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HotelsAngel.com, INC, Terms
Of Use
The terms "we", "us" and
"Company" refers to HotelsAngel.com, Inc., its
affiliates and/or their respective suppliers and
providers ("HotelsAngel"), and "you" refers to the
customer booking a reservation though us directly
through this website, or indirectly through any of
our affiliates through whom we provide services.
All reservations you book through us are subject
to the following terms, conditions and notices as
they exist at the time the reservation is made. We
reserve the right to change these terms,
conditions and notices and you agree to accept and
be bound by the terms, conditions and notices that
are in effect at the time of your use of our
website and facilities.
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Personal and NonCommercial
Use
This website is for your
personal and noncommercial use. The content and
information on this website (including, without
limitation, price and availability of travel
services), as well as the infrastructure used to
provide such content and information, is
proprietary to HotelsAngel. Accordingly, as a
condition of using this website, you agree not to
use this website or its contents or information
for any commercial or non-personal purpose (direct
or indirect). While you may make limited copies of
your travel itinerary (and related documents) for
travel or services purchased through this website,
you agree not to 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 this website.
In addition, whether or not you have a commercial
purpose, you agree not to: (i)
access, monitor or copy any content or information
of this website using any robot, spider, scraper
or other automated means or any manual process for
any purpose without express written permission of
HotelsAngel; (ii) violate the restrictions
in any robot exclusion headers on this website or
bypass or circumvent other measures employed to
prevent or limit access to this website;
(iii) take any action that imposes, or may impose,
in the discretion of HotelsAngel, an unreasonable
or disproportionately large load on the
HotelsAngel infrastructure; (or)
(iv) deep-link to any portion of this website
(including, without limitation, the purchase path
for any travel services) for any purpose without
express written permission of HotelsAngel.
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Copyright Notice
All contents of this
website are copyrighted © 2009 HotelsAngel.com,
Inc. All rights reserved.
Liability Disclaimer
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
IN PARTICULAR, HOTELSANGEL DOES NOT GUARANTEE THE
ACCURACY OF, AND DISCLAIM LIABILITY FOR
INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER
PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE
AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL
AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED
ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS
PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL
RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS
ONLY GENERAL GUIDELINES, AND HOTELSANGEL DOES NOT
GUARANTEE THE ACCUARACY OF THE RATINGS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
HOTELSANGEL MAY MAKE IMPROVEMENTS AND/OR CHANGES
ON THIS WEBSITE AT ANY TIME. HOTELSANGEL
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE
INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR
SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY
ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR
SERVICES BY HOTELSANGEL. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. HOTELSANGEL
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 PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING
TRAVEL OR OTHER SERVICES FOR HOTELSANGEL ARE
INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF HOTELSANGEL. HotelsAngel IS NOT
LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR
NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY
PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR
OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
HOTELSANGEL HAS NO LIABILITY AND WILL MAKE NO
REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES
BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL
HOTELSANGEL BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR
INABILITY TO USE THIS WEBSITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF HOTELSANGEL, HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
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INDEMNIFICATION
You agree to defend and
indemnify the Company, its affiliates, and/or
their respective suppliers and any of their
officers, directors, employees and agents from and
against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties or
other costs or expenses of any kind or nature
including but not limited to reasonable legal and
accounting fees, brought by: * you or on
your behalf in excess of the liability described
above; or * by third parties as a result
of: o your breach of this agreement or the
documents referenced herein; o your
violation of any law or the rights of a third
party; or o your use of this website.
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NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use
of this website, you warrant that you will not use
this website for any purpose that is unlawful or
prohibited by these terms, conditions, and
notices.
LINKS TO THIRD-PARTY SITES
This website may contain
hyperlinks to websites operated by parties other
than HotelsAngel. Such hyperlinks are provided for
your reference only. HotelsAngel does not control
such websites and is not responsible for their
contents or your use of them. HotelsAngel's
inclusion of hyperlinks to such websites does not
imply any endorsement of the material on such
websites or any association with their operators.
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SOFTWARE AVAILABLE ON THIS
WEBSITE
Any software that is made
available to download from this website
("Software") is the copyrighted work of
HotelsAngel. Your use of the 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 not accompanied by a License
Agreement, HotelsAngel hereby grants to you, the
user, a personal, nontransferable license to use
the Software for viewing and otherwise using this
website in accordance with these terms and
conditions and for no other purpose.
Please note that all Software, including, without
limitation, all HTML code and Active X controls
contained on this website, is owned by
HotelsAngel, and is protected by copyright laws
and international treaty provisions. Any
reproduction or redistribution of the Software is
expressly prohibited by law, 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 WARRANTEED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
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TERMS, CONDITIONS AND
WARRANTIES
Prepaid Hotel Transactions
You agree that your credit
card will be charged for the full cost of your
reservation upon submitting your reservation
request. The cost of your reservation is the total
of the indicated room rate multiplied by the
number of days in your reservation, plus an
additional amount for the tax recovery charges and
our service fees. The tax recovery charge is
assessed to recover the amount we pay to the hotel
in connection with your reservation for sales and
use, occupancy room tax, excise tax, value added
and other similar taxes, and the balance of the
additional amount is a fee we charge in connection
with the handling of your reservation. Our service
fee varies based on the amount and location of
your reservation. We are not the vendor collecting
and remitting said tax to the applicable tax
authorities. The vendors bill all applicable taxes
to us and we remit such tax directly to the
vendor. We are not a co-vendor associated with the
vendor with whom we book or reserve our customer's
travel arrangements. Taxability and the
appropriate tax rate vary greatly by location. Our
actual tax cost paid to the vendor may vary from
the tax recovery charge, depending upon the rates,
taxability, etc., in effect at the time of the
actual use of the hotel, automobile, etc., by our
customer. You may cancel or change your prepaid
reservation, but you will be charged the
cancellation or change fee indicated on the
reservation order form. In addition, 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 of one night's room rate,
tax recovery charges and service fees. No refunds
will be made for no-shows or early checkouts. See
the hotel description for the cancellation policy
period for each hotel. You agree to pay any
cancellation or change fee that you incur. In some
cases, hotels do not permit changes to or
cancellations of reservations after they are made,
generally for stays during holiday periods or
special events. You will be notified before the
reservation order is completed and your credit
card is charged if a reservation is non-refundable
or non-changeable. You agree to abide by the terms
and conditions imposed with respect to any
conditions imposed with respect to any completed
reservation order for a hotel stay as specified on
the reservation order form. The Company attempts
to secure the best hotel rates available. The
Company's guarantee provides limited assurance
that our rates on prepaid hotel transactions are
the lowest rates available. If a lower room rate
is available to you for the same dates and the
same hotel and you contact us prior to the
property's cancellation deadline, we will either
refund the difference or cancel your reservation
without cancellation fee or other charge.
Travel Destinations
Although most travel,
including travel to international destinations, is
completed without incident, travel to certain
destinations may involve greater risk than others.
HotelsAngel urges passengers to review travel
prohibitions, warnings, announcements and
advisories issued by the United States Government
prior to booking travel to international
destinations. BY OFFERING FOR SALE TRAVEL
TO PARTICULAR INTERNATIONAL DESTINATIONS,
HOTELSANGEL DOES NOT REPRESENT OR WARRANT THAT
TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT
RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT
MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
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MODIFICATION OF THESE TERMS
AND CONDITIONS
HotelsAngel reserves the
right to change the terms, conditions, and notices
under which this website is offered and you agree
to accept and be bound by those terms, conditions,
and notices that are in effect at the time of your
use of HotelsAngel's website and facilities.
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GENERAL
By using this website or
booking a reservation through us you agree without
regard to the principles of conflicts of laws,
will govern this agreement and any dispute of any
kind that arises between you and the Company or
its affiliates. You hereby agree that any dispute
arising from or relating to the use of this
website or hotel reservations made through us may,
if not amicably resolved, be resolved only through
binding arbitration between you and us under the
commercial rules. This arbitration shall not
involve other customers, be combined with separate
arbitrations involving other customers, or proceed
as any type or form of class action in which the
claims of similarly-situated customers are pursued
together. Use of this website is unauthorized in
any jurisdiction that does not give effect to all
provisions of this agreement, including, but not
limited, to this paragraph. We reserve the right
to comply with law enforcement requests or
requirements relating to your use of this website
or information provided to or gathered by the
Company with respect to your use of this website.
If any provision of this agreement is determined
to be invalid or unenforceable pursuant to
applicable law by any court of competent
jurisdiction, the other provisions of this
agreement will remain in full force and effect.
You agree that no joint venture, partnership,
employment, or agency relationship exists between
you and the Company as a result of this agreement
or use of this website. We reserve the right to
comply with law enforcement requests or
requirements relating to your use of this website
or information provided to or gathered by the
Company with respect to your use of this website.
If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty
disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of
the original provision and agreement shall
continue in effect. This agreement (and any other
terms and conditions referenced herein)
constitutes the entire agreement between the
customer and the Company with respect to this
website and it supersedes all prior or
contemporaneous communications and proposals,
whether electronic, oral, or written, between the
customer and the Company with respect to this
website. A printed version of this agreement and
of any notice given in electronic form shall be
admissible in judicial or administrative
proceedings based upon or relating to this
agreement 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 herein are not intended to represent any
real individual, company, product, or event. Any
rights not expressly granted herein are reserved.
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USE OF HOTELSANGEL.COM
WEBSITE
The HotelsAngel website is
provided solely to assist customers in determining
the availability of travel-related goods and
services and to make legitimate reservations or
otherwise transact business with suppliers, and
for no other purposes. You warrant that you are at
least 18 years of age and possess the legal
authority to enter into this agreement and to use
this website in accordance with all terms and
conditions herein. You agree to be financially
responsible for all of your use of this website
(as well as for use of your account by others,
including, without limitation, minors living with
you). You agree to supervise all usage of this
website by minors under your name or account. You
also warrant that all information supplied by you
or members of your household in using this website
is true and accurate. Without limitation, any
speculative, false, or fraudulent reservation or
any reservation in anticipation of demand is
prohibited. You agree that the travel services
reservations facilities of this website shall be
used only to make legitimate reservations or
purchases for you or for another person for whom
you are legally authorized to act. You understand
that overuse or abuse of the travel services
reservation facilities of this website may result
in you being denied access to such facilities.
Separate terms and conditions will apply to your
reservation and purchase of travel-related goods
and services that you select. You agree to abide
by the terms or conditions of purchase imposed by
any supplier with whom you elect to deal,
including, but not limited to, payment of all
amounts when due and compliance with the
supplier's rules and restrictions regarding
availability and use of fares, products, or
services. You understand that any violation of any
such supplier's conditions of purchase may result
in cancellation of your reservation(s) or
purchase, in your being denied access to any
flights, hotels, or automobiles, in your
forfeiting any monies paid for such reservation(s)
or purchase, and in HotelsAngel debiting your
account for any costs HotelsAngel incurs as a
result of such violation. You shall be completely
responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of this
website.
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CURRENCY CONVERTER
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 for the day that currency
was last updated. The information supplied by this
application is believed to be accurate, but
HotelsAngel does not warrant or guarantee such
accuracy. When using this information for any
financial purpose, HotelsAngel advises the customer
to consult a qualified professional to verify the
accuracy of the currency rates. HotelsAngel does
not authorize the use of this information for any
purpose other than personal use and prohibit to the
maximum extent allowable the resale,
redistribution, and use of this information for
commercial purposes. HotelsAngel.com is not
responsible for content on external web sites.
Copyright © 2009 HotelsAngel.com, Inc. All rights
reserved.
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