Last Revised on 10/25/2013
THE SERVICES ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CONTACTING OUR CALL CENTER AGENTS, YOU AGREE THAT THE TERMS THEN IN FORCE SHALL APPLY. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE OR MAKE BOOKINGS THROUGH THE SERVICES OR OUR CALL CENTER AGENTS.
USE OF THE WEBSITE
As a condition of your use of the Services, you represent and warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with these Terms; (iv) you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about these Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on the Services is true, accurate, current and complete; and (vii) if you have an online account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms.
The content and information on the Services (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through the Services, 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 the Services. Additionally, you agree not to:
- (i) use the Services or their contents for any commercial purpose;
- (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- (iii) access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iv) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (vi) deep-link to any portion of the Services (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- (vii) "frame", "mirror" or otherwise incorporate any part of the Services into any other website, mobile application, product or service without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any bookings associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable our monetary losses, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and 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. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your hotel booking. 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 rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content by electronic mail, postings on the Services or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Travelocity a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable 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; and (b) use the name that you submit in connection with such Submission. You acknowledge that Travelocity sublicenses the Submissions to certain of the Travelscape Companies to enable them to provide the Services. You also acknowledge that we may choose to provide attribution of your comments or reviews (for example, by listing your name and hometown on a hotel review that you submit) at our discretion, and that such Submissions may be shared with our supplier partners. You further grant Travelocity the right to pursue at law any person or entity that violates your or Travelocity’s rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Services. If you do not agree to these Terms, please do not provide us with any Submissions. We shall have the right (but not the obligation) to monitor and review Submissions and any other information transmitted or received through the Services and to censor, edit, remove or prohibit the transmission or receipt of any information or Submissions (in whole or in part) that we deem inappropriate or in violation of these Terms. During monitoring, the Submissions may be examined, recorded or copied, and your use of the Services constitutes your consent to such monitoring and review.
You are fully responsible for the content of your Submissions (including, but not limited to, reviews posted to the Services). You are prohibited from posting or transmitting to or from the Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any material or content that contains a virus, bug or other harmful item. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Services. You acknowledge that we may exercise our rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
By providing a Submission, you represent and warrant that: (a) you are the owner of all content contained in your Submission, or have been granted all the rights necessary from the owner thereof to provide such content to Travelocity and for the use by the Travelscape Companies as stated herein; and (b) the use of such content by Travelocity Companies and the Travelscape Companies will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Services. Our policies with respect to claims by third parties that the content of the Services, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the "Claims of Copyright Infringement" section below.
The Google® Translate tool is made available on the Services to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. We do not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.
We reserve the right to terminate or restrict your access to the Services at any time and in our sole discretion. If you have been notified by us that you are prohibited from using the Services, you no longer have a license to access and use the Services and any subsequent access or use by you or on your behalf shall be unauthorized and unlawful. We reserve the right to cancel any and all bookings or other transactions you have made using the Services after you have been prohibited from using the Services, with no liability whatsoever to you.
PREPAID HOTEL RESERVATIONS
You acknowledge that the Travelscape Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Travelscape Companies provide you with services to facilitate such booking of reservations for consideration (the "Facilitation Fee"). The room rate displayed on the Services is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Travelscape Companies and the Facilitation Fee retained by the Travelscape Companies for their services. You authorize the Travelscape Companies to book reservations for the total reservation price, which includes the room rate displayed on the Services, plus tax recovery charges, service fees, and where applicable, taxes on the Travelscape Companies' services. You agree that your credit card will be charged by the Travelscape Companies for the total reservation price. Upon submitting your reservation request you authorize the Travelscape Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Travelscape Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the Travelscape Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Travelscape Companies for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Travelscape Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Travelscape Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Travelscape Companies for their services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by these Terms imposed with respect to your prepaid hotel reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (Facilitation Fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
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. If you wish to book 9 or more rooms, you must contact our group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
PAY NOW OR PAY LATER DETAILS
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the "Pay Online Now" option, we will charge the amount to your credit card in U.S. dollars immediately. If you select "Pay Later at the Hotel", the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Travelocity coupons may only be applied to "Pay Online Now" bookings.
TOP SECRET HOTELS
When available, we may offer additional, discounted hotel booking options on the Services. These hotels, called Top Secret Hotels, are different from other hotels offered on the Services in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. 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. The maximum number of rooms that can be booked at the Top Secret Hotels rate at one time is six. All Top Secret Hotels rooms will be booked under the same name, and the guest under whose name the reservation is made must be present at check-in. Rooms booked under the Top Secret Hotels rate are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted. For information about tax recovery charges, service fees, and taxes on our services, where applicable, please see "Prepaid Hotel Reservations."
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.
- 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 before booking and departure. We accept 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.
- Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
- Disinsection– Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO 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 information, software, products and services published on the Services may include inaccuracies or errors, including pricing errors. In particular, the Travelscape Companies and the Travelocity 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, air, cruise, car and other travel products and services displayed on the Services (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on our 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.
Hotel ratings displayed on the Services are intended as only general guidelines, and the Travelscape Companies and Travelocity Companies do not guarantee the accuracy of the ratings. The Travelscape Companies, the Travelocity Companies and their respective suppliers make no guarantees about the availability of specific products and services. The Travelscape Companies, the Travelocity Companies and their respective suppliers may make improvements and/or changes on the Services at any time.
The Travelscape Companies, the Travelocity Companies and their respective suppliers make no representations about the suitability of the information, software, products and services contained on the Services for any purpose, and the inclusion or offering of any products or services on the Services does not constitute any endorsement or recommendation of such products or services by the Travelscape Companies or the Travelocity Companies. All such information, software, products, and services are provided "as is" without warranty of any kind. The Travelscape Companies, the Travelocity Companies and their respective suppliers disclaim all warranties and conditions that the Services, its servers or any email sent from the Travelscape Companies, the Travelocity Companies and/or their respective suppliers are free of viruses or other harmful components. The Travelscape Companies, the Travelocity Companies and their respective suppliers hereby disclaim 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 response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on the Services are independent contractors and not agents or employees of the Travelscape Companies or the Travelocity Companies. The Travelscape Companies and the Travelocity Companies are 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. The Travelscape Companies and the Travelocity Companies have 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 expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Travelscape Companies, the Travelocity Companies and/or their respective suppliers 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 the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing on the Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Travelscape Companies, the Travelocity Companies and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Travelscape Companies, the Travelocity Companies 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 liability of the Travelscape Companies, the Travelocity Companies and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Travelscape in connection with such transaction(s) on the Services, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
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 Travelocity Companies, and/or their respective suppliers.
You agree to defend and indemnify the Travelscape Companies, the Travelocity Companies, 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:
- (a) your breach of these Terms or the documents referenced herein;
- (b) your violation of any law or the rights of a third party; or
- (c) your use of the Services.
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated by parties other than Travelscape. Such hyperlinks are provided for your reference only. We do not control such websites and are 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.
SOFTWARE AVAILABLE VIA THE SERVICES
Any software that is made available to download from the Services ("Software") or through your mobile application store is the copyrighted work of the Travelscape Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on or in connection with the Services not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software for viewing and otherwise using the Services and/or accessing the content and information available thereon (including, without limitation, price and availability of travel services) in accordance with these Terms and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on the Services, is owned by the Travelscape Companies, the Travelocity Companies, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
If a currency converter is available on the Services, the following terms and conditions apply: 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 every day. 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 the Travelscape Companies, the Travelocity Companies, and/or our respective suppliers 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.
BANK AND CREDIT CARD FEES
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount 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 on the Services. In addition, a foreign transaction fee may be assessed if the bank that issued your credit 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.
COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise indicated by us, the Services and all content and other materials therein, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of a Travelscape Company, a Travelocity Company, or our licensors or users and are protected by U.S. and international copyright and trademark laws.
You are hereby granted a limited, nonexclusive, non-sublicensable right to access and use the Services and Content; however, such right is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by us, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The rights granted to you under these Terms with respect to the Content and access to the Services are revocable at any time, with or without notice.
COPYRIGHT COMPLAINTS; REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the account of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
If you believe that anything on the Services infringes any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our reliance upon such misrepresentation
Notices and counter-notices with respect to the Services should be sent to us by email at email@example.com to for the fastest resolution.
You may also send us your notice using the contact information below:
311 S. Division St.
Carson, NV 89703
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees).
One or more patents owned by a Travelscape Company may apply to the Services and to the features and services accessible via the Services. Portions of the Services operate under license of one or more patents. Other patents pending.
RESOLUTION OF DISPUTES
These Terms shall be governed by the laws of the State of Texas, United States of America without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of the Services, these Terms, or the parties' relationship in connection with the Services or these Terms in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting customer service, since most customer concerns can be resolved quickly and satisfactorily in this manner.
- Submission to Jurisdiction in Texas– You agree that unless otherwise mutually agreed by the parties in writing or as described in the "Mandatory Arbitration" subsection below, any Claims shall be brought in the state or federal courts located in Tarrant County, the State of Texas, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
- Mandatory Arbitration – Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding arbitration initiated through the American Arbitration Association ("AAA"). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Tarrant County, Texas who is approved or otherwise affiliated with the AAA; (c) if either party requests an in-person hearing, (i) the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above, (ii)if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties are unable to agree on a location, at a location that is reasonably convenient to you and is selected by the arbitrator, and (iii)either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this "Resolution of Disputes" section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRAVELSCAPE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Tarrant County, Texas.
- Improperly Filed Claims– All Claims you bring against us must be resolved in accordance with this "Resolution of Disputes" section. All Claims filed or brought contrary to this "Resolution of Disputes" section shall be considered improperly filed and void. Should you file a Claim contrary to this "Resolution of Disputes" section, we may recover attorneys' fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
If we take any action to enforce these Terms, and such Claim is not resolved pursuant to the "Mandatory Arbitration" subsection above, we 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.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to us as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that we shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, without having to post a bond or other security.
You agree that no joint venture, partnership, or employment relationship exists between you and the Travelscape Companies or the Travelocity Companies as a result of these Terms or use of the Services.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or the 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 the Services 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 these Terms is found to be invalid, illegal or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity, legality and enforceability of the remaining provisions. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and Travelscape with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Travelscape with respect to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 Services are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Seller of Travel: A Travelscape Company is a registered seller of travel in each of the states listed below:
California registration number: 2029030-50
Florida registration number: ST-31901
Hawaii registration number: TAR-5461
Iowa registration number: 601
Nevada registration number: 2002-0758
Washington registration number: 601975803
Registration as a seller of travel in California does not constitute the state's approval.
New York State Tax Registration:
Our New York sales tax vendor registration number through a Travelscape Company is 880392667 and New York City hotel occupancy tax registration number through a Travelscape Company is 033960.
Please click here for additional information:
New York State Certificate of Authority
New York City Certificate of Authority
Travelocity is registered as a seller of travel in each of the states listed below:
- California registration number: 2056372-50 -- Registration as a California Seller of Travel does not constitute approval by the State of California.
- Florida registration number: ST-34200
- Hawaii registration number: TAR-6436
- Iowa registration number: 679
- Nevada registration number: 2004-0114 -- NOTE: You may be eligible for payment from the State of Nevada Recovery Fund for Consumers Damaged by Sellers of Travel if you have paid money to a seller of travel registered in Nevada for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry in the State of Nevada at the following locations:
1850 East Sahara Avenue, Suite 101
Las Vegas, Nevada 89104
Phone: (702) 486-7355
Fax: (702) 486-7371
4600 Kietzke Lane
Building B, Suite 113
Reno, Nevada 89502
Phone: (775) 688-1800
Fax: (775) 688-1803
- Washington registration number: 602119764
NEW YORK TAX REGISTRATIONS
- Click here to see Travelocity's New York State Certificate of Authority for sales and use taxes.
- Click here to see Travelocity's New York City Certificate of Authority for hotel occupancy taxes.
For quick answers to your questions or ways to contact us, visit our Customer Support or call us at 1.888.872.8356 (Toll-free) or 1.210.477.1089 (Outside the U.S.).