you did not complete your hotel stay (an “Invalid Night”), we reserve the right to remove these Invalid Nights from your account. This could happen if you cancel your booking or did not turn up at the hotel, which would make the nights invalid. You cannot collect any Invalid Nights towards the 10 nights you need to redeem a Free Night.

You can check your account to see how many nights you have collected at any time. Just sign in at Hotels.com, or phone our call center. You are responsible for making sure your account is correct. If you believe that you have not collected the correct amount of nights, we will look into this for you. If any bookings are invalid as mentioned earlier, we will remove them from your account.

In addition to the information above, you will not collect nights for the following:

1. Bookings made with an affiliate Hotels.com site

2. Bookings made before you joined the Program

3. Package bookings i.e. hotel + flight

4. Some bookings made using a discount coupon, voucher or code – you will need to check the terms for each of these

5. Bookings made through Group Travel Services

6. Bookings that do not cost you anything, i.e. are free

Redeeming Free Nights

When you collect 10 nights, we will give you 1 Free Night to redeem at any eligible Hotels.com Rewards property. You can redeem your Free Night online, or give us a call and we will make your booking for you.

The maximum value of your Free Night is based on the value of the 10 nights you collected as long as they have not expired. This value is equal to the average daily rate, excluding taxes and fees, of the nights you previously stayed. If you collected a night at a Hotels.com Secret Price (defined below), this price rather than the regular price will be used for the purposes of the calculation. You must pay for taxes, fees, meals and any other costs associated with your Free Night.

If you used different currencies when collecting your 10 nights, the value of each night is currently calculated using the currency associated with the territory you were in when you joined the Program.

Free Night stays are subject to all applicable booking terms and conditions. You will not collect a night when you redeem your Free Night. Collected nights have no cash value, and you cannot redeem your Free Night for cash.

If you redeem your Free Night on a stay that is less than the maximum value of your Free Night, you will not get the difference in cash, credit or anything else. You can redeem your Free Night on a stay that costs more than the maximum value of your Free Night – you just pay the difference.

If you have more than 1 Free Night to redeem, you can choose which booking you want to apply it to. You cannot combine your Free Night with any other offer, discount coupon, voucher or code, unless the terms for each of these say you can. This means that when you book a stay and redeem your Free Night, you generally will not be able to get an additional discount on that booking.

If you redeem your Free Night on a booking that is longer than 1 night, we will automatically apply its value to the most expensive night in that booking, subject to its maximum value.

Free Night stays are subject to all applicable cancellation policies that are passed onto us by the Hotels.com Rewards property. If you cancel a Free Night within the property’s cancellation window, we will return it to your account within 72 hours of your cancellation. If you cancel a Free Night outside of the property’s cancellation window, it will not be returned to your account.

If you want to change the dates of a booking that includes the Free Night you redeemed, you will need to cancel the booking, wait for the Free Night to be returned to your account, then rebook so you can apply your Free Night to your new booking.

Hotels.com Rewards tiers

The Program has 3 tiers: Hotels.com Rewards, Hotels.com Rewards Silver and Hotels.com Rewards Gold. You will join as a Hotels.com Rewards member. When you collect 10-29 nights in a membership year, you will qualify for Hotels.com Rewards Silver. When you collect 30 nights or more in a membership year, you will qualify for Hotels.com Rewards Gold. A membership year runs for a year from the date you first created an account, and each anniversary after that.

Silver and Gold members have a dedicated phone number they can call 24/7 to make or discuss their bookings. And there are other benefits like early sale access and exclusive offers. These will all be available within 2 weeks of qualifying for Silver or Gold, and will last for the rest of that membership year and the whole of the following membership year. If you do not collect enough nights to stay in Silver or Gold, we will move you down a tier for the next membership year.

Changes and Termination

Your nights will not expire as long as you keep your account active at least once every 12 months. This means you must collect a night or redeem a Free Night in that time, and when you do, the expiry date will be extended for another 12 months. If you do not collect nights or redeem Free Nights in a 12 month period, your nights will expire and we may deactivate your account. If this happens, your nights will not be reissued. Sign into your account to check when your nights are due to expire.

We may change our terms and conditions at any time, with or without notice, including the rules for collecting nights, the different membership tiers and their qualification requirements and associated benefits, the rules for redeeming your Free Night, the list of eligible Hotels.com Rewards properties, and the maximum value of a Free Night. We may communicate these changes to you by email or on our Hotels.com website so please make sure you check your account regularly.

Hotels.com Rewards has no end date and will continue until we close it, which could happen at any time. If we do close the Program, you will have 30 days from when we announce its closure to redeem any Free Nights you have in your account. After that date, you will lose your Free Nights and you will not be compensated.

By continuing to collect nights and redeem Free Nights with Hotels.com Rewards, you accept any changes to these terms and conditions. You are responsible for keeping up to date on any changes that we may make. The most current version will always be available on our website.

General Hotels.com Rewards Terms & Conditions

We reserve the right to discontinue your membership if you act fraudulently or use our loyalty program in a way that does not comply with our terms and conditions, or any federal or state laws, regulations, statutes or ordinances. If we discontinue your membership, you may lose your collected nights and benefits. We also have the right to take appropriate administrative and/or legal action, including criminal prosecution if necessary.

While you are signed up to Hotels.com Rewards, we may communicate any updates to your account or transactions to you by email. We may take back your nights at any time. You cannot sell or transfer your nights, or combine them with another member’s nights. Nights are not transferable if a member dies, if there is a domestic relations issue, or otherwise by operation of law. You agree that all disputes, claims and causes of action like these are resolved individually, without needing to use any form of class action, and exclusively by the appropriate court located in Dallas County, Texas.

If you have any questions about these terms and conditions or your rights and obligations, these will be governed, and construed in accordance with, the laws of the State of Texas.

The Program is void where prohibited by law. Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision. Our decision on all questions or disputes regarding the Program is final.

 

SECRET PRICES

 

Hotels.com Secret Prices ("Secret Prices") are available to the following customers:

•         Hotels.com Rewards members;

•         users who unlock Secret Prices on the website by subscribing to receive emails from Hotels.com; and

•         users of the Mobile Application (as defined in these terms and conditions below).

Hotels.com Rewards members – If you are signed in to your Hotels.com account when browsing the website, you will automatically be shown Secret Prices on selected hotels where the "Your Secret Price" banner is displayed.

Email subscribers – If you are browsing the website and you are not signed in as a Hotels.com Rewards member, you can still unlock Secret Prices by subscribing to receive emails from Hotels.com. Click 'Unlock now' where Secret Prices are mentioned on your hotel search results and enter your email address to do so. Your search results will then show Secret Prices on selected hotels where the "Your Secret Price" banner is displayed. If you have previously subscribed by email, we may remember you depending on your browser settings and the amount of time since you subscribed, in which case your Secret Prices will already be displayed. By providing your email address, you agree to receive great deals and sale alerts via email, although you can unsubscribe at any time by clicking the 'Unsubscribe' link on one of our emails. If you unsubscribe, you will no longer get access to Secret Prices via this method unless you re-subscribe.

Mobile Application users – When using the Mobile Application, you will automatically be shown Secret Prices on selected hotels where the "Your Secret Price" banner is displayed. A user of the Mobile Application will not see Secret Prices when accessing the website via other platforms, unless they are signed in as a Hotels.com Rewards Member or have subscribed to Hotels.com by email.

General Secret Prices Terms and Conditions

Secret Prices are available on selected hotels and on selected dates only. Secret Prices will only be displayed where applicable to your hotel search.

Where a Secret Price is displayed next to a price which has been struck out (e.g. "£150 £100"), the price which has been struck out is the regular price for that hotel on Hotels.com with no other discount applied.

The "Prices" section of these terms and conditions will also apply to Secret Prices. Secret Prices are liable to change at any time, but changes will not affect bookings already accepted.

 

 

PRICE GUARANTEE TERMS

 

Price Guarantee - If you find a lower rate on Hotels.com or on another website by 23:59 local time the day before your stay, we will offer you the difference. Package reservations are not eligible for this guarantee, and other terms and conditions apply, as per the below.

Submitting a Claim - 

For non-refundable bookings:  Hotels.com will compensate you by issuing a coupon with a value corresponding to the price difference. The coupon can be used on a future booking on the Hotels.com site. You must contact the customer call centre or submit your request using the online Price Guarantee form by 23:59 local time the day before your stay. The room with the lower rate must be available for booking at the time you contact us, as determined by our customer service representatives. 

 

For refundable bookings: 

a) Where the cheaper rate is found on Hotels.com: You can either call the customer call centre by 23:59 local time the day before your stay or cancel your existing booking online under Your Bookings when signed into your Hotels.com account and rebook online at the cheaper price. If you call us, the room with the lower rate must be available for booking at the time you contact us, as determined by our customer service representatives. At your request, the customer service representative will rebook the room found at the lower rate using the payment details that you give on the phone. Your original booking will be cancelled by our customer service representative, and you will receive a refund for the price originally paid. Refunds will be processed by Hotels.com immediately, but your bank can take up to 30 days to process the refund.

b) Where the cheaper rate is found on a competitor’s site: Hotels.com will refund the price difference. You must contact the customer call centre or submit your request using the online  Price Guarantee form by 23:59 local time the day before your stay. The room with the lower rate must be available for booking at the time you contact us, as determined by our customer service representatives. Refunds will be processed by Hotels.com upon verification of your request, but your bank can take up to 30 days to process the refund.

 

Comparison must be to same itinerary - The Price Guarantee is available only for exact itinerary matches, including property, room type, applicable cancellation policy, and dates of travel as booked through hotels.com. In addition, the comparison must be to the same property purchased stand-alone through another website.  In other words, properties booked on another website as part of a package will not be eligible for the Price Guarantee. The Price Guarantee applies to the cost of booked travel, as presented on your booking confirmation, including any taxes and fees collected by us from you at the time of booking. The Price Guarantee does not apply to any taxes or fees collected by any third party from you, such as those taxes and fees a hotel may collect directly from you when you stay at the hotel.  The Price Guarantee is not available for bookings on websites where the property or other booking details are unknown until after purchase. You must meet all requirements imposed on the lower price (if any), including, without limitation, residency, regional and age-related requirements.

 

Comparison must be available to the general public - The Price Guarantee applies only to prices both advertised and available to the general public. It also applies to our Secret Prices. The Price Guarantee does not apply to rates offered on competitors' membership program websites; corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received. 

 

Claim Verification - All requests are subject to verification by hotels.com. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith. 

 

Refunds for Verified Requests (for refundable bookings only) - Verified refund requests will receive a credit to the card used for the reservation. Where you have paid for your hotel at the time of booking, we will send your refund upon verification of your request.  Where you have chosen to pay for your Hotels.com booking later at the hotel and you have found the cheaper price on another website, you must pay the hotel the original price upon arrival and we will send your refund after you have completed your stay.  Note, any refunds may take up to 30 days or the next billing cycle to appear on your statement.

 

Coupons (for non-refundable bookings only) - Coupons will be sent to you by email immediately after your request has been made and verified by Hotels.com. Coupon terms and conditions will apply (see above under ‘Conditions of use for discount codes’).

 

Changes - We reserve the right in our sole discretion to modify or discontinue the Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under the Price Guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.

 

 

 

TRAVEL DESTINATIONS 

 

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Hotels.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their country’s relevant foreign office. 

 

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, HOTELS.COM 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.

 

MODIFICATION OF THESE TERMS AND CONDITIONS 

 

Hotels.com reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.

 

GENERAL 

 

This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, USA, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hotels.com as a result of this agreement or use of this website.

 

Hotels.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hotels.com's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Hotels.com with respect to such use.

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

 

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Hotels.com with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hotels.com with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

 

Any rights not expressly granted herein are reserved.

 

USE OF HOTELS.COM WEBSITE 

 

The Hotels.com website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including, without limitation, minors living with you). You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Hotels.com cancelling any bookings associated with your name, email address, or account, and closing any associated Hotels.com accounts. If you have conducted any fraudulent activity, Hotels.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Hotels.com, including litigation costs and damages.  To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.

 

 

SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or 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. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers 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 conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Hotels.com debiting your account for any costs Hotels.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

 

GROUP BOOKINGS

 

You may not book more than 8 rooms online for the same hotel/stay dates.  If we determine that you have booked 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 9 or more rooms, you must contact Expedia’s group travel specialists by phone or by filling out the group travel form online.   One of our group 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. 

 

CURRENCY CONVERTER 

 

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Hotels.com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Hotels.com advises the customer to consult a qualified professional to verify the accuracy of the currency rates. Hotels.com, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

 

USER REVIEWS, COMMENTS, PHOTOS AND CONTENT

 

Hotels.com may display reviews, comments, photos and other material in relation to hotels as well as other holiday and travel experiences ("Reviews"). Hotels.com may also offer a facility allowing users of this website to post Reviews ("User Reviews"). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by Hotels.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website. You grant Hotels.com and its subsidiaries and corporate affiliates (collectively, the "Hotels.com Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Hotels.com Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that the Hotels.com Companies may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such User Reviews may be shared with our supplier partners. You further grant the Hotels.com Companies the right to pursue at law any person or entity that violates your or the Hotels.com Companies' rights in the User Reviews by a breach of these Terms of Use. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by us, the Hotels.com Affiliates or any of our partners or licensees.

 

Specifically, by using such a service, you represent and warrant that:

 

•   you own or otherwise control all of the rights to the User Reviews that you post; 

•   as at the date of posting, the User Reviews submitted are accurate; 

•   User Reviews that you supply do not breach any Hotels.com terms and conditions of use, guidelines or policies (as applicable from time to time); 

•   you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such; 

•   you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity; 

•   you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so; 

·         All photos submitted are subject to our photo submission guidelines

 

Hotels.com claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

 

Hotels.com does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, Hotels.com does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time Hotels.com may offer customers incentives to leave User Reviews (i.e. discount coupon, entry into prize draws etc.). It is important to us that User Reviews are impartial and honest; these incentives will be available to customers regardless of whether the User Review is positive or negative.

 

Hotels.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where Hotels.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.

 

If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: Hotelreviews@hotels.com. 

 

Note that Hotels.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.

 

 Photo Submission Guidelines

 

Any photos you submit must be:

 

·         On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.

·         Community/family friendly –

Ø  Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting. 

Ø  Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.

Ø  Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case a of a child under 13 years of age).

Ø  Children under 13 may not submit photos or other materials.

·         Original – You may only submit your own photos.  Do not submit photos from any other source (personal or commercial).  Do not submit photos that infringe the copyright, trademark, or other property right of any third party.

·         Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.

·         No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Hotels.com and/or those using it.

·         File properties: No individual photo may exceed 5MB file size. Photos submitted must be either .jpg, .bmp, .gif or .png format.

·          NOTICE OF INFRINGING MATERIAL

·         If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) 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.  

·         1. A clear identification of the copyrighted work you claim was infringed. 

·         2. A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material. 

·         3. Your address, email address and telephone number. 

·         4. 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." 

·         5. 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." 

·         6. 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 email to hotels-copyright@hotels.com, by fax to (+11) 425 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:

·         Hotels.com, L.P.

·         Attn: IP/Trademark Legal Dept., DMCA Complaints

·         c/o NRAI

·         16055 Space Center Blvd., Suite 235

·         Houston, TX 77062

·         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: 

1. Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.

·         2. Your name, mailing address, telephone number and email address.

·         3. 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 Hotels.com may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

·         4. 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 to the following address:

·         Hotels.com, L.P.

·         Attn: IP/Trademark Legal Dept., DMCA Complaints

·         c/o NRAI

·         16055 Space Center Blvd., Suite 235

·         Houston, TX 77062

·         OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints 

For any additional questions regarding the DMCA process for Hotels.com, please contact us at (425) 679-3751.

 

ACCOUNT TERMINATION

 

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hotels.com has adopted a policy of terminating, in appropriate circumstances and at Hotels.com’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hotels.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

 

COUNTER-NOTIFICATION

 

Hotels.com does not tolerate false claims of copyright infringement.  If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner.  In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

 

To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others.  If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel. 

 

To expedite our ability to process your counter notification, please send us your notification using the following format:

 

1. Identify the specific content that was removed or disabled by mistake.  Indicate where that content appeared on Hotels.com’s site.  Please provide the URL address if possible.

2. Provide your name, mailing address, telephone number, email address, and 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 Hotels.com, L.P. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

3. Include 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.”

4. Sign the paper.

5. Send the written communication to the following address:

 

Hotels.com, L.P.

Attn: IP/Trademark Legal Dept., DMCA Complaints

c/o NRAI

16055 Space Center Blvd., Suite 235

Houston, TX  77062

 

OR you may fax it to: (+1) 425 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints 

For any additional questions regarding the DMCA process for Hotels.com, please contact us at +1 425 679-3753.

 

ADDITIONAL TERMS OF USE FOR HOTELS.COM MOBILE APPLICATION

 

This section sets out the additional terms and conditions (“App Terms of Use”) governing your use on your mobile phone, smartphone or other mobile device, of our application called “Hotels.com Mobile” (the “Mobile Application”). By selecting the "Accept" button using the Application you are agreeing to be bound by:

 

1. the terms and conditions

2. these App Terms of Use; and

3. our Privacy Policy;

 

together being referred to below as “our Policies”. If you do not agree to be bound by our Policies, you may not use the Mobile Application and you must select the “Decline” button and remove the Mobile Application from your device.

 

In consideration of you agreeing to be bound by our Policies, we grant to you a non-exclusive non-transferable license to download, install and use the Mobile Application and access the content and information available within the Mobile Application (“the Content”) (including, without limitation, price and availability of travel services) in accordance with the provisions of our Policies.

 

All of the terms and conditions set out above governing:

 

1. your use of our website;

2. all content, services, features, software, coupons and reward programs available to you through our website;

3. our legal relationship (including but not limited to our liability to you); and

4. the rights available to us;

 

shall equally and fully apply and shall govern the basis upon which Hotels.com makes the Mobile Application and the Content available for your use. All references to “website” in the above terms and conditions shall be deemed to include references to the Mobile Application and/or Content and shall apply to your use of the Mobile Application and/or Content as the context requires. All references to “agreement” or “terms and conditions” shall also be deemed to include references to these App Terms of Use as the context requires. 

 

This Mobile Application is for your personal and non-commercial use.

 

As a condition of your use of this Mobile Application and the Content, you warrant that you will not use this Mobile Application and the Content for any purpose that is unlawful or prohibited by our Policies.

 

Your device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). Please note, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, please see the “Information about you and your use of the Mobile Application” section below for further information.

 

Except as expressly set out in these terms and conditions or as permitted by any local law, you, undertake:

 

1. not to copy the Mobile Application or the Content except where such copying is incidental to normal use of the Mobile Application;

2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Mobile Application or the Content;

3. not to make alterations to, or modifications of, the whole or any part of the Mobile Application or the Content, nor permit the Mobile Application or the Content or any part of either to be combined with, or become incorporated in, any other programs;

4. not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Mobile Application or the Content nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law; and

5. not to provide or otherwise make available the Mobile Application or the Content in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any third party.

 

Reservation of Rights

 

You acknowledge that all intellectual property rights, title to and interests in the Mobile Application and the Content belong to either Hotels.com or our suppliers and providers. These rights are protected by laws and treaties around the world. All such rights are reserved.

You acknowledge that you have no rights in, or to, the Mobile Application and the Content other than the limited right to use these in accordance with our Policies.

 

You acknowledge that the Mobile Application and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Mobile Application, directly or indirectly, to any countries that are subject to USA export restrictions.

 

Information about you and your use of the Mobile Application

 

We process information about you in accordance with our Privacy Policy. By using this Mobile Application, you consent to such processing so please read our privacy policy carefully. 

 

As further described in our Privacy Policy, the Mobile Application will automatically collect information about:

 

1. how you use the Mobile Application;

2. which Content you access;

3. technical errors or problems which the Application may encounter while being used.

 

By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

 

When you use the ‘find hotels near you’ feature of the Mobile Application, we use available geo-location data from your device using GPS or cellular network data to determine hotels near your location. Although this information is collected anonymously, this information may reveal to us your precise or approximate location for the Mobile Application. We only use this information to locate hotels, as further described in our Privacy Policy. We do not collect location data through the Mobile Application unless you activate the ‘find hotels near you’ feature within the Mobile Application. By using the ‘find hotels near you’ feature you acknowledge, agree and consent to Hotels.com using the aforementioned location data to provide Content and services relevant to your location through the Mobile Application. Sharing of location data through the Mobile Application can be switched off at any time in the settings menu. 

 

Termination

 

Hotels.com may terminate these Terms of Use immediately by written notice to you if:

 

You commit a material or persistent breach of these Terms of Use; or

Hotels.com, at its sole discretion, decides to withdraw the Mobile Application whether in whole or in part.

 

Upon termination for any reason:

 

1. all rights granted to you in the Mobile Application or Content under these Terms of Use shall cease;

2. you must cease all use of the Mobile Application and Content; and

3. you must delete or remove the Mobile Application from your device.

 

These Terms of Use are binding on you and us, and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under these Terms of Use, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use, or any of our rights or obligations arising under these Terms of Use, at any time during the term of these Terms of Use.

 

If we fail, at any time during the term of these Terms of Use, to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

Apple Devices

 

If you are using the Mobile Application on an Apple device (e.g. iPhone, iPod, iPad) then in addition to the above Terms of Use you also agree as follows:

 

1. you acknowledge that the Terms of Use are between us and you only, and not with Apple Inc. of One Infinite Loop, Cupertino, California 95014, U.S.A. (“Apple”);

2. the license granted to you to use the Mobile Application is limited to a non-transferable license to use the Mobile Application on an Apple mobile operating system (iOS) product that you own or control;

3. you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application;

4. in the event of any failure of the Mobile Application to conform to any applicable warranty you may notify Apple, and Apple will refund the purchase price (if any) for the Mobile Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application;

5. you acknowledge that we, not Apple, are responsible for addressing any claims of yours or any third party relating to the Mobile Application;

6. you acknowledge that, in the event of any third party claim that the Mobile Application or your possession and use of that Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;

7. you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and

8. you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

 

Revised and Effective as of 9 June 2017

 

© 2017 Hotels.com, L.P. All rights reserved.