|Allgemeine Geschäftsbedingungen TravelNow|
Terms & Conditions
Last Updated December 30, 2016
AGREEMENT BETWEEN CUSTOMER AND TRAVELSCAPE, LLC OR VACATIONSPOT SL
The terms "we", "us", "our" refer to Travelscape, LLC, a Nevada registered company with business address, 10190 Covington Cross Drive, Suite 300 Las Vegas, NV 89144-7044, VacationSpot SL with registered address Calle Prolongación de Ramón y Cajal, Número 3, Edificio Nortysur Local 1, 38003 Santa Cruz de Tenerife Spain and/or our subsidiaries. The term "you" refers to the customer booking a reservation via one of our affiliates (the “Affiliate”) via the Affiliate’s website or through the Affiliate’s or our customer service agents (a “Reservation”). These booking services offered by Travelscape, LLC and/or VacationSpot SL via the Affiliate’s website are provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The services offered to you by Travelscape, LLC and/or VacationSpot SL through the Affiliate’s website are conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). The Agreement comes into force as soon as the customer receives written confirmation of its Reservation via the Affiliate. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not make a Reservation. Be sure to review the current version of the Agreement in force at the time the Reservation is in made. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice.
MAKING A RESERVATION VIA THE AFFILIATE’S WEBSITE
As a condition of you making a Reservation via the Affiliate, you warrant that:
- you are at least 18 years of age,
- you possess the legal authority to create a binding legal obligation,
- you will only make legitimate reservations for you or for another person for whom you are legally authorized to act,
- all information supplied by you in making a Reservation is true, accurate, current and complete, and
- if you have an account with the Affiliate, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
You agree not to:
- use our services for any commercial purpose; or make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.
- Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the Reservation facilities offered by us to you via the Affiliate’s website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel Reservation facilities offered by us to you via the Affiliate’s website may result in Travelscape, LLC and/or VacationSpot SL cancelling any Reservation associated with your name, email address, or account, and closing any associated accounts held with the Affiliate or Travelscape, LLC and/or VacationSpot SL. If you have conducted any fraudulent activity, Travelscape, LLC and/or VacationSpot SL reserves the right to take any necessary legal action and you may be liable for monetary losses to Travelscape, LLC and/or VacationSpot SL, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your Reservation and purchase of travel-related goods and services that you select. Please read these 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 access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Travelscape, LLC and/or VacationSpot SL debiting your account for any costs Travelscape, LLC and/or VacationSpot SL 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 the Affiliate’s website.
HOW OUR SORT ORDER IS DETERMINED
As a traveler shopping on our site, you have many options to help you find the perfect hotel. The “sort” settings allow you to order search results to your preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow you to include or exclude various options to suit your travel needs. If no options are selected, we will show a range of relevant options in the search results, based on our default sort order which reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us for bookings made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (for example, if you sort by price or by star rating), we will order properties with similar results based on the factors above.
You may not book more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited.
PAY NOW OR PAY LATER
With certain hotels, you may be presented with the option to pay online immediately or to pay later at the hotel itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. If you select to pay later at the hotel itself, the hotel will charge you in the local currency of the relevant hotel at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. Please also note that for ‘Pay Later’ bookings some hotels may choose to verify your credit card details by charging a nominal amount on your credit card which will then either be refunded or it will be deducted from the final full payment due at the hotel.
Pay Now Reservations
For each Reservation where you choose the option to pay online immediately via the Affiliate’s website or through the Affiliate’s customer service agents (a “Pay Now Reservation”), you will be charged the amount for the reservation immediately in the currency that you select. You acknowledge that Travelscape, LLC and/or VacationSpot SL pre-negotiates its room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Affiliate’s website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Travelscape, LLC and/or VacationSpot SL and the facilitation fee retained by Travelscape, LLC and/or VacationSpot SL to compensate us for our services. You authorize Travelscape, LLC and/or VacationSpot SL to book reservations for the total reservation price, which includes the room rate displayed on the Affiliate’s website, plus tax recovery charges, service fees, and where applicable, taxes on Travelscape, LLC or VacationSpot SL’s services. You agree that your credit card will be charged by Travelscape, LLC and/or VacationSpot SL for the total reservation price. Upon submitting your reservation request you authorize Travelscape, LLC and/or VacationSpot SL to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
Pay Later Reservations
When the ‘Pay Later at Hotel’ option is selected, the accommodation contract comes into force at the time of the confirmation of the reservation by the hotel. The payment of the confirmed room rate displayed on the Affiliate’s website will be made directly to the hotel. All rights and obligations arising from the ensuing accommodation contract exist directly and exclusively between user and his/her chosen hotel.
The price of the travel services relating to Reservations will be as quoted on the Affiliate’s website 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 Travelscape, LLC and/or VacationSpot SL’s best efforts, some of the travel services relating to Pay Now Reservations listed on the Affiliate’s website may be incorrectly priced. TRAVELSCAPE, LLC AND/OR VACATIONSPOT SL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS VIA THE AFFILIATE’S WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Travelscape, LLC and/or VacationSpot SL is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking
You can cancel your Reservation either online when signed into your account with our affiliate, or by calling its or our (as the case may be) customer service agents. You agree to pay any supplier required cancellation fees that you incur. In limited cases, some hotels do not permit cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations. In the event that a hotel is unable to honour your booking, Travelscape, LLC and/or VacationSpot SL will not be liable for any cost incurred due to relocation. These terms and conditions may not be changed by any unauthorized person, including employees of Travelscape, LLC and/or VacationSpot SL.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travelscape, LLC and/or VacationSpot SL 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 www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELSCAPE, LLC AND/OR VACATIONSPOT SL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THE INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES OFFERED BY TRAVELSCAPE, LLC VIA THE AFFILIATE’S WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, TRAVELSCAPE, LLC, VACATIONSPOT SL, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TRAVELSCAPE COMPANIES") AND THE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL AND OTHER TRAVEL PRODUCTS DISPLAYED VIA AN AFFILIATE’S WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, TRAVELSCAPE, LLC AND/OR VACATIONSPOT SL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON AN AFFILIATE’S WEBSITE AND/OR ON PAY NOW RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PAY NOW RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT ANY TRAVELSCAPE, LLC AND/OR VACATIONSPOT SLCHANGE OR CANCELLATION FEES.
If, despite the limitation above, the Travelscape Companies, the Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Travelscape Companies, the Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of
(a) the transaction fees assessed for your transactions on the Affiliate’s website, or
(b) One-Hundred Dollars (US$100.00).
The 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 these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Travelscape Companies, the Affiliates, and/or their respective suppliers.
HOTELS CLASSIFICATION AND INFORMATION
Hotels classification is based on local standards in the country where the hotel is located, which can differ from standards in other countries. The classification may not be an official rating and is intended as general guidance only. Customers should be aware that standards can vary between hotels of the same class in different countries, and even in the same country, and that the classification may in certain cases be based on self-assessment by the hotels. As a consequence, Travelscape, LLC and/or VacationSpot SL does not guarantee the accuracy of the hotels classification and, to the maximum extent permitted by applicable law, does not accept any liability in relation to the classification displayed on the website. Hotels descriptions and images are based on those supplied by the hotels themselves and therefore, to the maximum extent permitted by applicable law, Travelscape, LLC and/or VacationSpot SL cannot be held liable for any inaccuracies.
You agree to defend and indemnify the Travelscape, LLC and/or VacationSpot SL Companies, the Travelscape, LLC and/or VacationSpot SL Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein; or
- your violation of any law or the rights of a third party.
CUSTOMER SERVICE AND THE HANDLING OF COMPLAINTS
Customers can call the telephone number displayed on the website. For ease of resolution, customers are encouraged to bring their complaints within 30 days of the end of a trip. In general, complaints will only be dealt with if the issues encountered were reported by calling the relevant number, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the customer. However, exceptions may be made depending on the circumstances. Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the customer's control during the stay should be addressed to the hotel. Please note that, in the event of a dispute between you and Travelscape, LLC and/or VacationSpot SL, you may have the ability to follow a mediation procedure or any alternative dispute resolution scheme or any other proceedings as stated by any mandatory law which applies in your country of residence.
These Terms & Conditions are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Making a Reservation is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and the Travelscape, LLC and/or VacationSpot SL Companies as a result of this Agreement or a Reservation. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your Reservation or information provided to or gathered by us with respect to such reservation. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Travelscape, LLC and/or VacationSpot SL with respect to the Affiliate’s website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on the Affiliate’s website are not intended to represent any real individual, company, product, or event.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2017 Hotels.com LP. All rights reserved. Hotels.com and the Hotels.com logo are trademarks or registered trademarks of Hotels.com, LP in the U.S. and/or other countries. All other trademarks are property of their respective owners. Hotels.com LP is not responsible for content on websites operated by parties other than Hotels.com LP.
NEW YORK STATE TAX REGISTRATION
Travelscape, LLC’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960.
Please click here for additional information:
New York State Certificate of Authority
New York City Certificate of Authority
©2016 EXPEDIA, INC. All rights reserved.