Customer Service. Our goal is customer satisfaction and working with you to try to resolve any Claims. You agree that you must first try to resolve any Claim(s) by reaching out to Travel Agent’s Customer Service Department by phone and/or email, at (866) 238-4218 or [email protected], as a prerequisite to commencing arbitration as outlined below.
Arbitration Requirement and Waiver of Class Actions. You and Travel Agent agree that any and all Claims, which are not resolved through Travel Agent’s Customer Service Department, shall be exclusively resolved through final and binding arbitration, except as otherwise expressly provided below. Arbitration shall be resolved by one arbitrator; there is no court case, judge, or jury. The single arbitrator will resolve any Claims between you and Travel Agent (including any disagreements regarding the formation, interpretation, applicability, enforceability, voidness, or voidability of this Contract or arbitration provision). The arbitrator's award on the Claim(s) shall be final and binding; however, a court of competent jurisdiction may enter judgment on the arbitrator’s award. You and Travel Agent agree to conduct the arbitration before JAMS under its JAMS Streamlined Arbitration Rules and Procedures, which can be found at www.jamsadr.com, and as outlined in this Contract. The arbitration may be conducted by telephone, videoconference, written submissions, or in person in the county where you live or at another location mutually agreeable to the parties. The JAMS arbitrator shall determine payment of arbitration fees, provided that you may need to pay the initial fee of $250 if you commence the arbitration, unless you qualify for a waiver or show that costs are prohibitive; Travel Agent will pay all fees if it commences the arbitration. Each party shall pay its own fees, unless fees are authorized by statute. The parties shall select another arbitrator if JAMS is not available for the arbitration. This agreement to arbitrate a Claim(s) is severable. YOU AND TRAVEL AGENT MAY ONLY BRING CLAIMS IN ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER OR PARTY IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION. THE ARBITRATOR SHALL ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF REQUIRED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES ARE WAIVING RIGHTS TO BRING CLAIMS IN COURT ON A CLASS BASIS AND BEFORE A JURY. THIS WAIVER IS A MATERIAL PROVISION OF THIS CONTRACT; IF THIS WAIVER IS LIMITED OR VOIDED, THE CONTRACT TO ARBITRATE SHALL BE NULL AND VOID, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OF THE WAIVER. YOU AGREE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. Nothing in this arbitration provision will limit either party’s ability to seek injunctive relief in aid of arbitration or a “public injunction” in a court of competent jurisdiction or to seek to compel arbitration, to stay a case during arbitration, or to enter judgment on, confirm, modify, or vacate an arbitration award. If you are not bringing a Claim(s) in the United States, and you are not a resident of the United States, some of the above limitations may not apply to you, and you may be allowed to file a Claim on an individual, and not class-wide, basis in the city in which you reside. All remedies shall be available in arbitration. This dispute resolution provision is reciprocal and shall not be construed against the drafting party; either party may select to arbitrate, and that selection shall be final and binding. Notwithstanding the above, you may assert a Claim(s) against Travel Agent in small claims court, but only on an individual basis if the Claim(s) collectively seek $7,500 or less. If you choose to pursue the Claim(s) in a small claims action, the small claims action may only be filed in Los Angeles County Superior Court.
To provide you with the Services, including to assist in fulfilling reservations, Travel Agent uses the services and licenses the platform of a third-party vendor (“Vendor”). The provisions of this Contract relating to dispute resolution, disclaimers, limitations of liability, and indemnification shall also apply to Vendor, as well as to Travel Agent’s representatives, agents, suppliers, employees, owners, directors, and officers, who shall be express third-party beneficiaries of such provisions.
Disclaimers of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL AGENT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRAVEL AGENT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVEL AGENT DOES NOT MAKE ANY WARRANTIES REGARDING THE SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL ON THE SITE OR SERVICES. TRAVEL AGENT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT. NO WARRANTY IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR A BOOKING, REGARDING THE AVAILABILITY OF PRODUCTS OR SERVICES, OR REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES. BY OFFERING TRAVEL IN PARTICULAR DESTINATIONS, WE DO NOT WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE; TRAVEL AGENT IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitations of Liability
Travel Agent does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies on the Site, including for pricing and other descriptions. The third-party hotels with offers available through the Site are independent contractors and not agents, employees, or representatives of Travel Agent; and Travel Agent is not liable for the acts, errors, omissions, representations, warranties, breaches, or violations of such third parties. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVEL AGENT SHALL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SITE OR SERVICES, REGARDLESS OF LEGAL THEORY OR PRIOR NOTICE. In no event will Travel Agent be liable to you for an amount more than the greater of (i) the Service Fees you paid to Travel Agent within the last year, or (i) $100 U.S. dollars. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE LIMITATIONS AND WAIVERS MAY NOT APPLY TO YOU.
Authorization of Charges; Fees and Taxes
You authorize Travel Agent to book reservations for the price charged by the respective hotel(s), plus any applicable fees and taxes (including but not limited to Service Fees charged by Travel Agent, outlined below). Upon submitting your reservation request, you authorize Travel Agent to process any and all reservations on your behalf, including making any necessary payment arrangements. There are some rates and fees that are specifically identified as nonrefundable that cannot be refunded; and there may be other fees imposed by hotels, and if the reservation is not cancelled by the indicated time required, the entire amount, including the hotel fees, the hotel taxes, and Travel Agent’s Service Fees may be forfeited and nonrefundable.
Travel Agent charges fees for using the Travel Agent Site and Services, including for delivery, fulfillment, and customer service fees (collectively “Service Fees”). Service Fees may vary depending on the type of booking made. Travel Agent has sole discretion to determine the amount of Service Fees, and any applicable Service Fees, including any taxes, will be disclosed to you prior to making a purchase on the Travel Agent Site. Service Fees are nonrefundable, and Travel Agent will retain Service Fees even if you change or cancel a booking or do not fulfill your obligations under this Contract. Further, Travel Agent will retain a $10.00 processing fee if you change or cancel reservations booked from Travel Agent’s unpublished rates (e.g., call center only specials or pre-negotiated promotions for any Travel Agent Services).
You acknowledge that you have requested that Travel Agent provide you booking services and to act as your agent in booking reservations at your hotel(s). You acknowledge that the rates displayed on the Site are a combination of the hotel charges/fees, Service Fees, and taxes.
Quoted Pricing and Rates; Provider Terms
Prices quoted on the Site are subject to change and correction at any time, but changes will not affect bookings already accepted. TRAVEL AGENT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS. 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. Special offers and discount pricing of Services are only available at participating providers of those services pursuant to their terms. Prices shown on the Site include applicable discounts and are based upon rates set by each hotel providing those services. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply. Fees and taxes for the room rate(s) will be listed, such as on the final pricing and on the confirmation email. However, the final rate quoted in the confirmation email does not include specific charges assessed by the hotel for miscellaneous expenses that you may incur, such as parking, room service, resort fees, city taxes, other taxes, internet use, or other miscellaneous charges. Posted rates are intended merely as guidelines and not as any form of guarantee of the final charges after your hotel stay. Because Travel Agent only assists you in making reservations, it has no control or authority over the hotel providers’ rates, charges, or services, or over hotel providers’ maintenance, updates, renovations, quality, or deterioration of hotel rooms.
Your applicable hotel provider may have additional terms and conditions, including regarding payments, availability, health and safety (including regarding COVID testing or vaccine requirements, or pool, travel, or stay restrictions), cancellations, and liability waivers, which you must agree to abide by and should review carefully; failure to comply with or violation of any such terms and conditions may result in cancellation of your reservation or purchase and/or denial of access to any hotel(s). You may forfeit any monies paid for such reservation(s) or purchase(s), including all fees; and you authorize Travel Agent to debit your account for any costs Travel Agent incurs as a result of any such violation. You may be required to provide official state or authorized government issued ID upon check-in for any Travel Agent reservation. In addition, you may be required to provide a credit or debit card upon request from the hotel for incidentals (such as room service, valet, additional hotel taxes, fees, internet, beverages, spa services, and other fees and incidentals). Your failure to produce such ID may result in forfeiture of the booking through Travel Agent’s Services without any right to refund.
Cancellations and Changes
You understand that when you book through the Site, any cancellation or change policy outlined to you, including in the confirmation email to you, is enforceable and binding. Travel Agent does not change or modify existing nights to reservations. You can cancel your reservation either online at our Site or by calling our customer service number. You may add additional services to an existing reservation provided the services desired are still available, and under the terms that are available at the time of the modification. You may be charged change and/or cancellation fees, depending on the nature of the request.
Each reservation is subject to the hotel providers’ change and cancellation policy, which varies by provider. In the case of hotels and room reservations, the typical provider usually requires notice of cancellation at least 24 to 72 hours prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the change or cancellation fee(s) as stated on your confirmation email or as indicated in the policy for the hotel. If you do not change or cancel your reservation before the period applicable to the hotel you reserved, you will be subject to a charge as outlined in the hotel’s policy, which may be equal to applicable nightly rates, tax recovery charges, and service fees. NOTE: Some hotels charge for the entire stay. There are no refunds for no-shows or early check-outs. If you intend to arrive at your hotel after the first night of your reservation, you MUST contact us prior to the commencement of the applicable cancellation policy to prevent cancellation of your reservation and avoid applicable fees from the hotel provider. You agree to pay any change or cancellation fees that you incur. You also agree to abide by the terms imposed with respect to your prepaid travel reservations. As noted above, Service Fees are nonrefundable, even if you change or cancel a booking.
Travel Agent is entitled to act on instructions received using your email address and itinerary number or credit card. No reservation made by Travel Agent, of any type, may be assigned or transferred to any third party except as expressly permitted by Travel Agent in writing. We reserve the right to cancel any and all bookings or other transactions you have made using the Site after you have been prohibited from using the Services. Travel Agent may also interrupt your access to the Site, without liability to you or any other user, for the performance of maintenance on the Site, or to correct issues on the Site.
Travel Agent will make no refund in the event of, and has no responsibility for expenses caused by, any delay, cancellation, overbooking, strike, force majeure, pandemic, government action, or other causes beyond its direct control. In the event that a hotel provider is unable to honor your reservation, Travel Agent will not be liable for any cost or loss incurred due to rebooking.
International Transactions and Travel
Some banks and credit or debit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a United States credit or debit card, your bank may convert the payment amount, both for the room and the membership fee charged by Travel Agent, to your local currency and charge you a conversion fee. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore may be a different figure than the figure shown on the billing summary page for the reservation booked through Travel Agent. In addition, a foreign transaction fee may be assessed if the bank that issued your credit or debit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass on your payment to an international travel supplier. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank. If there are signs of fraud, abuse, or suspicious activity, Travel Agent may cancel any bookings associated with your name and retain any Service Fees.
Currencies fluctuate in value. All payments and refunds are currently processed in United States dollars and will reflect the exchange rate in effect on the date of the payment or refund. All refunds are subject to this variation, and Travel Agent is not responsible for any difference in exchange rates between time of payment and the time of refund. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated in real time. You should 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 Travel Agent and the providers 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 prohibited from the use of this information for commercial purposes. Some jurisdictions may have different requirements, so these provisions may not apply to you.
Travel to certain destinations may involve greater risk than others. Travel Agent urges passengers to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. 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 that any other foreign entry requirements are met. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov, and www.customs.gov.
Limitations on Group Bookings
You may not book more than 8 rooms online or similar services for the same hotel/stay dates, and if you do, we may at our sole discretion cancel your reservation(s) and charge you any applicable fees. If you purchased a nonrefundable rate or rates for special events (i.e., Mardi Gras, Super Bowl, etc.), the cost of your entire reservation may be subject to forfeiture. If you wish to book 9 or more reservations, you must contact our group travel specialists by phone or by filling out the group travel form online. You may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.
You may not hold duplicate reservations for the same hotel for overlapping dates under the same name. If booking more than one room, each reservation must have a unique customer assigned to each room. Travel Agent reserves the right to cancel any reservation that is considered a duplicate booking. Travel Agent is not responsible for any cancellation or no-show fees as a result of a duplicate cancellation. You are responsible for any additional expenses, fees, and rate increases incurred as a result of a duplicate reservation.
You agree not to violate this Contract or any applicable laws or regulations. In particular, you agree not to: make any speculative, false, or fraudulent reservations; violate the restrictions in any robot exclusion headers on the Site; use Travel Agent, the Site, or the Services for any commercial purpose without the prior written consent of Travel Agent; use the Site to violate any rights of Travel Agent or any third parties; take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Site, Services, or infrastructure; deep link to any portion of Site; or “frame,” “mirror,” or otherwise incorporate any part of Site and/or Services into any other product or service without the prior written consent of Travel Agent.
Consent to Email Communications
By signing up to receive newsletters, booking reservations, or providing your email address, you expressly agree to receive email communications that are account, transactional, membership, promotional, or travel-related from Travel Agent. The travel-related emails will highlight special deals that are available to customers of Travel Agent. You can opt-out of receiving promotional emails by following the unsubscribe instructions in each email or by contacting us and requesting to opt-out. Note that your opt-out will not apply to non-promotional emails or communications.
Site Content Ownership
The content and information pertaining to the Services (including, but not limited to, price, descriptions and availability), as well as the infrastructure used to provide such content and information, is proprietary to Travel Agent or its licensors. While you may make limited copies of your travel itinerary (and related documents) for your bookings made through Travel Agent for your personal use, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from or through the Services or the Site.
Defense and Indemnification by You
You agree to defend, indemnify, and hold Travel Agent and its representatives, agents, suppliers, vendors, providers, employees, owners, directors, officers, successors, and assigns (in each case, a “Beneficiary”) harmless from and against any and all damages, liabilities, losses, costs, fines, taxes, attorney’s fees, and expenses (“Costs”), arising out of or related to your acts, errors, omissions, representations, warranties, breaches, or violations, regardless of legal theory. Further, if you use the Site on behalf of a third party, such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use and must inform the party of this Contract, including all rules and restrictions; and each user using the Site on behalf of a third party agrees to indemnify and hold Travel Agent and any Beneficiary harmless from and against any and all Costs relating to the third party’s or the user’s failure to fulfill any of its obligations as described above. Each Beneficiary shall provide prompt written notice of and cooperate in the defense of any claim.
Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe content on the Site violates your copyright(s), you may submit an "Infringement Notice” to our DMCA Department, [email protected] Your Infringement Notice must contain: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf, (b) an identification of the copyright claimed to have been infringed, (c) a description of the nature and location of the material that you claim infringes on your copyright, in sufficient detail to permit us to find and identify that material, (d) your name, address, telephone number, and email address, and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent, and (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. We will respond to compliant Infringement Notices, including as appropriate, by removing or disabling links to the offending material. If we take action, we will make a good faith attempt to contact the party who made the content available at the party’s most recent email address. Under the DMCA, you may be liable for damages based on material misrepresentations in your Infringement Notice. You should also make a good-faith evaluation regarding fair use. If you are unsure about an Infringement Notice, you should first contact an attorney.
If you have a good faith belief that we removed your content in error, you may submit a “Counter Notice” to [email protected] with the following information: (a) your name, address, and phone number, (b) any ID found at the bottom of any notification, (c) the location of the content we removed, (d) a statement under penalty of perjury that you have a good faith belief that the content was removed in error, (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the applicable parties may be found, and that you will accept service of process from the person who provided the original complaint, and (f) a physical or electronic signature. If we receive notice that a user has repeatedly infringed copyrights, we may suspend and/or terminate the user’s account or take any other action in our discretion under our repeat infringer policy.
Travel Agent may modify the terms of this Contract at any time by posting a new version on the Site, and you should review the Contract each time you use the Site or Services. If you do not agree to the modified terms, you will not be bound by the modified terms if you email [email protected] within 30 days of the date of the modified terms, outlining your disagreement, and thereafter discontinuing your use of the Site and the Services; if you do so, you will still be bound by any prior version of the terms. This Contract may not otherwise be amended except in writing, signed by you and Travel Agent. This Contract constitutes the entire contract between you and Travel Agent with respect to the subject matters hereof. If any provision of this Contract is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced to the fullest extent. You agree that Travel Agent may assign this Contract and any incorporated contracts in its sole discretion. Headings are for reference purposes only. Except as expressly set forth herein, nothing in this Contract shall be construed as creating or constituting a partnership, joint venture, or agency relationship between you and Travel Agent (or any Beneficiary). Travel Agent’s failure to insist on strict performance of this Contract or to act with respect to a breach does not waive any of its rights.