Reservations.com Terms of Service and Dispute Resolution ("Agreement")

This Agreement was last modified on February 21, 2017.

Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.reservations.com ("the Site") operated by Reservations.com ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.reservations.com.

This Agreement outlines the rules concerning your use of our Site and also the terms and conditions of bookings you make with us, including matters concerning pricing, payment, and dispute resolution. PLEASE READ THE AGREEMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers.

Use of the Site

As a condition of your use of this Site, you warrant that:

1. you are at least 18 years old;

2. you possess the legal authority to create a binding legal obligation;

3. you will use this Site in accordance with these Terms of Service;

4. you will only use this Site to make legitimate reservations for you or for another person 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; and

7. if you have a Reservation.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Pricing Structure

You acknowledge that the rates displayed on our Site are a combination of the rates and fees charged by the service provider such as the hotel or hotel supplier and the service fee charged by us or on our behalf. In addition, we charge a non-refundable service fee of $14.99/- for each transaction you book with us as consideration for us facilitating the transaction with the accommodation supplier and for providing you with free access to our 24/7 Customer Call Center. The booking or service fees charged by us will be clearly separated from the rate of the room.

There are other charges that the accommodation supplier (e.g. hotel) may charge you, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly to the accommodation supplier. Before booking, you should check with the accommodation supplier to determine whether they charge additional fees upon your arrival.

Unless otherwise noted, all currency is in United States Dollars.

PLEASE NOTE THAT ALL FEES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE FINAL TOTAL PRICE QUOTED IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.

Intellectual Property


The Site and its original 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. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Modification

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include changes in pricing structure or addition of fee-based services. Any new features on this Site shall also be subject to this Agreement.

Links to Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Reservations.com.

Reservations.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Reviews – Further correspondence - Rights to User Content

By completing a booking, you agree to receive an invitation email to complete our guest review form which we will promptly send to you after your stay at the Hotel. Completion is optional. The completed guest review may be uploaded onto the relevant Hotel’s information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Hotel. By posting a review, you grant Reservations.com the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Reservations.com reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the hotel review guidelines. In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Service or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Reservations.com the right to pursue at law any person or entity that violates your or Reservations.com 's rights in the content by a breach of the Terms of Service. You agree you will be solely responsible for any user content you provide or submit.

Content submitted by users will be considered non-confidential and Reservations.com is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Reservations.com reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Reservations.com is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Reservations.com. Reservations.com shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Reservations.com Policies on the Site for more details.


If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Reservations.com or its Affiliates, licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Reservations.com , and its licensees, successors and assigns, from any claims that you could otherwise assert against Reservations.com by virtue of any such moral rights.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.


Travel advisory – Visa requirements

Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.

By displaying Hotels in particular destinations, Reservations.com does not represent or warrant that travel to such points is advisable or risk-free and Reservations.com can never be held liable for damages or losses that may result from travel to such destinations. Reservations.com can under no circumstances be held liable for any incidents occurring during your stay at the Hotel. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.

Reservations.com cannot be held 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, animal parts, etc. It is your responsibility to verify and comply with applicable regulations.

Although this site may be accessible worldwide, we make no representation that materials on this 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 CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Reservations.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Reservations.com DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Reservations.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Reservations.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Reservations.com IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Reservations.com, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, 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 WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, 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, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE HOTEL AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE 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 THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE HOTEL (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. 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. A force majeure event is any event beyond the Covered Parties’ 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. No Covered Party shall be responsible for any Hotel’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 any Covered Party be responsible for any other wrongdoing of a Hotel (including any liability in tort), as to any products and/or services available through the Site. Reservations.com does not guarantee continuous access without interruption to the Site.

Reservations.com’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Service, Reservations.com’s liability shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency).

Termination of Use

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


Reservations.com reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, 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 the Terms of Service, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Reservations.com shall not be liable to you or any third-party for any termination of your access to the Site. Reservations.com reserves the right to amend or repeal the Terms of Service (or parts thereof) as it deems appropriate.

Dispute Resolution

THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY.

Our goal is to exceed your expectations when you book travel through us, our Site, and our 24/7 Customer Call Center, and if a dispute arises between you and us, we strive to resolve the dispute fairly, quickly, and efficiently.

Accordingly, you agree to first give us an opportunity to resolve any dispute, claim, or controversy arising out of or relating to your use of our Site, this Agreement, our Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of this Agreement or our Privacy Policy ("Claim") by contacting us at 800-916-4339 and/or [email protected] before taking any other action. If we are not able to resolve your Claim within 60 days, you may seek relief for your Claim through arbitration or small claims court, as detailed below.

Governing Law; Venue . This Agreement and the Privacy Policy, and the rights of the parties hereunder shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise provided by the Mandatory Arbitration provision below, any Claim shall be brought in a court located in Orange County, Florida, USA.

Mandatory Arbitration. Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction. Binding arbitration also applies to Claims that arose before you accepted these Terms of Service, regardless of whether prior versions of the Terms of Service required arbitration.

Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply this Agreement and the Privacy Policy as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited.

Arbitration shall be conducted by the American Arbitration Association (AAA) using its AAA Consumer Rules. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks less than $10,000, we will reimburse you for half the amount of the filing fees you pay to the AAA and we will pay half of the arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. We may attend the arbitration by phone, videoconference, or other remote method.

Initiating Arbitration of Claim . To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to “Reservations.com Legal – Arbitration Claims” at Reservations.com, 390 North Orange Avenue, Suite 1605, Orlando, FL 32801. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. 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. All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to $5,000, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so.

WAIVER OF CLASS RIGHT AND JURY RIGHT. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Miscellaneous

Reservations.com does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Hotels, or any room in such Hotels. The Hotels are liable and responsible for providing accommodation and welcome people who have booked through Reservations.com as their guests.

You agree to indemnify and hold harmless Reservations.com from and against any liability, damage or loss including legal fees and expenses that Reservations.com incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Reservations.com harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Reservations.com cannot be held liable in case a Hotel refuses to check you in or asks you to leave for legal or regulatory reasons.

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.

The Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

For the avoidance of doubt, the Terms of Service do not apply to commercial contractual relationships Reservations.com may have with others, including but not limited to the Hotels and certain marketing partners.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Service at any time by posting a variation on the Site. The latest version of the Terms of Service will supersede all previous versions.

Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service 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 of Service 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.

Please review this Agreement periodically for changes. By accessing or using this Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us

If you have any questions about this Agreement, please contact us at:

Reservations.com
800-916-4339
[email protected]