Travel Agency Agreement
This agreement describes the terms and conditions applicable to the services available on or through Priceline Partner Services, doing business as GetaRoom.com (and formerly known as Consumer Club, Inc., as used collectively in this agreement “Travel Agent”), and details your responsibilities, thereby limiting the liability of Travel Agent and its third-party suppliers. These suppliers include, without limitation, the airlines, hotels, rental car companies and other suppliers that provide travel or other services through Travel Agent (such third parties collectively referred to as the "Travel Service Providers").
BEFORE using any of the services available through Travel Agent, please read this Agreement carefully.
By accessing the Travel Agent services, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions, which will constitute our agreement ("Agreement"). If you do not agree with any part of this Agreement, you must discontinue use.
Travel Agent reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these Terms and Conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services based on the specific terms of your reservations and the Travel Service Providers.
PLEASE REVIEW THIS AGREEMENT CAREFULLY, SPECIFICALLY THE MUTUAL ARBITRATION PROVISION IN SECTION 5. THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE ANY AND ALL DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE MUTUAL ARBITRATION PROVISION, AND THAT YOU HAVE TAKEN TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND AND CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION.
By entering into this Agreement, You also acknowledge that You have read, understood, and voluntarily agreed to the Privacy Policy, which is expressly incorporated herein by reference.
Definitions - The following definitions are used herein:
- a. Travel Agent
For purposes of this agreement "Travel Agent" is defined as one of: Priceline Partner Services, d/b/a/ Getaroom.com, a Texas registered company with a business address, 3010 LBJ Freeway, Suite 1500, Dallas, Texas 75234, for transactions in US Dollars (USD) and Canadian Dollars (CAD). IATA number 45500011, FKA Consumer Club Inc.; and/or our parents or subsidiaries. Travel Agent has been an IATA approved and sanctioned Travel Agent since September 5th, 2005. The principal place of business of Travel Agent is Dallas, Texas.
- b. Travel Agent Site
- For purposes of this agreement, Travel Agent's Site is defined as Getaroom.com.
- c. Travel Agent Services
- For purposes of this agreement Travel Agent Services is defined as any and all services and benefits conferred by Travel Agent, including, but not limited to, providing concierge services, providing city guides, facilitating reservations for rental cars, airfare, hotel rooms, cruises, restaurant reservations, and/or show/event tickets, and providing links to web sites travelers might find helpful.
Business with Travel Agent
You must read, agree with, and accept all of the terms and conditions contained in this Agreement. Any person or entity availing themselves of the services provided by Travel Agent, via this web site, and/ or any personal contact with any agent or representative of Travel Agent, acknowledges and agrees that by use of any of the Travel Agent Services, it is bound by the terms and conditions set forth herein. Any and all transactions undertaken on or through this Travel Agent Site by any and all persons, corporations, partnerships, and/or legal entities who benefit from the use of this site, hereby agree to: (1) the applicability of the law of the State of Connecticut to any matters related to, or arising from, the use of this Site, and/or Travel Agent Services and (2) the exclusive venue in Fairfield County, Connecticut for any and all matters arising from any involvement of Travel Agent in providing services to any person or entity. Because Travel Agent is involved in international travel it is critical to the ability of Travel Agent to provide Travel Agent Services, that Travel Agent be able to predict the consequences and potential liability of Travel Agent, including the controlling jurisdiction.
Use of Travel Agent Site
As a condition precedent to using Travel Agent Site, you hereby represent and warrant that you are a person or entity who has the capacity to enter into a contract. If you are a natural person, you must be 18 years or older. You may maintain only one account. You agree to make reservations only for yourself or for another person, or legal entity, who specifically authorized you to make such reservations. You represent and warrant that your use of Travel Agent Site or Travel Agent Services is not for the purpose of competing with, and/or interfering with, and/or causing damage or harm to Travel Agent.
Travel Agent solely reserves the right to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, account, account password, or use of the Site, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability.
To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. The presence of a link to a third-party site does not constitute or imply Travel Agent’s endorsement or recommendation of the third-party, or of its content, products, or services. If you choose to access any third-party site, you do so at your own risk.
Requirement of Internet Access
You must have Internet access and a valid email address to avail yourself of any Travel Agent Service. Travel Agent is not responsible for your inability to connect to the Internet, to log onto the Travel Agent Site, to access your account, or to access reservations made through the Travel Agent Site and/or through any transaction with Travel Agent.
Legal Action
- a. Disputes and Arbitration
Travel Agent is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section. You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Sites and/or any of its related applications or services; any dealings with Travel Agent, including with our marketing and customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Priceline; or our Privacy Policy (collectively, “Claims”) by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days of receipt, you may seek relief through arbitration or small claims court, as set forth below. This informal process is a condition precedent to your ability to initiate a claim in arbitration or small claims court.
This Agreement shall be governed by the laws of the State of Connecticut, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third- party and Travel Agent, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Connecticut, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
- b. Mandatory Arbitration
Please read this provision carefully. It requires that any and all claims must be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. These limitations apply to any claims against Travel Agent, its subsidiaries or affiliates, any travel service providers or companies offering products or services through the Site.
In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator’s decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.
By using this Site, you, any Third-party, and Travel Agent agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA ("Rules and Procedures"), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons, except that the arbitrator shall have the authority to award public injunctive relief where applicable).
As an exception to arbitration, you, any Third-party, and Travel Agent retain the right to pursue in a small claims court located in the federal judicial district that includes you or the Third-party’s billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against Travel Agent, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.
If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ("Notice") addressed to: Legal Department, priceline.com LLC, 800 Connecticut Avenue, Norwalk, CT 06854 ("Notice Address"). The Notice must (is) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If Travel Agent, and you, and/or any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or Travel Agent is entitled. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon.
To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for Connecticut or, if there is no federal jurisdiction over the action, in the courts of the State of Connecticut located in Fairfield County, Connecticut. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Connecticut, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
You and any Third-party further agree that no proceeding against Travel Agent, its parents and affiliates, or any travel service providers or companies offering products or services through the Site (under this provision or otherwise) may proceed as a class action’ or proceed on a basis involving claims brought in a purported representative capacity (either on behalf of the general public or other users or persons). However, where applicable, the arbitrator shall have the authority to award equitable or injunctive relief which necessarily may affect the rights and obligations of persons not party to the arbitration (i.e., public injunctive relief).
Upon motion of one or more affected parties, the arbitrator may, in its discretion, consolidate more than one arbitration with one or more related arbitrations involving similar claims in an effort to ensure that the arbitration process is an efficient, timely and cost-effective alternative to litigation. All parties will retain the right to request an individualized hearing. Notwithstanding the foregoing, the arbitrator may not preside over any form of a representative or class proceeding that would affect the rights of any individual, unless that individual has actually initiated and is currently maintaining a demand for arbitration pursuant to this Agreement.
In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Travel Agent will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against Travel Agent, Travel Agent will reimburse such prevailing party for any fees or costs the prevailing party paid to AAA in connection with the arbitration.
If you prevail in the arbitration, the arbitrator may award you statutory damages and/or your reasonable attorney fees and expenses, to the extent that the arbitrator believes them to be necessary or mandated by law. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to Travel Agent’s last written settlement offer to you, Travel Agent will pay only the amount of the award, not the minimum recovery.
Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, Travel Agent will not be entitled to seek reimbursement of its attorney’s fees for any Claim the arbitrator finds to be non-frivolous.
With the exception of sub-part (d) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (d) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor Travel Agent shall be entitled to arbitrate their dispute.
Arbitration rules and forms may be obtained from AAA at https://www.adr.org/ or by calling AAA at 1-800-778-7879.
If you or any Third-party do not choose to accept this binding arbitration provision, you or such third-party must notify Travel Agent in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this Site, whichever date is sooner. Such notice shall be sent to the notice address defined in subsection (b), above. If you so notify us by that time that you do not accept the binding arbitration provision, you and any such third-party may not continue to purchase services or products on this Site unless and until Travel Agent notifies you or such third-party otherwise. Travel Agent shall have the right to prohibit your and such Third- party’s future purchase of services or products on this Site.
Credit Card Chargebacks
You, the User, have the ability to dispute charges with credit card companies ("chargebacks"). If you have a question about a charge on your credit card statement, we encourage you to call Travel Agent prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us. Travel Agent retains the right to dispute any chargeback that it believes is improper, as described more fully below. Travel Agent also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.
By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. In all cases, the cancellation policy of each reservation is made available on our Site. Please note that certain rates or special offers are not eligible for cancellation or change. To the extent permitted by law and subject to any mandatory consumer rights, Travel Agent deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User:
● Chargebacks resulting from non-cancellable reservations in the event that Travel Agent cannot provide a refund, whether or not the reservation is used.
● Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
● Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description.
● Chargebacks resulting from force majeure or other circumstances that are beyond the control of Travel Agent or its parent or subsidiaries.
Disclaimer of Warranties
All content contained within or available through this Site are provided to you on an "as is," basis. Travel Agent makes no representations or warranties of any kind, either express or implied, as to the operation of this Site or the information, content or materials included on this Site. To the fullest extent permissible, Travel Agent disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Travel Agent does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Travel Agent does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.
General Limitation of Liability
To the extent permitted by law, in no event shall Travel Agent, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through this Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Site or any Site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any delay or inability to use the Site, or any information, products, or services obtained through the Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages.
The travel service providers are independent contractors and not agents or employees of the Covered Parties. To the extent permitted by law, the Covered Parties do not assume liability or for any injury, damage, death, loss, accident or delay due to an act or omission of a Travel Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control.
No Covered Party shall be responsible for any Travel Service Provider's breach of warranty, nor for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement or with applicable federal, state, provincial and local law.
To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, user agrees the liability of any such party shall in no event exceed the total charge to the user assessed by Priceline for making a Request.
Indemnification
You agree to defend and indemnify Travel Agent and the Covered Parties 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 (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:
a. your breach of this Agreement
b. your violation of any law or the rights of a third party; or
c. your use of this Site in violation of this Agreement.
Copyright and Trademark Notices
The content on this Site is protected under United States and international laws, including trademark and copyright laws. The content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, lodging star rating system, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of “Content”), are proprietary to and owned by Travel Agent, its corporate affiliates, and/or the Travel Service Providers. Some trademarks, service marks and other company designations on the Site may belong to third parties or Travel Service Providers and are used on the Site under license or for identification purposes only. The use of marks on the Site that belong to third parties, and the availability on the Site of goods or services from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Site and its services by any such third party.
If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:
Attn: Get a Room Legal
800 Connecticut Avenue
Norwalk, CT 06854legal@priceline.com
Facsimile: (203) 299-8917
● A clear identification of the copyrighted work that you claim has been infringed.
● A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
● Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
● A statement that you have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
● 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."
● The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Copyright infringement notifications can be sent to Travel Agent by email, mail, or facsimile as follows:
We will not process your notice if it is incomplete. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.
Agreement to Receive E-mails from Travel Agent
By signing up to receive electronic newsletters of Travel Agent, book reservations of any sort and/or by creating an account, you agree to receive email communications that are account, transactional, membership, promotional or travel-related from Travel Agent. You can opt-out of receiving promotional travel-related emails by either visiting your account page to edit your profile or following the unsubscribe link on any of the travel-related emails you receive. If you booked reservations through Travel Agent for any service and/or created an account, you may not opt-out of communications which are account related and not promotional in nature. If you do not wish to receive these communications, you can deactivate your account and cancel all reservations for any Travel Agent Service.
Access and Transferability of Travel Agent Account
Upon your registration as a person or entity who avails itself of Travel Agent Service, you agree to provide your email address and a password that will allow you to access your account (on the Site), verify activity, change, or cancel reservations, and modify your account information.
Authorization for Travel Agent to Act
Travel Agent is entitled to act on instructions received under your email address and password. For security purposes, Travel Agent recommends that you memorize your email address and password and do not put it in written form in any location. You are responsible for keeping your email address, password, and other personal account information confidential. Travel Agent is not responsible for any lost or misplaced email address or password nor is it Travel Agent's responsibility to make any changes or cancellations made to your account by someone else who uses your password. You should immediately notify Travel Agent if your email address or password has been lost, stolen or has been disclosed to an unauthorized person, and provide written confirmation of same as soon as possible.
Assignment
No reservations made by Travel Agent, of any type, may be assigned or transferred to any third party except as expressly permitted by Travel Agent in writing.
Access to the Site
Travel Agent may interrupt your access to the Site, without liability to you or any other user, for the performance of maintenance on the Site, or to correct issues on the site. Travel Agent will use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours.
Prohibited Activities
The content and information pertaining to the Services and membership provided (including, but not limited to, price, descriptions, and availability on Travel Agent Site), as well as the infrastructure used to provide such content and information, is proprietary to Travel Agent. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through Travel Agent, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products or services obtained from or through the Services, membership, and/or any information provided on the Travel Agent Site. Additionally, you agree not to:
- use Travel Agent and/or Travel Agent Services, and/or Travel Agent Site for any commercial purpose;
- make any speculative, false, or fraudulent reservation of any sort, that you do not plan to use for your personal benefit, or any reservation in anticipation of demand by any third party;
- access, monitor or copy any content or information from Travel Agent, and/or Travel Agent Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on the Travel Agent Site and/or Travel Agent Services or bypass or circumvent other measures employed to prevent or limit access to the Travel Agent Services;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined exclusively by Travel Agent;
- deep-link to any portion of Travel Agent Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of Travel Agent Site and/or any Travel Agency Services, into any other website, mobile application, product or service without Travel Agent's prior written authorization.
Site Provider
Travel Agent connects you to providers of travel services. Travel Agent Site is intended to facilitate your booking of air fare, cruises, dining reservations, shows, hotel rooms, and the providing of other travel related services as illustrated by the Travel Agency Site, from vendors that provide those products and services. Travel Agent is not directly involved in providing actual airfare, cruises, hotel rooms, room service, valet parking, meals, any food products, and/or tickets of any sort. As a result, Travel Agent has no control over, and makes no representations regarding, the quality, safety or legality of the products and services offered, food provided, accommodations provided, and/or the truth or accuracy of the listings or the ability of the vendors to offer services.
In the event that you have a dispute with one or more vendors, or suffer any damage or harm, bodily injury, or economic loss, you hereby expressly release, remise and forever discharge Travel Agency, and its officers, directors, agents, subsidiaries, joint venturers, assigns and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, to including but not limited to food allergies, contamination, damage or injury from fire, damage or injury to or from any automobile, and/or any damage or harm from any and all hotel accommodations including swimming pools, exercise equipment, and dining services. You also represent and warrant that you understand that Travel Agent is a third-party company and that you understand and agree that Travel Agent does not directly or indirectly provide any service other than booking travel services. Further you understand and agree that Travel Agent is an independent entity from the provider of travel services. You understand, agree, and you have been advised, that Travel Agent is not a hotel company and that you have not been led to believe that you are booking a room with a hotel directly.
Change or Cancel Fees Specifically Related to Reservations Booked by Travel Agent
Any change or cancellation fee charged will be identified in the specific terms of your booking. There are some rates and membership fees that are specifically identified as nonrefundable that cannot be refunded once the service, car rental, cruise, or hotel room is booked. On all otherwise cancellable rates, for any hotel you will be charged for a one-night stay in the hotel, including all hotel tax charged by the hotel, and any fees charged by Travel Agent for the total booking, in the event you do not cancel your reservation within the time indicated on your confirmation receipt for the reservation. There may be other fees imposed by lodging suppliers and if the reservation is not canceled by the time indicated, the entire amount, including the hotel fees, the hotel taxes, and the Travel Agent's service fees may be forfeited. Any such cancellation fees of the airlines, rental car, cruise ships, hotels or other products and services, will be disclosed to customers at the time of booking. To make changes to your reservation, you must call our toll-free number or click on the Customer Care button on the Site. Any and all reference to cancellation policies referenced in any e-mail from Travel Agent are binding and enforceable. When you book a room through Travel Agent you understand and agree that when you book a hotel room the cancellation policy referenced in the confirmation e-mail is binding.
Prepaid Reservation Payment
For Prepaid reservations, you authorize Travel Agent to book reservations for the price of airline tickets, rental cars, hotel rooms, and any other services charged by the provider, plus any applicable fees and taxes (including but not limited to bag charges, gas charges, and any applicable taxes, and service fees charged by Travel Agent). You also acknowledge that you have requested that Travel Agent provide you booking services, including but not limited to locating rates at a particular hotel, to act as your agent in booking of reservations at hotels, restaurants, and shows and any additional Travel Agent Services. Travel Agent customers acknowledge that the rates displayed on Travel Agent Site is a combination of the fees charged by the service provider i.e., cruise ship, airline, rental car company, hotel, hotel supplier, including any applicable taxes and/or insurance and gas charges, and the marketing membership and service fee charged by Travel Agent. No charges will be assessed by Travel Agent in excess of the fee disclosed to the customer in the invoice provided by Travel Agent to customer at the time of booking. Upon submitting your reservation request you authorize Travel Agent to process any and all reservations on your behalf, including making payment arrangements with suppliers of airfare, cruise ship services, rental car, and hotel suppliers.
Ratings
Because Travel Agent is not the agent of any airline, rental car company, cruise line, and/or hotel, Travel Agent cannot, and does not guarantee the accuracy of rates indicated on Travel Agent Site. Travel Agent uses best efforts as your agent to determine the appropriate rates for any rental car company, restaurant, and/or hotel you select, but these are intended merely as guidelines and not as any form of guarantee. Because Travel Agent is not in the air travel business, rental car business, and/or hotel business, and does not sell a particular car, air travel ticket, or hotel room, but only assists you in making reservations, you understand and acknowledge that we have no control or authority over the airline, rental car, and/or hotel, or the rates they charge, or services they provide. Any decisions regarding update, maintenance, or description of the cruise, car, and/or hotel is provided exclusively by the providers of each. Lodging providers are constantly making changes, improvements and renovations to their products. Likewise lodging providers are constantly making their rooms available for customer's use, so any deterioration in the hotel rooms is not within the control of Travel Agent. Thus, Travel Agent is not in a position to comment or give any opinion regarding the appropriateness of any fees charged by the hotels. We make best efforts to keep the Site updated. However, because of the nature of Travel Agent's Services, we are not in control of the quality of rooms provided by any particular hotel, at any time. Travel Agent does not guarantee the accuracy of any information on the Site, nor do we make any guarantee that the lodging establishment is not undergoing any renovations.
Charges NOT Paid by Travel Agent
Upon check-in at a hotel or for a cruise, customer acknowledges that customer will be required by the cruise line or hotel to provide a credit card to cover any incidental expenses that are incurred by the customer at any time during the stay. These expenses include, but are not limited to, room service, meals, valet parking, additional hotel taxes, internet fees, beverage fees, spa services, picture purchases, and any other fees associated or incidentals with staying at any particular hotel and/or traveling on any particular cruise line.
Groups
You may not book more than 8 airline reservations, 8 people for the same cruise, 8 people for rental cars, or more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 services referenced above for the same dates, in total, in separate reservations and/or in the same reservation, we may at our sole discretion cancel your reservation(s), and charge you any applicable membership, service, and/or cancellation fees. If you purchased a non-refundable rate or rates for special events (i.e., Mardi Gras, Super Bowl, etc.,) the cost of your entire reservation may be subject to forfeiture. If you wish to book 9 or more services, including air fare, car rental, cruises, hotel rooms, you must contact our group travel specialists by phone or by filling out the group travel form online. A travel specialist from our groups affiliate partner will research your request and may contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.
Exchange Rate
Currencies fluctuate in value. All payments and refunds are currently processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment/refund. All refunds are subject to this variation and Travel Agent is not responsible for any difference in exchange rates between time of payment and the time of refund. 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 in real time. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Travel Agent and the providers of airfare, rental car, cruises, and/or hotel rooms do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Check-in Requirements
You are required to provide official State or authorized government issued ID upon check-in for any Travel Agent reservation. In addition, you are required to provide a credit or debit card upon request from the hotel for incidentals, as referenced above. You are required to provide an official State or authorized government issued ID with your picture upon check in for any airline, cruise ship or car rental. Your failure to produce such ID may result in forfeiture of the booking of the Travel Agent Service without any right to refund.
Nationality Restrictions
International suppliers' rules, restrictions, and conditions may limit the use of Travel Agent reservations. Some suppliers of Travel Agent Services may vary depending on the guest's nationality. For example, Disney attractions, immigration fees charged at airports, and some hotels and suppliers may charge variable rates depending on the guest's nationality. With regard to variable pricing at hotels, one hotel might have 3 different rates for a resident from an Association of Southeast Asian Nations country, a European market and finally for a Singapore/Malaysian resident. You may be asked to show your passport to the service provider, including but not limited to a hotel. You may be asked to provide your credit card details and address prior to check-in. Travel Agent will do its best to provide you with this information in advance, however Travel Agent will not be liable for any fluctuations in hotel rates, immigration dues or fees, and/or any other charges assessed against any citizen of any country. In the event of a price fluctuation as a result of any service provider including, but not limited to any airline, rental car company, and/or hotel charging the customer an additional fee for use of its hotel room, Travel Agent is not responsible for the additional charges and agrees only to use best efforts to report the actual rate to be charged by any such service provider.
Supplier Rules and Restrictions
Additional terms and conditions may apply to your reservation and/or purchase of travel-related services that the provider requires. Please read their 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 boarding on an airline, refusal to rent a car, and/or denial of access to any hotels, condominiums or vacation rentals. You may forfeit any monies paid for such reservation(s) or purchase, including but not limited to membership fees and payment for Travel Agent Services. You hereby authorize Travel Agent to debit your account for any costs Travel Agent 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 Travel Agent Site.
Prices
The price of the travel services provided by Travel Agent will be as quoted on the Travel Agent Site 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 Travel Agent's best efforts, some of the travel services listed on Travel Agent Site may be incorrectly priced. Travel Agent 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, and without requiring you to forfeit your Travel Agent VIP Membership. However, cancellation as a result of a pricing error will not be considered in determining the 30 room night bookings referenced in Section 30 above. Travel Agent 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. Prices quotes on the web site may not include all fees and you specifically represent and warrant that you understand and agree that the price quoted on the web site for hotel stays does not include all fees and taxes. Fees and taxes for the room rate will be included on the final pricing and on the confirmation e-mail. However, the final rate quoted in the final e-mail does not include specific charges assessed by the hotel for miscellaneous expenses that the customer may incur such as parking fees, room service, resort fees, city taxes, other taxes, internet use or other miscellaneous charges such as room service or movie rental.
Method for Making Changes or Cancellations
Travel Agent does not change or modify existing nights to reservations. You can cancel your reservation either online at our Travel Agent Site, or by calling our customer services number 800-468-3578. You may add additional services to an existing reservation provided the services desired are still available, and under the terms that are available at the time of the modification.
Each reservation is subject to the providers' cancellation policy, which varies by provider. In the case of hotels, condos, and room reservations the typical service provider usually requires notice of cancellation 24 to 72 hours prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the cancellation or change fee as stated on your confirmation receipt or indicated in the cancellation policy for the hotel. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. NOTE, some hotels charge for the entire stay. There are no refunds for no-shows or early check outs! If you intend to arrive at your hotel after the first night of your reservation, you MUST contact us prior to the commencement of the applicable cancellation policy, to prevent cancellation of your reservation and avoid any applicable fees from the hotel, condo, or room provider.
You agree to pay any cancellation or change fees that you incur. As stated above some travel service providers including airlines, hotels, and car rental companies do not permit changes to or cancellations of reservations after they are made, as indicated in the cancellation / change policy for the Travel Agent Service. You agree to abide by these Terms imposed with respect to your prepaid travel reservations for any hotels, airlines, cruise lines, and car rental companies. In the event that a hotel or service provider is unable to honor your reservation, Travel Agent will not be liable for any cost incurred due to rebooking of the flight, change of rental car, or relocation to another hotel or condo.
Best Price Guarantee Terms
If you find a lower room rate for a hotel room or condo on Travel Agent Site, or within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date, we will either attempt to match the rate or cancel your reservation without penalty and refund our membership fee and any service fee paid to Travel Agent.
To submit a Claim, You must contact the Travel Agent's customer service dept. at 1-800-468-3578 or submit your request using the online Best Rate Guarantee form within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives. In the event you remain booked, but at a lower fee, Travel Agent will still be entitled to the same Service fee for booking your room.
The Best Rate Guarantee is available only for exact itinerary matches, including property, room type, applicable cancellation policy, and dates of travel as booked through Travel Agency. 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 are not eligible for the guarantee. The guarantee applies to the cost of booked travel, as presented in your booking confirmation, including any taxes and fees collected by us from you at the time of booking. The 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. It is not available for reservations on websites where the property or other reservation 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.
The Best Price Guarantee applies only to prices both advertised and available to the general public. For example, this does not include rates offered on 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.
All requests are subject to verification by Travel Agent. 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.
Verified requests will receive a credit to the credit card used for the reservation at the time of booking. Note, it may take up to 30 days or the next billing cycle for your refund to appear on your statement.
We reserve the right in our sole discretion to modify or discontinue the Best Rate Guarantee 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 claim will determine your eligibility under the guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
International Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travel Agent urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and https://www.cbp.gov/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.
You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change and you should check for up-to-date information before booking and departure. Travel Agent accepts 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.
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.
Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1 spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2 treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: https://www.who.int/publications/i/item/9789240014459
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK. Travel Agent IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Links to Third Party Sites
Travel Agent Site may contain hyperlinks to websites operated by parties other than Travel Agent. Such hyperlinks are provided for your convenience only. Travel Agent does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other locations) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Unless otherwise expressly permitted by authority of Travel Agent, websites may not hyperlink to any page beyond the homepage of Travel Agent Site or frame this Travel Agent Site or any web page or material herein, nor may any entity hyperlink any aspect of this Travel Agent Site in an email for commercial purposes without the express written permission of Travel Agent.
Bank and Credit or Debit Card Fees
Some banks and credit or debit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit or debit card, your bank may convert the payment amount, both for the room and the membership fee charged by Travel Agent, to your local currency and charge you a conversion fee. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore may be a different figure than the figure shown on the billing summary page for the reservation booked through Travel Agent. In addition, a foreign transaction fee may be assessed if the bank that issued your credit or debit 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.
This Agreement was last amended and posted on this Site on February 24, 2023.