This Agreement was last modified on June 26th, 2018.
Please read these Terms of Service ("Agreement" or "Terms of Service") carefully before accessing www.reservations.com (the “Site") in any way. The Site is operated by Benjamin & Brothers LLC d/b/a Reservations.com and its related entities ("us", "we", "our", or the “Operator”). This Agreement is between the Operator and you as a user of this Site (“you” or “User”) and sets forth the legally binding terms and conditions for your use of the Site and its services.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms of Service. As sufficient consideration for your assent to this Agreement, you are provided access to the Site, its hotel-booking services and our 24/7 Customer Call Center (the “Services”). You agree not to use the Site or Services if doing so would violate the law(s) of your jurisdiction.
As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and/or advertisers.
Unless otherwise noted, all references to monetary amounts or currency is in United States Dollars.
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.
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.
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, which, in Orange County, Florida, USA, is a claim of $5,000 or less, excluding costs, interest, and attorneys’ 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 shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks less than $10,000.00, 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 c/o Benjamin & Brothers LLC
390 North Orange Avenue, Suite 1605
Orlando, FL 32801
ATTN: Reservations.com Legal – Arbitration Claims
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 $5,000.00, 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 & 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.
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.
You understand and agree that this Agreement represents the primary terms and conditions governing your use of the Site and Services. However, we have provided additional guidelines, rules and policies for such use. Those documents are hereby incorporated by reference into this Agreement and found here:
As a condition of your use of this Site, you represent and warrant the following:
(a) You are at least 18 years old;
(b) You possess the legal ability and authority to create a binding legal obligation;
(c) You will use this Site in accordance with these Terms of Service;
(d) 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;
(e) 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;
(f) All information supplied by you on this Site is true, accurate, current, and complete;
(g) You are wholly responsible for any activities conducted through your account; and
(h) 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 access to the Site without prior notice to you for violating any of the provisions set forth in this Agreement. In addition, to the extent that we are legally advised to do so, you acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We may terminate your access to the Site and/or Services, 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.
The Operator 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. 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. 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, the Operator shall not be liable to you or any third-party for any termination of your access to the Site. The Operator reserves the right to amend or repeal the Terms of Service (or parts thereof) as it deems appropriate. The latest version of the Terms of Service will supersede all previous versions.
PLEASE NOTE THAT ALL RATES, FEES, AND GOVERNMENT-IMPOSED TAXES ARE SUBJECT TO CHANGE OR VARIANCE WITHOUT NOTICE.
Rates – You acknowledge that the rates displayed on our Site are a combination of the rates and fees charged by the property or entity supplying your accommodations, such as the hotel or hotel supplier (individually and collectively, the “Accommodation Supplier”), and the service fee charged by us or on our behalf.
Our Service Fee – We charge a non-refundable service fee of USD $14.99 for each transaction completed via the Site or our 24/7 Customer Call Center. Our service fee is clearly separated from the rate of the room. OUR SERVICE FEE IS NON-REFUNDABLE, EVEN IF YOU MODIFY AND/OR CANCEL A MODIFIABLE/CANCELLABLE BOOKING.
Accommodation’s Service Fees – There are other charges that the Accommodation Supplier 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.
Modifying/Cancelling a Reservation – EACH ACCOMMODATION SUPPLIER 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. 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 Accommodation Supplier. Cancellations or no-shows are subject to a monetary penalty, the total amount of which is within the Accommodation Supplier’s discretion.
THE FINAL TOTAL PRICE DISPLAYED AT CHECK-OUT OR QUOTED BY AN AGENT IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.
The Site and its original content, features and functionality are owned by the Operator 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.
API – As part of our efforts to get you the booking you are looking for, we may offer you bookings from other entities that market accommodations, but are not Accommodation Suppliers. We may offer these accommodations through an application programming interface (“API”) on our Site. When you book through an API, you will be booking with the other entity. However, when booking through an API, this Agreement governs all aspects of the transaction.
Accommodation Suppliers – The Operator does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control any Accommodation Supplier, or any travel service or product they offer. Accommodation Suppliers are exclusively liable and responsible for providing accommodation and welcoming people who have booked through the Site as the guest of the Accommodation Supplier.
The Site currently does not permit user-generated content. Hotel reviews shown, if any, are generated from a third-party site, like TripAdvisor.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge customers 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, the Operator does not represent or warrant that travel to such points is advisable or risk-free and the Operator can never be held liable for damages or losses that may result from travel to such destinations. The Operator 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.
The Operator 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.
THE ABOVE IS NOT INTENDED AS LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS SECTION OF THE AGREEMENT, PLEASE CONTACT THE APPROPRIATE TRAVEL AUTHORITIES.
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. THE OPERATOR 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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR 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. THE OPERATOR 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. THE OPERATOR 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.
THE OPERATOR 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.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR 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 SERVICES (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 (OR WHERE RELEVANT, CAUSED BY):
(a) 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;
(b) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE;
(c) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS;
(d) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL, (COMPLETE OR PARTIAL) CANCELLATIONS OR OVERBOOKINGS;
(e) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE OR OTHERWISE) INFORMATION SUCH AS RATES, AVAILABILITY AND RATINGS OF THE HOTEL AS MADE AVAILABLE ON THE SITE, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE;
(f) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES;
(g) 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 WEBSITE TO WHICH IT PROVIDES HYPERLINKS;
(h) 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;
(i) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE HOTEL (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, OR AFFILIATED COMPANIES); OR
(j) 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.
The Operator’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, the Operator’s liability shall in any event not exceed the lesser of either: (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) $250.00 (or its equivalent in local currency).
New Jersey Residents – The Site and Operator act as an intermediary of Accommodations Suppliers or other third-party providers of travel and/or hospitality-related goods or services, 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 the Operator’s negligence, willful misconduct, or legal claims arising from the same. This limitation does not apply to the acts or omissions of others.
If you believe in good faith that materials hosted by us infringe your
copyright, you (or your agent) may send us a written notice that includes
the following information. Please note that we will not process your
complaint if it is not properly filled out or is incomplete. Any
misrepresentations in your notice regarding whether content or activity is
infringing may expose you to liability for damages.
You may send us your notice by email to [email protected] with subject line reading “IP/Trademark Infringement – [name of person or entity making claim]” or by writing to our mailing address with ATTN: Legal – IP/Trademark.”
Indemnification – You agree to indemnify and hold harmless the Operator from and against any liability, damage or loss including legal fees and expenses that the Operator 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 the Operator 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 in this Agreement.
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 Accommodation Supplier’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 an Accommodation Supplier (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.
Local Law – 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. The Operator cannot be held liable in the event that an Accommodation Supplier refuses to serve or provide accommodations to you, the determination of which is within the Accommodation Supplier’s sole discretion.
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 – 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.
Non-Applicability – For the avoidance of doubt, the Terms of Service do not apply to commercial contractual relationships the Operator may have with others, including but not limited, to the Accommodation Suppliers or marketing partners.
Reservation of Rights – Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights.
California Residents – The Department of Consumer Affairs for the State of California may be contacted at: www.dca.ca.gov/consumers/index.shtml .
If you have any questions about this Agreement or our Site, please contact us via the following:
Email: [email protected]
Reservations.com c/o Benjamin & Brothers LLC
390 North Orange Avenue, Suite 1605
Orlando, FL 32801
BENJAMIN & BROTHERS LLC DBA: RESERVATIONS.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST41363.