Where shall we stay today?
Terms of Use
1. Definitions
In this document, terms that commence with a capital letter are defined in this
Section or in the preamble.
"Content" means the text, documents, information, data, articles, images,
photographs, graphics, software, applications, video recordings, audio
recordings, sounds, designs, features, and other materials that are available on
the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo,
custom graphics, or icon.
"Member" means an individual who has registered with the Site. Members
choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to
login to our Site.
"HOTELRATESPRO.COM" or "we" means HOTELRATESPRO.COM , and its subsidiaries and affiliates.
"Products and Services" means the airline travel, hotel accommodation,
car rental , ground transportation, tours, theater tickets, attractions, travel
insurance, and other items available through the Site.
"Provider" means HOTELRATESPRO.COM's licensors, suppliers, information providers,
and travel and leisure service providers.
"Book" means to reserve.
The terms "Site", "Marks", "Content" and "Products and Services"
do not include the sites, marks, content, products or services that are provided
by third parties, and that are available through a link from the Site. Their use
is subject to the terms set forth by their respective owners or operations, on
the third party's website.
"Site" means this website and any respective subsites, together with the
respective Content, Marks, Products and Services available from this Site and
any subsites.
"Exclusive" offers are exclusive to HOTELRATESPRO.COM and its affiliated companies
2. Scope and Terms
Site
These Terms govern your use of all Content, Products or Services available
through the Site. You agree to be bound by these Terms, and to use the Site in
strict compliance with all applicable laws, rulings and regulations, and in a
manner that does not negatively reflect on the goodwill or reputation of HOTELRATESPRO.COM
and its Providers.
Additional Terms
Additional terms, including Travel Services Terms and Conditions may apply when
you Book Products or Services, or when you participate in sweepstakes, raffle,
or other promotions. For example, airlines have contracts of carriage, hotels
have cancellation policies, and sweepstakes are subject to rules. These
additional terms are found in the area of the Site where you will Book a Product
or Service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions of imposed by any Provider,
including payment of all amounts when due, and compliance with all rules and
restrictions regarding the availability of products or services.
Examples of additional terms are provided below. There may be other terms, for
example if we organize a promotion. You are responsible for reviewing the forms
that you fill out when you Book Products or Services, or participate in
sweepstakes, raffle or other promotions.
Age restriction
Minors (as defined under the laws of their jurisdiction or residence) are not
eligible to register for, use or Book the Products or Services available on the
Site.
Responsible party
You are responsible for maintaining the secrecy of your Member ID and password.
This is essential to protect the confidentiality of any information that may be
stored in My Stuff folder. In addition, you will be financially accountable for
all use of our Site by you and anyone using your password and login information.
3. Use of the Site
HOTELRATESPRO.COM grants you a limited, personal, nontransferable, non-sublicensable,
revocable license to access and use the Site only as expressly permitted in
these Terms. Except for this limited license, we do not grant you any other
rights or license with respect to this Site; any rights or license not expressly
granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use the
Site only for your personal, non-commercial use, and not to provide services to
a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content.
If you do so, you may not modify the Content in any way, and you must reproduce
the HOTELRATESPRO.COM copyright notice (or the Provider's notice as applicable) in the
form:
© 2009 HOTELRATESPRO.COM - All Rights reserved
as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
Copy, reproduce, upload, post, display, republish, distribute, transmit, any
part of the Content in any form whatsoever; Use a frame or border environment
around the Site, or other framing technique to enclose any portion or aspect of
the Site, or mirror or replicate any portion of the Site; Modify, translate into
any language or computer language, or create derivative works from, any Content
or any part of this Site; Reverse engineer any part of this Site; or Sell, offer
for sale, transfer, or license any portion of the Site in any form to any third
parties
Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law
requires HOTELRATESPRO.COM to allow you to do so, you may not do any of the following
without the prior written consent of HOTELRATESPRO.COM:
Use any robot, spider, other automatic device, or manual process to monitor
Content;
Use the Site other than to make legitimate reservations or bookings; Use the
Site to make any false, fraudulent or speculative reservation, or any
reservation in anticipation of demand; Imply in any fashion that HOTELRATESPRO.COM is
endorsing your products or services;
Place false or misleading information on the Site, Post or transmit any
unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law; or for any other purpose that is
unlawful or prohibited by these Terms.
Use or access the Site in any way that, in our reasonable judgment, adversely
affects the performance or function of the Site, or any other computer systems
or networks used by HOTELRATESPRO.COM, other Site users or members;
Upload or transmit to the Site or use any device, software or routine that
contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines that may damage, interfere or attempt to interfere with,
intercept, the normal operation of our Site, or appropriate the Site or any
system, or take any action that imposes an unreasonable load on our computer
equipment, or that infringes upon the rights of a third party;
Use any device, software, or routine that interferes, or attempts to interfere,
with the normal operation of our site, or take any action that impose an
unreasonable load on our equipment; or Disguise the origin of the information
transmitted through the Site. Member ID and Password
Access to certain areas of the Site is only available to registered members. To
become a registered Member, you are required to answer a limited number of
mandatory questions. Answers to additional questions are optional. You represent
and warrant that all information you supply to us about yourself and others,
including email addresses, is true, valid and accurate, and that you have the
right to supply us with such information.
Termination
HOTELRATESPRO.COM, in its sole discretion, may, at any time and without advance notice or
liability, terminate or restrict your access to all or any component of our
Site, even if access continues to be allowed to others. Upon such termination or
suspension, you must immediately discontinue use of the Site, and destroy any
copy you have made of any portion of the Site. Accessing the Site after such
termination, suspension, or discontinuation shall constitute an act of trespass.
HOTELRATESPRO.COM shall not be responsible to you to such suspension or termination.
Changes
Any aspect of the Site may be changed, supplemented, deleted, updated,
discontinued, suspended, or modified at any time, and without prior notice to
you. However, we make no commitment to update the information contained on this
Site. You agree that HOTELRATESPRO.COM shall not be liable to you for any delay or other
damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or
establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications
4. Privacy and Security
Your use of the Site is subject to our Privacy Policy . You agree that you have
read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms is also your consent to the information practices
in our Privacy Policy.
5. Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available on a
24-hour/7-day-a- week basis, subject to necessary scheduled downtime for
maintenance, unscheduled maintenance, and system outages. We cannot promise that
access to the Site will be uninterrupted or available at all times. We assume no
liability or responsibility for any delay, interruption, or downtime.
Content
The Content is intended for information purposes only. Although we exercise
reasonable efforts to ensure their quality and accuracy, there might be errors,
or the information provided may not be complete, current, or applicable to your
particular situation. Further, information provided regarding the service,
amenities, products, etc. have been provided to us by the vendor. We assume no
liability or responsibility for any errors or omissions. You are responsible for
evaluating the accuracy, completeness, and usefulness of any opinion, advice, or
other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have
received a confirmation of your transaction. We send confirmations within 24
hours of your Booking. If you have not received a confirmation of your booking
via e-mail, first look into your "spam" or "junk" folder to verify that it has
not been misdirected, and if still not found, please contact our customer
service department. The Contact Information is provided below.
Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure
that the Site will be at all times free from viruses or other destructive
software. You are urged to take appropriate safeguards before downloading
information from the Site. We assume no responsibility for any damages to
computer equipment or other property that may result from use of the Site or
downloading anything from the Site.
International Travel
Although most travel, including travel to international destinations is
completed without incident, travel to certain destinations may involve greater
risks than others. We urge you to review and evaluate travel prohibitions,
warning, announcements, and advisories issued by the government and the aviation
administration before 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 our Travel Watch
section, which provides country specific information, information of rules,
warnings, visa requirements, etc. as well as on public sites, such as
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, HOTELRATESPRO.COM
does not represent or warrant that travel to such point is advisable or without
risk. HOTELRATESPRO.COM does not accept liability for damages, losses, or delays that may
result from improper documents for entry, exit, length of stay, or from travel
to such destinations.
6. Links to third party sites
Outbound Links
For your convenience, our Site provides links to other sites. When you click on
one of these links, you are leaving our site and entering another site. We are
not responsible for such third party websites.
You should carefully review the terms and conditions of use of these sites,
because these terms will apply to your visit to these other sites.
Inbound Links
We welcome links from a third party site to our Site, through a plain text link,
provided that (a) you discontinue providing a link to our Site if so requested
by HOTELRATESPRO.COM; (b) you do not imply in any fashion that HOTELRATESPRO.COM is endorsing any of
your products or service or is affiliated with you, (c) you do not present
HOTELRATESPRO.COM in a false light, or provide misleading or false information about
HOTELRATESPRO.COM, or its Site or Services, (d) you do not remove or obscure the copyright
notices, or other notices on this Site; (e) you do not use any Mark of HOTELRATESPRO.COM;
and (f) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole
discretion.
7. Intellectual Property
Ownership Rights
This Site is the sole and exclusive property of HOTELRATESPRO.COM or its licensors. HOTELRATESPRO.COM
and its licensors retain all right, title and interest (including all copyright,
trademark, patent, trade secrets, and all other intellectual property rights) in
the Site. The Site is protected by copyright, trademark, patent, trade secrets,
unfair competition, and other laws of worldwide, through the application of
local laws or international treaties. Any unauthorized use, reproduction or
modification of this Site may violate such laws.
Trademarks
HOTELRATESPRO.COM, and all other Marks that appear, are displayed, or used on the Site are
registered or common law trademarks or service marks of HOTELRATESPRO.COM and its
Providers. These Marks may not be copied, downloaded, reproduced, used,
modified, or distributed in any way without prior written permission from HOTELRATESPRO.COM
or the relevant Provider, except as an integral party of any authorized copy of
the Content.
Additional Copyright Notices
Much of the Content is owned by third parties. These materials are subject to
the additional terms below, which are incorporated into, and made a part of the
Terms.
If there is a conflict between the Additional Copyright Notices and the
remainder of these Terms, the Additional Copyright Notice supersede any
provision of these Terms with respect to the Content to which it pertains.
Associated Press Copyright Notice
Associated Press ("AP") text, photo, graphic, audio, and/or video material shall
not be published, broadcast, rewritten for broadcast or publication or
redistributed directly or indirectly in any medium. Neither these AP materials
nor any portion thereof may be stored in a computer except for personal and
non-commercial use. AP will not be held liable in any way to the user of the
Site or to any third party or to any other person who may receive information in
the Service or to any other person whatsoever, for any delays, inaccuracies,
errors or omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing or occasioned
thereby. Corporate, governmental, and institutional users may use portions of
the Service for internal printed communications and memoranda.
Your Comments and Submissions
Any communications or materials you transmit to HOTELRATESPRO.COM, through the Site, by
electronic mail or otherwise, including any data, question, comments, rating of
a property or attraction, suggestion, idea, or the like ("Communications or
Materials") will be treated as non-confidential and non-proprietary. By
voluntarily submitting to us, or by posting on the Site any Communications or
Materials, you grant HOTELRATESPRO.COM, and all users of the Site, a worldwide,
non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from distribute, and display such Communications or Materials in any form,
media or technology. We assume no responsibility for any Communications or
Materials posted or submitted, or for the return or such Communications or
Materials. We want your feedback and appreciate your ideas and suggestions, but
we are unable to answer every comment individually.
8. Fees
HOTELRATESPRO.COM may charge a fee for the service it provides when you book or reserve
travel services, or accommodations through the Site. Any such service fee is
non-refundable. In addition, you will be responsible for all charges, fees,
duties, taxes, and assessment arising out of your use of the Products and
Services available from the Site.
9. Disclaimer of Warranty
HOTELRATESPRO.COM and its Providers make no warranty of any kind regarding the Site,
Content, Products or Services, all of which are provided on an "as is" basis.
HOTELRATESPRO.COM and its Providers expressly disclaim any representation or warranty that
the Site will be free from errors, viruses or other harmful components, that
communications to or from the Site will be secure and not intercepted, that the
Services and other capabilities offered from the Site will be uninterrupted, or
that its Content will be accurate, complete or timely. The fact that HOTELRATESPRO.COM is
including or offering any Product or Service on the Site is not an endorsement
or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE
IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION,
HOTELRATESPRO.COM AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS,
INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole
risk. Services and Products made available on this Site are subject to
conditions imposed by the Providers, including but not limited to tariffs,
conditions of carriage, international conventions and arrangements, and federal
government regulations. Providers who furnish products or services through this
Site are independent contractors, and not agents or employees of HOTELRATESPRO.COM. IN NO
EVENT WILL HOTELRATESPRO.COM OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY
HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS
OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS
THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY
WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR
SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE
OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR
TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER,
OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF HOTELRATESPRO.COM AND THE PROVIDER(S)
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER
PARTY.
If, despite the limitation above, HOTELRATESPRO.COM or a Provider is found liable for any
loss or damage which arises out of or is in any way connected with any of the
occurrences described in the limitation above, then HOTELRATESPRO.COM and the Providers'
liability will in no event exceed, in total, the sum of US$250.00. Some states
do not allow the limitation of liability, so the limitations above may not apply
to you.
11. Indemnification
You agree to defend and indemnify HOTELRATESPRO.COM and any Provider, and each of their
respective officers, directors, employees and agents from and against any claim,
cause of action or demand, including without limitation reasonable legal and
accounting fees, in excess of the liability described above, in any action filed
or commenced by any third party against HOTELRATESPRO.COM as a result of (1) your breach of
these Terms or the documents made part of these Terms by reference, (2) your
violation of any law or the rights of a third party or (3) your use of our Site.
12. Travel Services Terms and Conditions
Reservations and bookings
You agree to abide by the terms and conditions of booking imposed by any
supplier with whom you elect to deal. A supplier that is an air carrier is
required to make available to the public the terms of its contract of carriage,
and we make available the fare rules for all air carrier tickets before booking.
The circumvention of an air carrier's rules, including practices such as
back-to-back ticketing (booking two or more tickets with overlapping travel
dates in order to circumvent minimum stay requirements) and hidden-city
ticketing (booking tickets including segments which the booker does not intend
to use in order to circumvent an air carrier's pricing structure), is prohibited
by many air carriers. The use of prohibited ticketing practices may result in
the air carrier taking actions including the cancellation of the ticket, denied
boarding, revocation of frequent flier miles and other benefits, additional
charges to the booker's credit card, additional charges collected at the
airport, or future invoicing.
You are responsible for ensuring that your bookings abide by the terms and
conditions of bookings imposed by any supplier with whom you elect to deal,
including terms and conditions of booking set forth in an air carrier's fare
rules or contract of carriage.
Neither HOTELRATESPRO.COM nor the FAA, nor any provider of air traffic data makes any
promises or guarantees as to the accuracy, completeness, or adequacy of any
delay or other air traffic management information on this site, and HOTELRATESPRO.COM and
the FAA expressly disclaims liability for any errors and omissions.
13. Disputes
The laws of the State of Illinois (USA), without regard to its conflict of law
rules, will govern these Terms. The United Nations Convention on Contracts for
the International Sale of Goods will not apply to these Terms and Conditions. If
you take any legal action relating to your use of our site or these Terms, you
agree to file such action only in the state and federal courts located in Cook
County, Illinois (USA). In any such action or any action we may initiate, the
prevailing party will be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to costs, both taxable and
non-taxable, and reasonable attorneys' fees.
14. General
Your acceptance of these Terms, and your use of the Site do not create a joint
venture, partnership, employment, or agency relationship with us. You may not
assign, delegate, or transfer your rights or obligations under these Terms. If
we fail to act with respect to your breach or anyone else's breach on any
occasion, we are not waiving our right to act with respect to future or similar
breaches. If a court finds any of these Terms to be unenforceable or invalid,
that Term will be enforced to the fullest extent permitted by applicable law and
the other Terms will remain valid and enforceable. The headings in these Terms
are for your convenience and reference; they do not limit or affect these Terms.
These Terms, together with those items made a part of these terms by reference,
make up the entire agreement between us relating to your use of our site, and
replaces any prior understandings or agreements (whether oral or written)
regarding your use of our site.
15. Provisions of these Terms and Conditions
Prior Terms and Conditions
These Terms supersede any prior HOTELRATESPRO.COM Terms and Conditions relating to the use
of the Site that were displayed on this Site before the date stated above.
Unless specifically provided, they do not supersede the Additional Terms for
carriage, awards, attractions provided elsewhere in this Site.
Modifications
We may modify, revise or update these Terms and/'or the Privacy Policy, at any
time, by updating this posting. You should visit this page from time to time to
review the then-current Terms, because they are binding on you. Your continued
use of our site, following the posting of conspicuous notice of any
modification, will be subject to the Terms in effect at the time of your use.
Certain provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages of this Site.
Written documents
You may preserve these Terms in written form by printing them for your records,
and you waive any other requirement that these Terms be evidenced by a written
document.
Electronic Notification
To the extent that we may need to contact you, you agree that we may do so via
any electronic means, included but not limited to communication posted on the
Site, electronic mail, or instant messaging.
16. Contact Information
If you have any questions or concerns about these Terms or if you need further
assistance with respect to access to or use of the Site or the services offered
by HOTELRATESPRO.COM, you may contact our Customer Service department as indicated below.
We will attempt to respond to your questions or concerns promptly after we
receive them.