Terms, Conditions and Notices
Effective date: 25 May 2018.
Welcome to the Travelbook website or mobile properties, including related applications (collectively, this "Website"). This Website is provided solely to assist customers in [gathering travel information, posting opinions of travel related topics, engaging in interactive travel forums, and searching for and booking travel reservations], and for no other purposes. The terms "we", "us”, "our” and "Travelbook" refer to Travelbook Inc., a Delaware corporation and/or our subsidiaries. The term "you” refers to the customer visiting the Website and/or contributing content on this Website.
Your access to and use of the Website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing or using this Website in any manner, you agree to be bound by the Terms and Conditions and represent that you have read and understood its terms. Please read the Terms and Conditions carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
We may change or otherwise modify the Terms and Conditions in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Terms and Conditions. We will note the date that revisions were last made to the Terms and Conditions at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Terms and Conditions.
BASIC USE OF THE WEBSITE AND ASSOCIATED PRODUCTS
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Travelbook account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our Website. Travelbook does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Terms and Conditions.
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider. Travelbook does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to Travelbook, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Travelbook.
GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in the Terms, Travelbook grants you a non- exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Travelbook that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH TRAVELBOOK
Use of Instant Booking. Travelbook offers you the ability to search for, select, and book travel reservations with third-party suppliers with and without leaving the Travelbook site experience. By booking travel reservations facilitated by Instant Booking, you will become a Travelbook member if you are not one already. As a Travelbook member, you will be able to post travel reviews, participate in discussion forums, email Travelbook content to yourself and to others, access and receive members-only newsletters and travel planning content, and enter surveys, contests, or sweepstakes.
AS A USER OF THIS WEBSITE, INCLUDING INSTANT BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TRAVELBOOK NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TRAVELBOOK AND OTHER USERS.
Travelbook and its affiliates will not interfere with reservations arbitrarily, but we reserve the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. Travelbook also reserves the right to take steps to verify your identity to process your reservation.
In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.
Third-Party Suppliers. Travelbook is not a travel agency and does not provide or own transportation services or accommodations. Although Travelbook displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers on Instant Booking and affiliate sites, such actions do not in any way imply, suggest, or constitute Travelbook’s sponsorship or approval of third-party suppliers, or any affiliation between Travelbook and third-party suppliers. Although Travelbook members may rate and review particular properties based on their own experiences, Travelbook does not endorse or recommend the products or services of any third-party suppliers. You agree that Travelbook is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
This Website may link you to supplier sites or other websites that Travelbook does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
Travelbook attempts to be as accurate as possible. However, Travelbook does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that a hotel room you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to not consummate your stay in the hotel room and contact Travelbook immediately, and in any case no later than three business days following the check-in date. Travelbook will make a determination as to the merits of your claim in our sole discretion.
Travelbook makes no guarantee that the prices advertised through the Service represent (i) the lowest price for a hotel room in every area on any particular day or (ii) the published price for a hotel room on another website or publication not affiliated with Travelbook in every area on any particular day.
You will have to pay a minimum of $15 USD for a hotel room ONLY if you are booking a hotel with us for the first time and you have at least one of the following vouchers redeemed in your account:
> Friend redeemed voucher
> Friend Booked voucher
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 may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Travelbook, and/or its affiliates 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.
HONORING YOUR PAYMENT COMMITMENTS
When you make a purchase via the Service you are representing to us that: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. By using the Service you acknowledge that: (a) the listed prices are inclusive of the room and activities rate as negotiated by Travelbook plus service fees and taxes, where applicable; (b) Travelbook reimburses the hotel suppliers and relevant taxing authorities where applicable for the taxes due for the rental of the room; (c) Travelbook retains a service fee which originates from the listed price of the hotel room, this fee is nonrefundable regardless of purchase or cancellation; (d) where an alternative cancellation policy is not explicitly stated for a particular offer, Travelbook maintains a strict non refund policy for any cancellations made through the Service. No refunds will be issued under any circumstances for the price of the room and any related fees; and (e) an alternative cancellation policy may apply if explicitly stated in booking details, and are subjected to the conditions in said policy. For example, we may provide free cancellation for certain bookings via meta search and affiliate partners, provided the cancellation is within the cancellation period, among other conditions.
CHANGES OR CANCELLATION OF ORDERS
You may change or cancel your hotel booking by calling our Happy Customers Team (HCT) support team either by email ([email protected]) or by phone by calling the dedicated phone numbers available in the support portal at https://support.travelbook.com
You can change your guest name, bed type, smoking preference, specific requests, accessibility options, room type, number of guests and travel dates at no charge to you by Travelbook; Hotel and tour activities providers may impose other restrictions or cancellation/change fees. Charges vary by booking, so please review your confirmation email for details.
Please note, that you agree to pay the lodging supplier any required cancellation or change fee which you may incur. In limited cases, some hotels do not permit changes to/or cancellations of reservations after they are created, as indicated in the rules of the booking process.
In the event that a hotel is unable to honor your booking, Travelbook won't be liable for any cost incurred for example but not limited to transportation or waiting period options.
If you do not check-in on the first night of your booking but plan to stay for the following nights at the hotel, then you must confirm the reservation with Travelbook no later than the original time and date of check-in to prevent cancellation of the whole booking. If you don't confirm the booking changes with Travelbook the entire booking can be cancelled, and refunds will only be due to you in line with the Regulations and Limits of the particular hotel as outlined in the booking procedure.
In the case of cancellation of your booking 180 days after the booking date, the booking cancellation policy will apply and the booking will be canceled free of charge if the policy states so, but due to limitations of the card issuing companies (Visa, Mastercard and others payment providers) and the payment gateways, the payment cannot be refunded to your card, the booking will be refunded in the form of a voucher in Travelbook’s System for later use. This refund voucher will be available for new booking for a period of 6 months from the cancellation date. Unfortunately, for the time being, we do not have any alternative for this (such as bank transfers) and this is the only method that we can refund you the booking amount.
In the case of cancelling a non-refundable order, the refund in case granted, will be in the form of a voucher to be used in Travelbook platform where available only and no other refund methods can be granted.
In the case of sending your cancellation request to our email support, please allow some time for our agents to work on your case and do not cancel the booking in the very last second, cancelling your order may take from 1 to 24 hours to be carried on and our support team will require your approval on the terms of the cancellation and refund and require your reply to us for more details.
Any cancellation request which isn't replied with the information/confirmation required won't be processed and may have penalties depending upon the cancellation coverage of the purchase.
HOTEL OVERBOOKINGS; AGENT FEE
If a hotel has overbooked and is sold out, it is the hotel’s responsibility to find you a room. This is our agreement with each hotel and our suppliers. We will endeavor to enforce our agreements with hotels, and while we are not responsible to you if the hotel does not, for whatever reason, find you an available room, we ask that you contact us immediately in the event that the hotel is unable to find you an available room so that we may assist in the process.
Travelbook booking credit (i.e. vouchers) is not redeemable for cash or cash equivalents, is non- transferable and may not be applied towards prior purchases. Unless you paid us in full for any booking credits, we reserve the right to rescind any booking credits subject to reasonable notice to you. Other restrictions may apply, including the following which are not permitted:
- redeem vouchers originating from accounts, which you have created yourself.
- invite accounts that use the same credit card as you do.
- invite users that use the same device as you do.
- redeem loyalty program credits for bookings purchased via metasearch or affiliate websites.
- apply referral or other vouchers to bookings purchased via metasearch or affiliate websites.
TEST BOOKING FROM HOTELS OR PARTNERS
Any booking made without prior authorization from Travelbook team, will be charged at a minimum of 15% of the total booking value due to transaction fees and overhead charges, this is to be charged even if the cancellation policy states that the booking has free cancellation policy.
If you are a partner or a hotel, and need information about our bookings, please do contact us directly at ([email protected] for hotels and other partners).
These terms and conditions may not be verbally changed nor changed by writing by any unauthorized person, including employees of Travelbook and Travelbook Customer Support teams.
These terms and conditions may not be changed by any unauthorized person, including employees of Travelbook.
ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Travelbook may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Travelbook is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Travelbook advertisers or third-party information accessible via the Service.
THIRD PARTY USAGE
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your use of the Application will immediately cease and you will have infringed the copyright and other rights of Travelbook, which may subject you to prosecution and damages. Travelbook reserves all rights not expressly granted to you in the Terms.
Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that Travelbook is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The hotels and other suppliers providing accommodations through the Service are independent contractors and not agents or employees of Travelbook. Travelbook is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
Travelbook may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Travelbook does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Travelbook is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
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. Travelbook 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.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change, and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other 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.
Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELBOOK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose
- access, monitor or copy any content or information of this Website 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 this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Travelbook in connection with the Website or the services.
RIGHT OF REFUSAL
Travelbook reserves the right not to accept customers, user or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. In addition to engaging in any Prohibited Activities set forth above, typical reasons for rejecting a customer, user or booking include, but are not limited to:
- force majeure events
- trade or economic sanctions
- (suspicions of) fraud or theft,
- suspected criminal activity,
- suspicious bookings
- submission by customer of misleading or erroneous information
- credit card problems
- inappropriate behavior including threats, insults, violence
- refusal to supply information
- obvious errors
In case a booking is rejected or cancelled by Travelbook and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the app, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the App under any other name or through any other user.
In rare cases, we reserve the right not to accept and cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site/ App (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in Travelbook’s sole discretion.
DIGITAL MEDIA, REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website and applications by email, postings on this Website, applications or otherwise, including any hotel reviews, questions, photographs or videos, digital media, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Travelbook and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Travelbook may choose to provide attribution of your comments or reviews at our discretion. You further grant Travelbook the right to pursue at law any person or entity that violates your or Travelbook's rights in the Submissions by a breach of this Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If Travelbook provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Travelbook;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Travelbook, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Travelbook or its affiliates or its users to any harm or liability of any type.
Travelbook takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Travelbook liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Travelbook is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Travelbook has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Travelbook reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Travelbook or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Travelbook, and its licensees, successors and assigns, from any claims that you could otherwise assert against Travelbook by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
If you breach any of the terms or conditions of the Terms or Travelbook discontinues the Application, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination of the Terms except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the Application after termination is unlicensed and is in violation of the copyright and other rights of Travelbook. Travelbook and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
INTELLECTUAL PROPERTY NOTICES
All content on this Website, including but not limited to the Content, are protected by copyright under United States copyright law, international conventions, and other copyright laws and are the property of Travelbook, or its subsidiaries, affiliated companies or third-party licensors. ©2018 Travelbook Inc. All rights reserved.
Travelbook is not responsible for content on websites operated by parties other than Travelbook. Travelbook logo and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Travelbook, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelbook or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Travelbook” or any other name, trademark or product or service name of Travelbook without our prior written permission. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Travelbook and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelbook. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Travelbook.
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Mr. David Gibbons.
Full address of Designated Agent to which notification should be sent: Travelbook Inc. — 16192 Coastal Highway, Lewes, Delaware 19958, USA
E-Mail Address of Designated Agent: [email protected]
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS TRAVELBOOK’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. TRAVELBOOK, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TRAVELBOOK MEDIA GROUP COMPANIES") 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, VACATION RENTAL PROPERTIES, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, TRAVELBOOK EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
TRAVELBOOK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TRAVELBOOK. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRAVELBOOK DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM TRAVELBOOK, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVELBOOK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING HOTEL OR VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELBOOK. TRAVELBOOK 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 THEREFROM. TRAVELBOOK HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL TRAVELBOOK (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) 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 THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TRAVELBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If Travelbook is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Travelbook’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Travelbook for the transaction(s) on this Website giving rise to the claim, 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 Travelbook.
You agree to defend and indemnify Travelbook and its affiliates 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 Terms and Conditions or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Terms and Conditions is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Travelbook Inc. arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New York. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Travelbook and/or affiliates as a result of this Terms and Conditions or use of this Website.
Our performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Terms and Conditions 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, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms and Conditions shall continue in effect.
This Terms and Conditions (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Travelbook with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Travelbook with respect to this Website. A printed version of this Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms and Conditions 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 this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, email us Help Center. Or, you can write to us at:Travelbook Inc.
16192 Coastal Highway,
Lewes, Delaware 19958, USA