TERMS OF SERVICE
1. Use Subject to All Terms and Conditions
2. DISPUTE RESOLUTION
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT ARISE BETWEEN YOU AND BOOKING AGENT MUST BE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
Attempt at Informal Resolution. Customer satisfaction is Booking Agent’s number one goal, and Booking Agent is committed to trying to resolve any Claims that may arise. As such, prior to commencing any legal proceeding related to any Claims, you agree to try to resolve any Claims you have by first contacting Booking Agent’s Customer Service Department by phone and email at 888-217-5507 and firstname.lastname@example.org respectively.
Mandatory Arbitration. You and Booking Agent agree that all Claims that are not resolved through Booking Agent’s Customer Service Department must be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert Claims in small claims court as provided below. There is no judge or jury in arbitration. The arbitrator will resolve any and all Claims, including any disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement to arbitrate is void or voidable. The arbitrator's award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. You and Booking Agent agree to begin any arbitration by submitting a Demand for Arbitration to the AAA. You may choose to have the arbitration conducted by telephone based on written submissions or in person in the county where you live or at another mutually agreed location.
Class Action Waiver. YOU AND BOOKING AGENT MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BOTH YOU AND BOOKING AGENT AGREE THAT THIS WAIVER IS A MATERIAL PROVISION, AND IF THIS WAIVER IS LIMITED, VOIDED OR FOUND TO BE UNENFORCEABLE, THEN THE PARTIES' CONTRACT TO ARBITRATE SHALL BE NULL AND VOID SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND THE BOOKING AGENT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
Payment of Arbitration Fees. Payment of all arbitration fees will be governed by the AAA's rules. However, if the value of the relief you seek is $10,000 or less, at your request, Booking Agent will pay all arbitration fees associated with the arbitration. Any request for payment of fees by Booking Agent should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration is frivolous or brought for an improper purpose, you agree to reimburse Booking Agent for all fees associated with the arbitration paid by Booking Agent.
Limited Exception for Small Claims Actions. Notwithstanding the Mandatory Arbitration provision above, you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in California is a claim of $10,000 or less, excluding costs, interest, and attorney’s fees to the extent available.
Governing Law. The parties agree that this Contract and any Claims that might arise between you and Booking Agent shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, USA, exclusive of conflict or choice of law rules. If you chose to pursue Claims in a small claims action, you agree that the small claim action must be filed and pursued only in the California Superior Court for Los Angeles County.
3. Application of Agreement to Third-Party Providers
You agree that the provisions of this Agreement applying to Booking Agent, including any disclaimers, limitations of liability and indemnifications, shall apply also to any third-party fulfilling reservations on behalf of Booking Agent.
4. Capacity to Enter Agreement and Acceptable Use
You represent that: (i) you are legally able to enter into this binding contract; and (ii) you will not use (or plan, encourage or help others to use) the Booking Agent Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Booking Agent Site complies with this Agreement and all applicable laws. You 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 must have Internet access and a valid email address to use the Booking Agent Services. Booking Agent is not responsible for your inability to connect to the Internet, to log onto the Booking Agent Site, to access your account, or to access reservations made through the Booking Agent Site and/or through any transaction with Booking Agent. 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 the Booking Agent Site or Booking Agent Services is not for the purpose of competing with, and/or interfering with, and/or causing damage or harm to Booking Agent.
5. Termination; Suspension of Access
Booking Agent is entitled to act on instructions received under your email address and itinerary number or credit card. No reservations made by Booking Agent, of any type, may be assigned or transferred to any third party except as expressly permitted by Booking Agent in writing. Booking 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. Booking Agent will use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours, based on Central Time. If there are issues on the site, these may happen at any time. We reserve the right to cancel any and all bookings or other transactions you have made using the Site after you have been prohibited from using the Services. By signing up to receive electronic newsletters of Booking 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 Booking Agent. The travel-related emails will highlight special deals that are available to customers of Booking 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 Booking Agent for hotel, dinner reservations, show tickets, or any other 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 Booking Agent Service.
6. Prohibited Conduct
The content and information pertaining to the Services and membership provided on the Booking Site (including, but not limited to, price, descriptions and availability), as well as the infrastructure used to provide such content and information, is proprietary to Booking Agent. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through Booking 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 Booking Agent Site. Additionally, you agree not to:
- use Booking Agent and/or Booking Agent Services, and/or Booking 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 Booking Agent and/or Booking 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 Booking Agent Site or bypass or circumvent other measures employed to prevent or limit access to the Booking Agent Site;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined exclusively by Booking Agent;
- deep link to any portion of Booking Agent Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; and
- or “frame”, “mirror” or otherwise incorporate any part of Booking Agent Site, into any other website, mobile application, product or service without Booking Agent’s prior written authorization.
You may not book more than 8 airline reservations, more than 8 people for the same cruise, more than 8 people for rental cars, or more than 8 rooms online for the same hotel/stay dates. If Booking Agent determines 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, Booking Agent may at its 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 Booking Agent's 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.
8. Booking Agent Not Responsible for Vendor Goods and Services; Release of Booking Agent
Booking Agent connects you to providers of travel services. The Booking 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 Booking Agent Site, from vendors that provide those products and services. Booking Agent is not 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, Booking 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. You acknowledge that Booking Agent is not in the airline, rental car, or hotel business, and makes no representation or warranty regarding the air travel, rental car, or hotel rooms or any other services for which Booking Agent made reservations for you. Booking Agent does not own or operate any airplanes, any rental car companies, or hotels. Booking Agent does not purport to act as an agent or representative of any airline, rental car company, and/or hotel. 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 Booking Agent, 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, 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.
9. Authorization of Charges; Fees and Taxes
You authorize Booking 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 Booking Agent). You also acknowledge that you have requested that Booking Agent provide you booking services, including but not limited to locating the best available rate at a particular hotel, to act as your agent in booking of reservations at hotels, restaurants, and shows and any additional Booking Agent Services. You acknowledge that the rates displayed on Booking Agent Site are 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 Booking Agent. Concierge services, dining and destination discounts, 24-hour customer support and discounts to frequent customers (see below) are all part of the services offered as a result of the VIP membership of Booking Agent. No charges will be assessed by Booking Agent in excess of the fee disclosed to the customer in the invoice provided by Booking Agent to customer. Upon submitting your reservation request you authorize Booking 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. There is no change or cancellation fee charged on most published rental car charges, dining reservations, hotel rates, airline reservations and service fees charged by Booking Agent. 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. Booking Agent will retain the $10.00 VIP Membership fee as processing fee if the customer changes or cancels reservations booked from Booking Agent’s unpublished rates (e.g. call center only specials or pre-negotiated promotions for any Booking Agent Service.) 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 Booking 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 cancelled by the time indicated, the entire amount, including the hotel fees, the hotel taxes, and the Booking 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.
10. No Guaranty of Rates
Booking does not guarantee the accuracy of rates indicated on Booking Agent Site. Booking Agent uses commercially reasonable 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 Booking 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 Booking Agent. Thus Booking Agent is not in a position to comment or give any opinion regarding the appropriateness of any fees charged by the hotels. We make commercially reasonable efforts to keep the Site updated. However, because of the nature of Booking Agent’s Services, we are not in control of the quality of rooms provided by any particular hotel, at any time. Booking 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.
11. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKING AGENT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED. ALL CONTENT, INCLUDING MEMBERSHIP FEES, SOFTWARE, BOOKING AGENT SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BOOKING 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, BOOKING AGENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, 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. BOOKING 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. BOOKING 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.
BOOKING AGENT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitation of Liability
The information, software, membership and services published on the Booking Agent Site may include inaccuracies or errors, including pricing errors. In particular, Booking Agent does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of a hotel, condominium, vacation rental, air fare, rental car, cruise and or any other travel products and services displayed on the site, (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors of Booking Agent Services and/or 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.
Booking Agent and its suppliers make no representations about the suitability of the information, software, membership, and services contained on the Booking Agent Site for any purpose, and the inclusion or offering of membership services on the Booking Agent Site does not constitute any endorsement or recommendation of such products or services by Booking Agent.
The carriers, hotels and other suppliers providing travel or other services on the Booking Agent Site are independent contractors and not agents or employees or representatives of Booking Agent. Booking Agent is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Booking Agent is the agent or representative of its customer, and as such, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control. Booking Agent has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority, any acts of terrorism, and/or natural disasters.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BOOKING AGENT NOR ANY SUPPLIERS OF TRAVEL SERVICES BOOKED THROUGH BOOKING AGENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF BOOKING AGENT SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, MEMBERSHIPS AND SERVICES OBTAINED). BOOKING AGENT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES EVEN IF BOOKING AGENT OR ANYONE WITH WHOM BOOKING AGENT CONTRACTS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Booking Agent, and any providers of travel services with whom Booking Agent contracts, are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of Booking Agent and/or any agents, representatives, or employees of Booking Agent, will in no event exceed, in the aggregate, the lesser of (a) the membership fee or service fees you paid to Booking Agent, in connection with such transaction(s) or (b) One-Hundred Dollars (US $100 or the equivalent in local currency).
This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement will inure to the benefit of Booking Agent and any of its agents, representatives, partners and/or entities with whom Booking Agent has contracted.
SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The price of the travel services provided by Booking Agent will be as quoted on the Booking 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 Booking Agent’s best efforts, some of the travel services listed on Booking Agent Site may be incorrectly priced. Booking Agent EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR SITE 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 Booking Agent VIP Membership.
When available, Booking Agent may offer additional, discounted travel rates for air fare, cruises, car rental, and hotel and condo booking options as part of our services. These discounted travel rates may be referred to as Unpublished, Opaque, Call Center Only, Tonight and or Mobile rates for airfare, rental car, cruise ship, and/or hotel and condos, and are different from other rates to which you may have access as a result of your Booking Agent VIP Membership in several important ways. For example, the name and exact address of the provider of travel services may not be shown until after payment has been made for the booking or the final price of the travel provider may not be revealed to the customer until after the transaction is completed by the customer or the special rates may have specific booking criteria, i.e. time of travel, connecting flights, length of stay, arrival dates or minimum stay restrictions. Note: Many of these bookings are nonrefundable and final and cannot be changed, refunded, exchanged, cancelled, subject to additional fees or transferred to another party. Your credit or debit card will be charged for the amount shown even if you do not use the booking. In the case of air fare, seat assignments may not be available, and you may not be seated with members of your party. In the case of cruise lines you may not have a choice of deck levels. In the case of hotels, room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available.
Special offers and discount pricing of Booking Agent Services including, but not limited to, discounts on air fare, rental cars, cruises, and hotel rooms are only available at participating providers of those services, and when the providers of those air, car, cruise, hotel rooms make their flights, cars, cruises and hotel rooms available at such discounted prices. Prices shown include applicable discounts and are based upon discounted airfare, car rental rates, cruise ship rates, and hotel rates set by each provider of those services. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply.
14. Incidental Expenses
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 with or incidental to staying at any particular hotel and/or traveling on any particular cruise line.
15. Check-in Requirements
You are required to provide official State or authorized government issued ID upon check-in for any Booking 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 Booking Agent Service without any right to refund.
16. Credit Cards
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 Booking 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 Booking 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.
If Booking Agent receives a chargeback or payment dispute from a credit or debit card company or bank for an otherwise valid reservation, Booking Agent reserves the right to cancel any existing and/or future reservations without notice, and retain any membership and/or service fee. Booking Agent also reserves the right to recover any fees passed on to us by the credit or debit Card Company or bank, plus any outstanding balances accrued as a result of the chargeback. In an effort to amicably resolve any outstanding billing issues please contact customer service directly. Requesting a chargeback for a valid charge is considered fraud and is not an appropriate or legal means of obtaining a refund. Booking Agent reserves the right to file a civil action against you and/or report you to the appropriate authorities if we believe you are defrauding Booking Agent. Please read and make sure you fully understand our refund policy prior to authorizing a payment.
If your booking or account shows signs of fraud, abuse or suspicious activity, Booking Agent may cancel any bookings associated with your name, email address or account, cancel any membership benefits accrued, and close any associated accounts. If you have conducted any fraudulent activity, Booking Agent reserves the right to take any necessary legal action and you may be liable for monetary losses, including litigation costs and damages. To contest the cancellation of a booking, non-refund of a membership fee, or freezing or closure of an account, please contact our Customer Support.
17. Duplicate Bookings
You acknowledge that you may not hold duplicate reservations for the same hotel for overlapping dates under the same guest name. If booking more than one room at a time, each reservation must have a unique customer assigned to each room. Booking Agent reserves the right to cancel any reservation that is considered a duplicate booking. Booking Agent is not responsible for any cancellation or no-show fees as a result of a duplicate cancellation. You are responsible for any additional expense, any additional membership or service fees, and/or rate increase incurred as a result of a duplicate reservation.
18. VIP Program
If you have been enrolled in the Booking Agent VIP Program, which gives members access to special travel rates including but not limited to airfare, car rental fees, cruise discounts, and lodging rates at hotels that are not available to the general public, you agree to keep these rates confidential to you and not reveal them to any third parties except when required by law to do so. The Booking Agent VIP Program is a private group, offered only by Booking Agent to its members by invitation only and typically as a result of reserving a travel-related service through Booking Agent, to include but not be limited to booking of air fare, rental cars, cruises, and hotel rooms. Booking Agent may revoke membership at any time, for any reason, at its sole discretion, without notice or compensation. If enrolled, you also represent and warrant that you do not work for or represent a company competing against Booking Agent, and that you do not work for or represent a hotel, lodging group or hotel chain, a rental car company, an airline and/or cruise company. The rates offered through the Booking Agent VIP Program are not subject to hotel Best Rate Guarantee (BRG) policies and you agree not to ask for BRGs on any hotel or lodging property rate you book through Booking Agent. If enrolled, you agree not to share your login and password with other users and to keep the unpublished rates, including but not limited to lodging, airfare, and rental car rates, confidential to you. To maintain your Booking Agent VIP Membership you must book a reservation through Booking Agent at least once every six months.
19. 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 Booking 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 Booking 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.
You shall, at your sole cost and expense, defend, indemnify and hold Booking Agent and its affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a “Beneficiary”) harmless from and against any and all damages, liabilities, losses, costs, fines, taxes, and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (b) any irregularity, error, problem or defect occurring on the Booking Agent Site that is caused by you; (c) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Booking Agent Site by you (or any person that gains access to the network through you under this Booking Agent Agreement or otherwise); or (d) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any vendor service, regardless of whether such claim is founded in contract, tort, warranty, or other cause of action. Each Booking Agent Beneficiary shall provide prompt written notice of any claim or liability and shall tender defense or settlement to Booking Agent, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the Booking Agent Beneficiary shall, in addition to all other amounts, be entitled to all costs (including reasonable attorneys’ fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment or settlement.
21. Vendor 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 Booking Agent Services. You hereby authorize Booking Agent to debit your account for any costs Booking 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 Booking Agent Site.
22. Method for Making Changes or Cancellations
Booking Agent does not change or modify existing nights to reservations. You can cancel your reservation either online at our Booking Agent Site, or by calling our customer services number. Select Option 1. 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. For example, adding a night to an existing reservation for a hotel room, condo, or house, can be accomplished by creating a new reservation for your requested nights.
You may be able to change your guest name, requested bed type, smoking preferences, special requests, accessibility options, room types and number of guests by contacting Booking Agent. You may be able to change your requested type of car reserved, and request special modifications to your reservation such as infant car seats and GPS services. However, please note our suppliers may impose other change and/or cancellation fees, depending on the nature of the request. Charges vary by reservation, dates and occupants, so please review your confirmation email or contact Booking Agent for details.
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.
Cancellation of rental cars usually requires notice of cancellation 24 hours in advance.
Cancellation of airfare is determined by the air carrier and many reservations may not be cancelled, or if they are, the airline may only issue a credit to your credit card that can only be used for future travel on the same airline and subject to their terms and conditions.
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 Booking 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, Booking 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.
23. 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. Booking 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 ww.customs.gov.
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.
International suppliers’ rules, restrictions, and conditions may limit the use of Booking Agent reservations. Some suppliers of Booking 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 South East 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. Booking Agent will do its best to provide you with this information in advance, however Booking 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, Booking 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.
You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. Booking 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.
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK. BOOKING AGENT IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
24. Links to Third-Party Sites
Booking Agent Site may contain hyperlinks to websites operated by parties other than Booking Agent. Such hyperlinks are provided for your convenience only. Booking 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 Booking Agent, websites may not hyperlink to any page beyond the homepage of Booking Agent Site or frame this Booking Agent Site or any web page or material herein, nor may any entity hyperlink any aspect of this Booking Agent Site in an email for commercial purposes without the express written permission of Booking Agent.
25. Third Parties
If you use Booking Agent Site to submit Requests for or on behalf of a 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; including, but not limited to, the billing address and phone number of the credit or debit card holder. These should match what is on file with their financial institution. In addition, you must inform the third party of all Terms of Service applicable to all products or services acquired through Booking Agent Site including all rules and restrictions applicable thereto. Each user using Booking Agent Site for or on behalf of a third party agrees to indemnify and hold Booking Agent 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.
Booking Agent may modify the terms of this Agreement after you use the Booking Agent Site or Services. Any changes to the Agreement will not apply retroactively, but such changes will apply to any subsequent use of the Booking Agent Site or Services. Because changes to the Agreement will apply to your subsequent use of the Booking Agent Site or Services, you should review the Agreement each time you use the Booking Agent Site or the Services. If you do not agree to the modified Agreement, you should discontinue your use of the Booking Agent Site and the Services. This Agreement may not otherwise be amended except in writing, signed by you and Booking Agent.
28. General Terms
This Agreement, as it may be amended in writing including published amendments on the internet, constitutes the entire agreement between you and Booking Agent. Booking Agent does not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Booking Agent Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced. You agree that Booking Agent may automatically assign this Agreement and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between Booking Agent and the vendors who provide travel services. Booking Agent’s failure to insist on strict performance of this Agreement or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. If Booking Agent takes any action to enforce these Terms, Booking Agent will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any costs of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. Moreover, you agree that we may debit your credit or debit card or charge you for any such amounts.
Published and effective as of December 14, 2019.