RESERVATIONS.COM TERMS OF SERVICE

This Agreement was last modified on April 4th, 2023

Thank you for using Reservations.com, brought to you and operated by Benjamin & Brothers LLC d/b/a Reservations.com (together with its subsidiaries and affiliates that provide or relate to the services, “Reservations.com”, "us", "we", or "our"). Please read these Terms of Service (“Terms”) carefully before accessing, using or obtaining any services, products or information from us. These Terms are an agreement with you as a user of Reservations.com (“you” or “User”) and govern your use of our website at www.reservations.com (the “Site”), as well as your use of any of our reservation or booking services and/or our Customer Call Center (collectively, the “Services”), whether through the Site directly, our mobile application, or via any website(s) or mobile application(s) that link to the same. These Terms incorporate the Reservations.com Privacy Policy, along with any other terms and conditions that may apply to any of our products, features, promotions, other functionality and/or customer service, including our Cookie Policy.

These Terms represent a binding contract between you and us, and by accessing or using our Site or Services in any manner, you expressly agree to be bound by these Terms. If you do not agree with these Terms, you may not use our Site or Services.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

Please review these Terms periodically for changes. We may modify or replace these Terms for any reason and at any time, by posting the updated terms on the Site. Such changes shall be effective immediately upon posting of the revised terms on this Site. The effective date of the updated Terms will appear at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Reservations.com is not a provider of accommodations or other travel products

Please note that Reservations.com is a hotels and travel products search and logistics platform. Reservations.com does not provide, own or control any of the hotels, other accommodations, flights, rental cars or other travel packages or products that you may view or access through the Site (collectively, the “Travel Products”). All Travel Products are owned, controlled and provided by third party provider from whom we source such Travel Products in order to provide you with the best deals and service we can. Such third party provider may have their own terms of service and privacy policies which may be applicable to your actual reservation, and you must review and agree to the same. Any reservation made through our Site is made with the third party provider of the applicable Travel Product, and we have no direct responsibility for the same.

To provide you with the best deals on Travel Products possible, we may source inventory directly from third party providers as well as from suppliers who are not themselves direct providers; we refer to these suppliers as “Booking Partners.” Through our relationship with our Booking Partners, we are authorized to market and/or sell the inventory offered by us. Please note though that we do not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control, and we assume no responsibility for, any Booking Partner, any of the Travel Products they offer, their content, their policies, or any of their practices.

As a search and logistics platform, we display third party content. Reservations.com is not responsible for and cannot guarantee the accuracy, timeliness or completeness of any such third party content. The content displayed on our Site changes routinely and additional terms and conditions and/or prices may apply, depending on the third party provider. Some Travel Products may be sold in a currency other than U.S. dollars, though unless otherwise indicated, all prices are displayed on our Site in U.S. dollars.

Your engagement with any third party for Travel Products through Reservations.com is at your sole risk. The display on or through the Site of any individual Travel Product does not imply our endorsement of the same, or in any way constitute a recommendation from us about the nature of such Travel Product(s). We do not bear any responsibility or have any liability, other than as expressly set forth in these Terms, in connection with the same.

Use of the Site

As a condition of your use of this Site, you represent and warrant the following:

1. You are at least 18 years old;
2. You possess the legal ability and authority to create a binding legal obligation;
3. You will use this Site in accordance with these Terms;
4. You will only use this Site to make legitimate reservations for you and/or another person(s) for whom you are legally authorized to act;
5. You will inform such other persons about the Terms of Service that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
6. All information supplied by you on this Site is true, accurate, current, and complete;
7. You are wholly responsible for any activities conducted through your account; and
8. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services.

To use our Site you may need to create an account. When you create an account, we require you to provide certain information about yourself, including your email address and a password (collectively, “Account Information”). You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow us to contact you from time to time. If you are creating an account on behalf of a party other than yourself, such as your employer, your client, or another legal entity, you represent and warrant that you have the legal authority to do so and acknowledge that by creating the account such third party will be bound by these Terms. You agree that we may send email communications as well as telephone or text messages, including calls and/or push notifications, to you for customer service, account and/or product confirmations, product offers and other similar matters. Calls may be made by an automatic telephone dialing system and/or with an artificial or pre-recorded voice. You acknowledge that you agree to receive the same. You may choose to opt out of much of this correspondence through your account settings or by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages. Please note that even if you opt out, we will still send you account and service-related emails.

Your use of Reservations.com is at your own risk. You are responsible for maintaining the confidentiality of your Account Information and agree to notify us immediately of any unauthorized use of your Account Information or if you otherwise believe your Account Information has been compromised. Notwithstanding any of the foregoing, you are responsible for any losses or damages suffered by Reservations.com via the use of your Account Information. If these Terms are not enforceable where you are located, you may not use Reservations.com.

restrictions and prohibited uses

Reservations.com is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our service. Except with our prior written permission, you may not:

1. Attempt to impersonate another person or use another person’s Reservations.com account information without express, written authorization;
2. Distribute Reservations.com for your own commercial purposes;
3. Violate or attempt to violate any of the Reservations.com security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
4. Redistribute, decompile, reverse engineer, publish, or copy any portion of the Reservations.com website or services;
5. Use Reservations.com for the purpose of creating a product with a substantially similar look, feel or design;
6. Access or search Reservations.com by any means other than our publicly supported interfaces (for example, “scraping”);
7. Interfere with others’ use and enjoyment of Reservations.com;
8. Use any Reservations.com trademarks, trade names, service marks, copyrights, or logos in your own mailings, spam material, contests or surveys, or to create the impression you are associated with such items;
9. Violate any third party’s rights, including intellectual property or privacy rights.

Written requests regarding any of the aforementioned restrictions and prohibited use may be submitted to [email protected]. Engaging in prohibited uses is grounds for immediate termination of your account and may also subject you to civil or criminal penalties.

Pricing Structure and Cancellations

The rates displayed on our Site are a combination of the rates and fees charged by the third party provider supplying the relevant Travel Products and/or the Booking Partner.

We additionally charge a non-refundable service fee for each transaction completed via the Site or our 24/7 Customer Call Center. Our service fee is clearly separated from the provider’s rate for the applicable Travel Product(s). OUR SERVICE FEE IS NON-REFUNDABLE, EVEN IF YOU MODIFY AND/OR CANCEL A MODIFIABLE/CANCELLABLE RESERVATION. The total price will include our service fee.

There may be other charges that accrue to you from the Travel Services provider, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly. Before booking, you should check to determine whether the Travel Services provider will charge additional fees upon your arrival.

EACH PROVIDER, BOOKING PARTNER, AND EACH BOOKING IS DIFFERENT. SOME ARE MODIFIABLE AND/OR CANCELABLE, SOME ARE NOT. PLEASE CAREFULLY READ THE CANCELLATION POLICY ASSOCIATED WITH THE RESERVATION YOU ARE BOOKING, WHICH APPEARS BELOW THE AREA WHERE THE CHARGES FOR YOUR RESERVATION IS DISPLAYED, OR AS OTHERWISE DISPLAYED BY OUR BOOKING PARTNERS. IF YOU ARE CALLING OUR 24/7 CUSTOMER CALL CENTER, PLEASE REVIEW THE CANCELLATION POLICY WITH THE AGENT. Change(s) to a reservation after booking may result in additional fees at the discretion of the provider and/or the Booking Partner. Cancellations or no-shows are subject to a monetary penalty, the total amount of which is within the providers and/or the Booking Partner’s discretion.

Tax Recovery Charges and Fees

In addition to the rate and our service fee, our Site displays a line item for “Tax Recovery Charges and Fees,” which you will be charged when making your reservation. “Tax Recovery Charges and Fees” consists of: (i) an estimate of the taxes payable in connection with your booking, including, but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes; (ii) if applicable, taxes payable by our Booking Partner in connection with your booking; and (iii) service fees retained by our Booking Partner and/or us in addition to our itemized service fee.

Some bookings, like those that do not require payment in full at the time of making your reservation, may not include the “Tax Recovery Charges and Fees” line item. Instead, that booking may display an estimate of the taxes applicable to the transaction that you can expect to be charged directly upon arrival.

We do not collect taxes for remittance to applicable taxing authorities. The provider of the Travel Products is responsible for remitting applicable taxes. In certain jurisdictions, our Booking Partner may also be responsible for remitting taxes related to your booking. Neither us nor any of our Booking Partners act as a co-vendor with each other or with any hotel.

The amount paid for taxes in connection with your booking may vary from the estimated amount charged to you, depending upon the rates, taxability, and any other metric in effect at the time when you actually use the applicable Travel Product(s). If the amount paid is less than the estimate, the balance of the charge for “Tax Recovery Charges and Fees” is retained by us and/or our Booking Partner as part of the compensation for facilitating and servicing your reservation.

“Tax Recovery Charges and Fees” do not include other charges, like resort fees, energy surcharges, parking fees, pet fees, and incidental charges (such as room service, mini-bar, gratuities). Unless otherwise indicated, these amounts will be collected from you directly by the provider.

Because we are not the entity responsible for remitting taxes, we are not able to honor any request for a tax-exempt booking, but the applicable provider may be able to offer tax exemption with proper proof of eligibility. We make no promise or guaranty that any provider will honor a tax-exempt request.

Canadian GST/HST. If you book a Travel Product for an accommodation that is located in Canada, you should contact the supplier of the Travel Product (e.g., the hotel proprietor) to obtain tax registration numbers and/or invoices to support any GST/HST input tax credit that may be available. Any such registration number you receive from the supplier of the Travel Product is solely the responsibility of the supplier and is not affiliated with Reservations.com.

Intellectual Property

Reservations.com and its content, features and functionality are owned by Reservations.com and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and you agree to abide by them. Without our prior written consent, you may not copy or store Reservations.com Content (as that term is further defined below) in any form outside of the Site and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Reservations.com Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Reservations.com are, as between you and us, the sole and exclusive property of Reservations.com. As used herein, Reservations.com “Content” includes but is not limited to, all information, images, video clips, files, software, technical information, specifications, catalogs, trademarks, service marks, trade dress, and other content or materials on the website. Any dated Content is valid as of the indicated date only.

Some Reservations.com features either now or in the future may allow you to post or submit content and materials for publication on Reservations.com (“Your Content”). You represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Reservations.com. You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Reservations.com or the specific features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You may also be able to view or access content and materials published to Reservations.com by other users (collectively, “User Content”). Reservations.com does not control User Content and cannot guarantee its accuracy. Reservations.com is not responsible for User Content and you should keep this in mind when making any decisions based on such User Content. We appreciate when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.

Security

Reservations.com maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the Site. No such measures are capable of guaranteeing complete security though, and we disclaim all implied warranties as to the security of the Site.

Travel Advisories and Visa Requirements

Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge all users to review travel prohibitions, warnings, announcements, and advisories (including, but not limited to, health and disease advisories) issued by the destination governments prior to booking travel (“Travel Advisories”), particularly when travelling to international destinations.

By displaying Travel Products in particular destinations, Reservations.com does not represent or warrant that travel to such points is advisable or risk-free and we can never be held liable for damages or losses that may result from travel to such destinations. You make all reservations at your own risk. You may want to purchase travel insurance, but it may not cover all circumstances or costs that could arise. Depending on the cancellation policies of the applicable providers that apply to your reservation (see Pricing Structure and Cancellations above), you may not be able to modify or cancel your reservation, even if a Travel Advisory or other condition prevents you from using your reservation.

Reservations.com is not liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.

Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, and animal parts, among others. It is your responsibility to verify and comply with all applicable regulations.

Although the Site may be accessible worldwide, we make no representation that materials or content displayed on or through the Site are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

Disclaimer of Warranties

ALL INFORMATION OR SERVICES PROVIDED BY RESERVATIONS.COM TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. RESERVATIONS.COM AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, RESERVATIONS.COM AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT RESERVATIONS.COM AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER RESERVATIONS.COM NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. RESERVATIONS.COM FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT RESERVATIONS.COM, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST RESERVATIONS.COM FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

WE STRIVE TO MAINTAIN RESERVATIONS.COM ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS AT ALL TIMES.

Limitation of Liability

IN NO EVENT SHALL RESERVATIONS.COM OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO RESERVATIONS.COM FOR YOUR USE OF THE SERVICES, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF RESERVATIONS.COM; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT RESERVATIONS.COM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BY ACCESSING OUR SITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

New Jersey Residents: Reservations.com acts as an intermediary of third-party providers of Travel Products (including our Booking Partners), and are in no way liable for any damage arising from your purchase and/or use of such travel and/or hospitality-related goods or services. The above-referenced limitation on liability does not apply to New Jersey residents to the extent any such damages are a direct result of Reservations.com’s negligence, willful misconduct, or legal claims arising from the same.

Notice of Infringing Material

If you believe in good faith that any of the content or materials hosted on our Site 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 you claim is infringing on the Site, 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;" and
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 [email protected] with subject line reading “IP/Trademark Infringement – YOUR NAME” or by writing to our mailing address with ATTN: Legal – IP/Trademark.

Agreement to arbitrate and waiver of class action claims

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at [email protected]. Before we file a claim against you, we agree to contact you at the email address associated with your Reservations.com account, or if you have not established an account then at your preferred communications method. If the dispute is not resolved within 60 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

A. GENERAL. YOU AGREE THAT YOU AND RESERVATIONS.COM WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO RESERVATIONS.COM OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org. Unless otherwise prohibited by applicable law, and except for New Jersey residents, any claim must be filed within two (2) years from the date on which such claim arose or accrued.

C. LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Orlando, FL, or any other location you and we mutually agree to.

D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.

E. CLASS ACTION WAIVER. YOU AND RESERVATIONS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

F. PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS. If any court or arbitrator determines that the PAGA Waiver set forth in this paragraph is void or unenforceable, then this clause shall be deemed null and void in its entirety, but the remaining clauses herein shall survive unless a court or arbitrator determines otherwise.

G. NO RIGHT TO JURY TRIAL. YOU AND RESERVATIONS.COM ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

H. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision to opt-out by email to [email protected]. For new users, the notice must be sent within 30 days of registering with Reservations.com, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.

General

Governing Law, Jurisdiction and Venue: Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Florida law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Orange County, Florida, as the legal forum for any dispute between them.

Indemnification: You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Reservations.com, Your Content, or the violation of these Terms by you.

Force Majeure: A force majeure event is any event beyond either our or your control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. We are not responsible for any third party provider’s and/or Booking Partner’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall we be responsible for any other wrongdoing of any third party provider’s and/or Booking Partner’s (including any liability in tort), as to any products and/or services available through the Site. We do not guarantee continuous access without interruption to the Site.

Third Party Links: Reservations.com may provide links to third party websites or services as necessary to effectuate the Services. We provide these links as a convenience and these third party websites or services are not under our control. Any use of such third party websites or services is at your own risk.

Language Translation: The Site and the Terms of Service may exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Service shall prevail.

Severability and Waiver: If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.

Notice: All notices from Reservations.com to you will be provided to the email address that you provide when registering your account. All notices from you to Reservations.com should be provided to [email protected], or sent via postal mail to the address below. Notice will be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid.

Accessibility: While we do not have a place of public accommodation or offer our Services at a place of public accommodation, such that the Americans with Disability Act does not apply to us, we still strive to make our Site and Services accessible. If you are a person who needs an accessibility accommodation in order to utilize this Site and our Services, we offer certain assistance that may help. Please call our 24/7 Customer Call Center at 800-916-4339. We do not charge you for such assistance, however, every customer who books a reservation with us is charged our service fee. You are not charged a service fee if you do not book a reservation with us.

Miscellaneous: These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by Reservations.com, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.

Contact Us

If you have any questions about this Agreement or our Site, please contact us via the following:

BENJAMIN & BROTHERS LLC DBA: RESERVATIONS.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST41363.