Travel Agency Agreement
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY, SPECIFICALLY THE MUTUAL ARBITRATION PROVISION IN SECTION 46. THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE ANY AND ALL DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE MUTUAL ARBITRATION PROVISION, AND THAT YOU HAVE TAKEN TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND AND CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION.
- The following definitions are used herein:
a. Travel Agent
For purposes of this agreement "Travel Agent" is defined as one of:
Consumer Club, Inc. d/b/a/ Getaroom.com, a Texas registered company with a business address, 3010 LBJ Freeway, Suite 1500, Dallas, Texas 75234, for transactions in US Dollars (USD) and Canadian Dollars (CAD). IATA number 45500011;
Getaroom Netherlands, B.V., a Netherlands registered company with a business address, Zandvoortselaan, Zandvoortselaan, Zandvoort, 2042XA, NLD, for transactions in Euros (EUR), British Pounds (GBP) or Australian Dollars (AUD). and/or our subsidiaries.
Travel Agent has been an IATA approved and sanctioned Travel Agent since September 5th, 2005. The principal place of business of Travel Agent is Dallas, Texas. The majority of employees of Travel Agent work in Texas.
b. Travel Agent Site
For purposes of this agreement, Travel Agent's Site is defined as Getaroom.com.
c. Travel Agent Services
For purposes of this agreement Travel Agent Services is defined as any and all services and benefits conferred by Travel Agent, including, but not limited to, providing concierge services, providing city guides, booking rental cars, airfare, hotel rooms, cruises, restaurant reservations, and/or show/event tickets, and providing links to web sites travelers might find helpful.
d. Travel Agency VIP Program
For purposes of this agreement, Travel Agency's VIP Program is that defined in paragraph 10.
For purposes of this agreement Beneficiary is defined as any person or entity, including corporations, partnerships, LLC or any legal entity availing itself of, or benefitting in any way, directly or indirectly, from the Services provided by Travel Agent.
2. Business with Travel Agent
You must read, agree with, and accept all of the terms and conditions contained in this Agreement. Any person or entity availing themselves of the services provided by Travel Agent, via this web site, and/ or any personal contact with any agent or representative of Travel Agent, acknowledges and agrees that by use of any of the Travel Agent Services, it is bound by the terms and conditions set forth herein. Any and all transactions undertaken on or through this Travel Agent Site by any and all persons, corporations, partnerships, and/or legal entities who benefit from the use of this site, hereby agree (1 to the applicability of the law of the State of Texas to any matters related to, or arising from, the use of this Site, and/or Travel Agent Services and (2 to the exclusive venue in Dallas County, Texas for any and all matters arising from any involvement of Travel Agent in providing services to any person or entity. Because Travel Agent is involved in international travel, with customers booking Services around the world, it is critical to the ability of Travel Agent to provide Travel Agent Services, that Travel Agent be able to predict the consequences and potential liability of Travel Agent. Without an agreement between the parties regarding choice of law in Texas and venue in Dallas County, Texas, the parties acknowledge and admit the Travel Agent would be unable to provide the Services it does at the rates it does. By accepting the benefits of Travel Agent's Services Beneficiary agrees that Dallas County, Texas is the exclusive venue, and courts in Dallas County have exclusive jurisdiction, over any controversies surrounding the Services provided by Travel Agent.
3. Use of Travel Agent Site
As a condition precedent to using Travel Agent Site, you hereby represent and warrant that you are a person or entity who has the capacity to enter into a contract. If you are a natural person, you must be 18 years or older. You may maintain only one account. Travel Agent may cancel any duplicate accounts at its sole discretion. You agree to make reservations only for yourself or for another person, or legal entity, who specifically authorized you to make such reservations. You represent and warrant that your use of Travel Agent Site or Travel Agent Services is not for the purpose of competing with, and/or interfering with, and/or causing damage or harm to Travel Agent.
4. Requirement of Internet Access
You must have Internet access and a valid email address to avail yourself of any Travel Agent Service. Travel Agent is not responsible for your inability to connect to the Internet, to log onto the Travel Agent Site, to access your account, or to access reservations made through the Travel Agent Site and/or through any transaction with Travel Agent.
5. Agreement to Receive E-mails from Travel Agent
By signing up to receive electronic newsletters of Travel Agent, book reservations of any sort and/or by creating an account, you 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 travel-related emails by either visiting your account page to edit your profile or following the unsubscribe link on any of the travel-related emails you receive. If you booked reservations through Travel Agent for hotel, dinner reservations, show tickets, or any other service and/or created an account, you may not opt-out of communications which are account related and not promotional in nature. If you do not wish to receive these communications, you can deactivate your account and cancel all reservations for any Travel Agent Service.
6. Access and Transferability of Travel Agent Account
Upon your registration as a person or entity who avails himself/itself of Travel Agent Service, you agree to provide your email address and a password that will allow you to access your account (on the Site), verify activity, change or cancel reservations, and modify your account information.
You must log into the Site by entering your email address and password to access your account.
7. Authorization for Travel Agent to Act
Travel Agent is entitled to act on instructions received under your email address and password. For security purposes, Travel Agent recommends that you memorize your email address and password and do not put it in written form in any location. Travel Agent also recommends you change your password at least once every 3 months or sooner if you feel, or have any reason to suspect, that your password may have been compromised. You are responsible for keeping your email address, password, and other personal account information confidential. Travel Agent is not responsible for any lost or misplaced email address or password nor is it Travel Agent's responsibility to make any changes or cancellations made to your account by someone else who uses your password. You should immediately notify Travel Agent if your email address or password has been lost, stolen or has been disclosed to an unauthorized person, and provide written confirmation of same as soon as possible.
No reservations 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.
9. Access to the Site
Travel Agent may 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 use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours, based on Central Time. If there are issues on the site, these may happen at any time.
10. Travel Agent VIP Program
Travel Agent has invested substantial time, energy, and financial resources to create the Travel Agent Site. Travel Agent has attempted to provide for you, our customer, some of the best available rates for hotel rooms, car rental, cruises, dining services, and other travel related services, both in and outside the United States. The cost of maintaining current information on all services provided is substantial. To ensure that Travel Agent customers and Beneficiaries will be able to continue to take advantage of this information, Travel Agent offers VIP Membership to any customer who has utilized any of the services offered by Travel Agent. Travel Agent will charge a fee to each customer for services provided each year for being a member of the VIP program. The amount will be $10.00, and will be billed the first time during each calendar year that customer books any services through Travel Agent. That VIP Program charge will not be assessed as a separate line item, but instead will be part of the Service Fee specified on each customer invoice. That membership fee will not be reimbursed even if the services by Travel Agent are cancelled.
11. Account Termination/Termination of Usage by Travel Agent
Travel Agent reserves the right to terminate or restrict your access to the Services and/or your VIP membership 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, your membership will be automatically cancelled, 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 Site after you have been prohibited from using the Services.
12. Prohibited Activities
The content and information pertaining to the Services and membership provided (including, but not limited to, price, descriptions and availability on Travel Agent Site), as well as the infrastructure used to provide such content and information, is proprietary to Travel Agent.. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through Travel Agent, 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, membership, and/or any information provided on the Travel Agent Site. Additionally, you agree not to:
- 1. use Travel Agent and/or Travel Agent Services, and/or Travel Agent Site for any commercial purpose;
- 2. make any speculative, false, or fraudulent reservation of any sort, that you do not plan to use for your personal benefit, or any reservation in anticipation of demand by any third party;
- 3. access, monitor or copy any content or information from Travel Agent, and/or Travel Agent Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- 4. violate the restrictions in any robot exclusion headers on the Travel Agent Site and/or Travel Agent Services or bypass or circumvent other measures employed to prevent or limit access to the Travel Agent Services;
- 5. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined exclusively by Travel Agent;
- 6. deep-link to any portion of Travel Agent Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- 7. "frame", "mirror" or otherwise incorporate any part of Travel Agent Site and/or any Travel Agency Services, into any other website, mobile application, product or service without Travel Agent's prior written authorization.
13. Site Provider
Travel Agent connects you to providers of travel services. Travel Agent Site is intended to facilitate your booking of air fare, cruises, dining reservations, shows, hotel rooms, and the providing of other travel related services as illustrated by the Travel Agency Site, from vendors that provide those products and services. Travel Agent is not directly involved in providing actual airfare, cruises, hotel rooms, room service, valet parking, meals, any food products, and/or tickets of any sort. As a result, Travel Agent has no control over, and makes no representations regarding, the quality, safety or legality of the products and services offered, food provided, accommodations provided, and/or the truth or accuracy of the listings or the ability of the vendors to offer services. In the event that you have a dispute with one or more vendors, or suffer any damage or harm, bodily injury, or economic loss, you hereby expressly release, remise and forever discharge Travel Agency, and its officers, directors, agents, subsidiaries, joint venturers, assigns and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, to including but not limited to food allergies, contamination, damage or injury from fire, damage or injury to or from any automobile, and/or any damage or harm from any and all hotel accommodations including swimming pools, exercise equipment, and dining services. You also represent and warrant that you understand that Travel Agent is a third party company and that you understand and agree that Travel Agent does not directly or indirectly provide any service other than booking travel services. Further you understand and agree that Travel Agent is an independent entity from the provider of travel services. You understand, agree, and you have been advised, that Travel Agent is not a hotel company and that you have not been lead to believe that you are booking a room with a hotel directly.
14. Change or Cancel Fees Specifically Related to Reservations Booked by Travel Agent
There is NO change or cancellation fee charged if the customer has booked on most published rental car charges, dining reservations, hotel rates, airline reservations and service fees charged by Travel Agent. There are some rates and membership fees that are specifically identified as nonrefundable that cannot be refunded once the service, car rental, cruise, or hotel room is booked. Travel Agent will retain the $10.00 VIP Membership fee as processing fee if the customer changes or cancels reservations booked from Travel Agent's unpublished rates (e.g. call center only specials or pre-negotiated promotions for any Travel Agent Service.) On all otherwise cancellable rates, for any hotel you will be charged for a one night stay in the hotel, including all hotel tax charged by the hotel, and any fees charged by Travel Agent for the total booking, in the event you do not cancel your reservation within the time indicated on your confirmation receipt for the reservation. There may be other fees imposed by lodging suppliers and if the reservation is not cancelled by the time indicated, the entire amount, including the hotel fees, the hotel taxes, and the Travel Agent's service fees may be forfeited. Any such cancellation fees of the airlines, rental car, cruise ships, hotels or other products and services, will be disclosed to customers at the time of booking. To make changes to your reservation, simply call our toll free number or click on the Customer Care button on the Site. Any and all reference to cancellation policies referenced in any e-mail from Travel Agent are binding and enforceable. When you book a room through Travel Agent you understand and agree that when you book a hotel room the cancellation policy referenced in the confirmation e-mail is binding,
15. (Prepaid) Hotel Reservation Payment
You authorize Travel Agent to book reservations for the price of airline tickets, rental cars, hotel rooms, and any other services charged by the provider, plus any applicable fees and taxes (including but not limited to bag charges, gas charges, and any applicable taxes, and service fees charged by Travel Agent). You also acknowledge that you have requested that Travel Agent provide you booking services, including but not limited to locating the best available rate at a particular hotel, to act as your agent in booking of reservations at hotels, restaurants, and shows and any additional Travel Agent Services. Travel Agent customers acknowledge that the rates displayed on Travel Agent Site is a combination of the fees charged by the service provider (i.e. cruise ship, airline, rental car company, hotel, hotel supplier, including any applicable taxes and/or insurance and gas charges, and the marketing membership and service fee charged by Travel Agent). Concierge services, dining and destination discounts, 24 hour customer support and discounts to frequent customers (see below) are all part of the services offered as a result of the VIP membership of Travel Agent. No charges will be assessed by Travel Agent in excess of the fee disclosed to the customer in the invoice provided by Travel Agent to customer. Upon submitting your reservation request you authorize Travel Agent to process any and all reservations on your behalf, including making payment arrangements with suppliers of airfare, cruise ship services, rental car, and hotel suppliers.
16. No Representations or Warranties Made By Travel Agent
You acknowledge that Travel Agent is not in the airline, rental car, or hotel business, and makes no representation or warranty regarding the air travel, rental car, or hotel rooms or any other services for which Travel Agent made reservations for you. Travel Agent does not own or operate any airplanes, any rental car companies, or hotels. Travel Agent does not purport to act as an agent or representative of any airline, rental car company, and/or hotel. You acknowledge that Travel Agent is your agent, and not that of any airline, rental car company, and/or hotel provider.
Because Travel Agent is not the agent of any airline, rental car company, cruise line, and/or hotel, Travel Agent cannot, and does not guarantee the accuracy of rates indicated on Travel Agent Site. Travel Agent uses best efforts as your agent to determine the appropriate rates for any rental car company, restaurant, and/or hotel you select, but these are intended merely as guidelines and not as any form of guarantee. Because Travel Agent is not in the air travel business, rental car business, and/or hotel business, and does not sell a particular car, air travel ticket, or hotel room, but only assists you in making reservations, you understand and acknowledge that we have no control or authority over the airline, rental car, and/or hotel, or the rates they charge, or services they provide. Any decisions regarding update, maintenance, or description of the cruise, car, and/or hotel is provided exclusively by the providers of each. Lodging providers are constantly making changes, improvements and renovations to their products. Likewise lodging providers are constantly making their rooms available for customer's use, so any deterioration in the hotel rooms is not within the control of Travel Agent. Thus Travel Agent is not in a position to comment or give any opinion regarding the appropriateness of any fees charged by the hotels. We make best efforts to keep the Site updated. However because of the nature of Travel Agent's Services, we are not in control of the quality of rooms provided by any particular hotel, at any time. Travel Agent does not guarantee the accuracy of any information on the Site nor do we make any guarantee that the lodging establishment is not undergoing any renovations.
18. NO Warranties
TRAVEL AGENT MAKES NO REPRESENTATION OR WARRANTY. ALL CONTENT, INCLUDING MEMBERSHIP FEES, SOFTWARE, TRAVEL AGENT SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TRAVEL AGENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, TRAVEL AGENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TRAVEL AGENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TRAVEL AGENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
TRAVEL AGENT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
19. Special Offers
Special offers and discount pricing of Travel Agent Services including, but not limited to, discounts on air fare, rental cars, cruises, and hotel rooms are only available at participating providers of those services, and when the providers of those air, car, cruise, hotel rooms make their flights, cars, cruises and hotel rooms available at such discounted prices. Prices shown include applicable discounts and are based upon discounted airfare, car rental rates, cruise ship rates, and hotel rates set by each provider of 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.
20. Charges NOT Paid by Travel Agent
Upon check-in at a hotel or for a cruise, customer acknowledges that customer will be required by the cruise line or hotel to provide a credit card to cover any incidental expenses that are incurred by the customer at any time during the stay. These expenses include, but are not limited to, room service, meals, valet parking, additional hotel taxes, internet fees, beverage fees, spa services, picture purchases, and any other fees associated or incidentals with staying at any particular hotel and/or traveling on any particular cruise line.
You may not book more than 8 airline reservations, 8 people for the same cruise, 8 people for rental cars, or more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 services referenced above for the same dates, in total, in separate reservations and/or in the same reservation, we may at our sole discretion cancel your reservation(s), and charge you any applicable membership, service, and/or cancellation fees. If you purchased a non-refundable 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 services, including air fare, car rental, cruises, hotel rooms, you must contact our group travel specialists by phone or by filling out the group travel form online. A travel specialist from our groups affiliate partner will research your request and may contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.
22. Exchange Rate
Currencies fluctuate in value. All payments and refunds are currently processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment/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. 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 of airfare, rental car, cruises, and/or hotel rooms 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.
Persons under the age of 18 may not purchase, cancel or modify any services available through Travel Agent.
24. Check-in Requirements
You are required to provide official State or authorized government issued ID upon check-in for any Travel Agent reservation. In addition, you are required to provide a credit or debit card upon request from the hotel for incidentals, as referenced above. You are required to provide an official State or authorized government issued ID with your picture upon check in for any airline, cruise ship or car rental. Your failure to produce such ID may result in forfeiture of the booking of the Travel Agent Service without any right to refund.
If Travel Agent receives a chargeback or payment dispute from a credit or debit card company or bank for an otherwise valid reservation, Travel Agent reserves the right to cancel any existing and/or future reservations without notice, and retain any membership and/or service fee. Travel Agent also reserves the right to recover any fees passed on to us by the credit or debit Card Company or bank, plus any outstanding balances accrued as a result of the chargeback. In an effort to amicably resolve any outstanding billing issues please contact customer service directly. Requesting a chargeback for a valid charge is considered fraud and is not an appropriate or legal means of obtaining a refund. Travel Agent reserves the right to file a civil action against you and/or report you to the appropriate authorities if we believe you are defrauding Travel Agent. Please read and make sure you fully understand our refund policy prior to authorizing a payment.
26. Fraudulent Charges
If your booking or account shows signs of fraud, abuse or suspicious activity, Travel Agent may cancel any bookings associated with your name, cancel any membership benefits accrued, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, Travel Agent reserves the right to take any necessary legal action and you may be liable for monetary losses, including litigation costs and damages. To contest the cancellation of a booking, non-refund of a membership fee, or freezing or closure of an account, please contact our Customer Support.
27. Duplicate Bookings
You acknowledge that you may not hold duplicate reservations for the same hotel for overlapping dates under the same guest name. If booking more than one room at a time, 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 expense, any additional membership or service fees, and/ or rate increase incurred as a result of a duplicate reservation.
28. Nationality Restrictions
International suppliers' rules, restrictions, and conditions may limit the use of Travel Agent reservations. Some suppliers of Travel Agent Services may vary depending on the guest's nationality. For example Disney attractions, immigration fees charged at airports, and some hotels and suppliers may charge variable rates depending on the guest's nationality. With regard to variable pricing at hotels, one hotel might have 3 different rates for a resident from an Association of South East Asian Nations country, a European market and finally for a Singapore/Malaysian resident. You may be asked to show your passport to the service provider, including but not limited to a hotel. You may be asked to provide your credit card details and address prior to check-in. Travel Agent will do its best to provide you with this information in advance, however Travel Agent will not be liable for any fluctuations in hotel rates, immigration dues or fees, and/or any other charges assessed against any citizen of any country. In the event of a price fluctuation as a result of any service provider including, but not limited to any airline, rental car company, and/or hotel charging the customer an additional fee for use of its hotel room, Travel Agent is not be responsible for the additional charges, and agrees only to use best efforts to report the actual rate to be charged by any such service provider.
29. Travel Agent VIP Program
If you have been enrolled in the Travel Agent VIP Program, which gives members access to special travel rates including but not limited to airfares, car rental fees, cruise discounts, and lodging rates at hotels that are not available to the general public, you agree to keep these rates confidential to you and not reveal them to any third parties except when required by law to do so. The Travel Agent VIP Program is a private group, offered only by Travel Agent to its members by invitation only and typically as a result of reserving a travel-related service through Travel Agency, to include but not be limited to booking of air fare, rental cars, cruises, and hotel rooms. Travel Agent may revoke membership at any time, for any reason, at its sole discretion, without notice or compensation. If enrolled, you also represent and warrant that you do not work for or represent a company competing against Travel Agent, and that you do not work for or represent a hotel, lodging group or hotel chain, a rental car company, an airline and/or cruise company. The rates offered through the Travel Agent VIP Program are not subject to hotel Best Rate Guarantee (BRG'S) policies and you agree not to ask for BRG's on any hotel or lodging property rate you book through Travel Agent. If enrolled, you agree not to share your login and password with other users and to keep the unpublished rates, including but not limited to lodging, airfare, and rental car rates, confidential to you. To maintain your Travel Agent VIP Membership you must book a reservation through Travel Agent at least once every six months.
30. Travel Agent Price Adjustment Program
AS an incentive to make reservations through Travel Agent, any individual customer that books more than 30 individual reservations for services per year for any Travel Agent Services, including but not limited to car rentals, air fare, overnight stays at hotels, condos, or any other rooms booked by Travel Agent, shall be entitled to a $100 price adjustment on the 30th reservation for the year. To claim this refund your request must be received by Travel Agent no later than the 31st of January of the year following the year you earned the price adjustment, and the price adjustment will be reflected as a credit on your next bill from Travel Agent. The price adjustment is a refund of the price paid during the previous year but can only be used as a credit against future reservations.
32. Limitation of Liability
The information, software, membership and services published on this Travel Agent Site may include inaccuracies or errors, including pricing errors. In particular, Travel Agent does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of a hotel, condominium, vacation rental, air fare, rental car, cruise and or any other travel products and services displayed on the site, (including, without limitation, the pricing, photographs, list of amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors of Travel Agent 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.
Travel Agent and its suppliers make no representations about the suitability of the information, software, membership, and services contained on the Travel Agent Site for any purpose, and the inclusion or offering of membership services on the Travel Agent Site does not constitute any endorsement or recommendation of such products or services by Travel Agent. All such information, software, membership fee, and services are provided "as is" without warranty of any kind. Travel Agent and any providers of travel services included in Travel Agent's Site disclaim all warranties and conditions that Travel Agent Site, its servers or any email sent from Travel Agent and/or the providers of travel services are free of viruses or other harmful components. Travel Agent and any suppliers used by customers of Travel Agent hereby disclaim all warranties and conditions with regard to this information, software, membership fees 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 Travel Agent Site are independent contractors and not agents or employees or representatives of Travel Agent. Travel Agent is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Travel Agent is the agent or representative of its customer, and as such, has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control. Travel Agent has no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority, any acts of terrorism, an/or natural disasters.
In no event shall Travel Agent or any suppliers of travel services booked through Travel Agent 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 Travel Agent Site, or with the delay or inability to access, display or use the Site (including, but not limited to, your reliance upon opinions appearing on the Site; any computer viruses, information, software, linked sites, memberships and services obtained). Travel Agent will not be liable for damages of any kind, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise. This limitation of liability applies even if Travel Agent or anyone with whom Travel Agent contracts, has been advised of the possibility of such damages.
If, despite the limitation above, Travel Agent, and any providers of travel services with whom Travel Agent contracts, 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 Travel Agent and/or any agents, representatives, or employees of Travel Agent, will in no event exceed, in the aggregate, the lesser of (a) the membership fee or service fees you paid to Travel Agent, in connection with such transaction(s) or (b) One-Hundred Dollars (US$100 or the equivalent in local currency.
This 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 this Travel Agency Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Travel Agency Agreement will inure to the benefit of Travel Agent and any of its agents, representatives, partners and/or entities with whom Travel Agent has contracted.
You shall, at your sole cost and expense, defend, indemnify and hold Travel Agent and its affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a "Beneficiary") harmless from and against any and all damages, liabilities, losses, costs, fines, taxes, and expenses, including without limitation, reasonable attorneys' fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any dispute or alleged dispute between you and any vendor or service provided by Travel Agent or as a result of your Travel Agent VIP Membership (b) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (c) any irregularity, error, problem or defect occurring on the Travel Agent Site that is caused by you; (d) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Travel Agent Site by you (or any person that gains access to the network through you under this Travel Agent Agreement or otherwise); or (e) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any vendor service, regardless of whether such claim is founded in contract, tort, warranty, or other cause of action. Each Travel Agent Beneficiary shall provide prompt written notice of any claim or liability and shall tender defense or settlement to Travel Agent, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the Travel Agent Beneficiary shall, in addition to all other amounts, shall be entitled to all costs (including reasonable attorneys' fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment or settlement.
34. Supplier Rules and Restrictions
Additional terms and conditions may apply to your reservation and/or purchase of travel-related services that the provider requires. Please read their terms and conditions carefully. 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. We reserve the right to cancel your booking if full payment is not received in a timely fashion. 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 conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied boarding on an airline, refusal to rent a car, and/or denial of access to any hotels, condominiums or vacation rentals. You may forfeit any monies paid for such reservation(s) or purchase, including but not limited to membership fees and payment for Travel Agent Services. You hereby authorize Travel Agent to debit your account for any costs Travel Agent 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 Travel Agent Site.
The price of the travel services provided by Travel Agent will be as quoted on the Travel Agent Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Travel Agent's best efforts, some of the travel services listed on Travel Agent Site may be incorrectly priced. Travel Agent EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON 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, and without requiring you to forfeit your Travel Agent VIP Membership. However cancellation as a result of a pricing error will not be considered in determining the 30 room night bookings referenced in Section 30 above. Travel Agent is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking. Prices quotes on the web site may not include all fees and you specifically represent and warrant that you understand and agree that the price quoted on the web site for hotel stays does not include all fees and taxes. Fees and taxes for the room rate will be included on the final pricing and on the confirmation e-mail. However the final rate quoted in the final e-mail does not include specific charges assessed by the hotel for miscellaneous expenses that the customer may incur such as parking fees, room service, resort fees, city taxes, other taxes, internet use or other miscellaneous charges such as room service or movie rental.
36. Method for Making Changes or Cancellations
Travel Agent does not change or modify existing nights to reservations. You can cancel your reservation either online at our Travel Agent Site, or by calling our customer services number 800-468-3578. Select Option 1. 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. For example, adding a night to an existing reservation for a hotel room, condo, or house, can be accomplished by creating a new reservation for your requested nights.
You may be able to change your guest name, requested bed type, smoking preferences, special requests, accessibility options, room types and number of guests by contacting Travel Agent. You may be able to change your requested type of car reserved, and request special modifications to your reservation such as infant car seats and GPS services. However, please note our suppliers may impose other change and/or cancellation fees, depending on the nature of the request. Charges vary by reservation, dates and occupants, so please review your confirmation email or contact Travel Agent for details.
Each reservation is subject to the providers' cancellation policy, which varies by provider. In the case of hotels, condos, and room reservations the typical service provider usually requires notice of cancellation 24 to 72 hours prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the cancellation or change fee as stated on your confirmation receipt or indicated in the cancellation policy for the hotel. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, you will be subject to a charge 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 any applicable fees from the hotel, condo, or room provider.
Cancellation of rental cars usually requires notice of cancellation 24 hours in advance.
Cancellation of airfare is determined by the air carrier and many reservations may not be cancelled, or if they are the airline may only issue a credit to your credit card that can only be used for future travel on the same airline and subject to their terms and conditions.
You agree to pay any cancellation or change fees that you incur. As stated above some travel service providers including airlines, hotels, and car rental companies do not permit changes to or cancellations of reservations after they are made, as indicated in the cancellation / change policy for the Travel Agent Service. You agree to abide by these Terms imposed with respect to your prepaid travel reservations for any hotels, airlines, cruise lines, and car rental companies.
In the event that a hotel or service provider is unable to honor your reservation, Travel Agent will not be liable for any cost incurred due to rebooking of the flight, change of rental car, or relocation to another hotel or condo.
37. Best Price Guarantee Terms
Best Price Guarantee
If you find a lower room rate for a hotel room or condo on Travel Agent Site, or within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date, we will either attempt to match the rate or cancel your reservation without penalty and refund our membership fee and any service fee paid to Travel Agent.
Submitting a Claim
You must contact the Travel Agent's customer service dept. at 1-800-468-3578 or submit your request using the online Best Rate Guarantee form within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives. In the event you remain booked, but at a lower fee, Travel Agent will still be entitled to the same Service fee for booking your room. If it is the first booking with Travel Agent you will still be entitled to a Travel Agent VIP Program as set forth above in #29.
Comparison Must Be to Same Itinerary
The Best RateGuarantee is available only for exact itinerary matches, including property, room type, applicable cancellation policy, and dates of travel as booked through Travel Agency. In addition, the comparison must be to the same property purchased stand-alone through another website- in other words, properties booked on another website as part of a package are not eligible for the guarantee. The guarantee applies to the cost of booked travel, as presented in your booking confirmation, including any taxes and fees collected by us from you at the time of booking. The guarantee does not apply to any taxes or fees collected by any third party from you, such as those taxes and fees a hotel may collect directly from you when you stay at the hotel. It is not available for reservations on websites where the property or other reservation details are unknown until after purchase. You must meet all requirements imposed on the lower price (if any), including, without limitation, residency, regional and age-related requirements.
Comparison Must Be Available
to the General Public. The Best Price Guarantee applies only to prices both advertised and available to the general public. For example, this does not include rates offered on membership program websites; corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received.
All requests are subject to verification by Travel Agent. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith.
Refunds for Verified Requests
Verified requests will receive a credit to the credit card used for the reservation at the time of booking. Note, it may take up to 30 days or the next billing cycle for your refund to appear on your statement.
Changes to Best Rate Guarantee
We reserve the right in our sole discretion to modify or discontinue the Best RateGuarantee at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your claim will determine your eligibility under the guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
38. International Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, 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. 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/ofac and https://www.cbp.gov/travel.
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. Travel Agent accepts 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.Disinfection
Although not common, most countries reserve the right to disinfect 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 disinfection 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: https://www.who.int/publications/i/item/9789240014459
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK. Travel Agent IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
39. Links to Third Party Sites
Travel Agent Site may contain hyperlinks to websites operated by parties other than Travel Agent. Such hyperlinks are provided for your convenience only. Travel Agent does not control such websites and is 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.
Unless otherwise expressly permitted by authority of Travel Agent, websites may not hyperlink to any page beyond the homepage of Travel Agent Site or frame this Travel Agent Site or any web page or material herein, nor may any entity hyperlink any aspect of this Travel Agent Site in an email for commercial purposes without the express written permission of Travel Agent.
40. Trademark Notice
"GETAROOM.COM", "GETAROOM", Room values, Roomvalues.com, ConsumerClub, as well as additional marks not mentioned here, are registered service marks of Travel Agent. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Travel Agent or a third-party. The use on Travel Agent of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through Travel Agent Site, should not be construed as an endorsement or sponsorship of Travel Agent Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through Travel Agent Site.
41. Third Parties
If you use Travel Agent Site to submit Requests for or on behalf of a third-party ("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; including, but not limited to, the billing address and phone number of the credit or debit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through Travel Agent Site including all rules and restrictions applicable thereto. Each User using Travel Agent Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
42. Responses to Requests
While Travel Agent will use good faith to respond to requests within the time periods indicated on Travel Agent Site, no guarantee is made that the status of your requests will be made available to you within the stated processing time. Travel Agent is not responsible for any delays in responding to requests including, without limitation, error or delays in responding to a request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond our control.
43. Special Rates
When available, Travel Agent may offer additional, discounted travel rates for air fare, cruises, car rental, and hotel and condo booking options as part of our services. These discounted travel rates may be referred to as, Unpublished, Opaque, Call Center Only, Tonight and or Mobile rates for airfare, rental car, cruise ship, and/or hotel and condos, are different from other rates to which you may have access as a result of your Travel Agent VIP Membership, in several important ways. For example, the name and exact address of the provider of travel services may not be shown until after payment has been made for the booking or the final price of the travel provider may not be revealed to the customer until after the transaction is completed by the customer or the special rates may have specific booking criteria, i.e. time of travel, connecting flights, length of stay, arrival dates or minimum stay restrictions. Note: Many of these bookings are nonrefundable and final and cannot be changed, refunded, exchanged, cancelled, subject to additional fees or transferred to another party. Your credit or debit card will be charged for the amount shown even if you do not use the booking. In the case of air fare, seat assignments may not be available, and you may not be seated with members of your party. In the case of cruise lines you may not have a choice of deck levels. In the case of hotels, 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. Travel Agent VIP Members' fees for these bookings are non-refundable and are not counted as part of the 30 room nights referenced in paragraph #30 above.
44. Bank and Credit or Debit Card Fees
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 U.S. 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. 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.
You understand and agree that Travel Agent would be prohibited from offering the discounted rates available to YOU if Travel Agent had exposure to litigate in a variety of venues and had potential exposure for violation under a variety of laws including the law of the state or country in which you reside. You understand and agree that by booking through this Travel Agent that you are taking advantage of rates and availability that might not otherwise be available to you by another Travel Agent who has exposure for liability under the laws of the state or country in which you reside.
46. MUTUAL ARBITRATION PROVISION—PLEASE READ.
The Parties mutually agree to resolve any and all disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to pre-dispute arbitration agreements.
Travel Agent and You expressly agree that the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) shall exclusively govern the interpretation and enforcement of this Mutual Arbitration Provision, and that the FAA shall apply to any and all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement, Travel Agent’s provision of services under this Agreement, the fees charged for Travel Agent’s services, the termination of this Agreement, and all other aspects of Your relationship with Travel Agent, past or present, whether arising under federal, state, or local law. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event You and/or Travel Agent are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in Texas shall apply.
Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any dispute concerning arbitrability. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative Action is unenforceable, unconscionable, illegal, void, or voidable; any such dispute must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. Moreover, all disputes relating to or arising out of the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator.
BY AGREEING TO ARBITRATE DISPUTES BETWEEN THEM AS DESCRIBED HEREIN THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT OR JURY TRIAL.
- 1. Before commencing individual arbitration with the American Arbitration Association (“AAA”), the Parties must engage in a good-faith effort to resolve any claim covered by this Mutual Arbitration Provision through an informal telephonic dispute resolution conference between You and Travel Agent. The Party initiating the claim must give notice to the other Party in writing of its, his, or her intent to initiate an informal telephonic dispute resolution conference, which shall occur within seven days of the other Party receiving such notice. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. The statute of limitations shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
- 2. Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if those efforts fail, either You or Travel Agent may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name, telephone number, mailing address, and e-mail address of the Party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good faith calculation of the amount-in-controversy, enumerated in United States Dollars; (4) the original personal signature of the Party seeking arbitration (a digital, electronic, copied, or facsimile signature is not sufficient); and (5) the Party’s portion of the AAA filing fee. Any request for injunctive relief or attorney fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money. If the Party seeking arbitration is represented by counsel, counsel must also provide an original personal signature on the demand for arbitration (a digital, electronic, copied, or facsimile signature is not sufficient). By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (1) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Any demand for arbitration by You must be delivered to Travel Agent at the following address: c/o Arbitration Request, 3010 LBJ Freeway, Suite 1500, Dallas TX 75234.
- 3. CLASS ACTION WAIVER—PLEASE READ. Travel Agent and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive their right to have any dispute or claim brought, heard, administered, or arbitrated as a class, collective, or mass action, or to participate in any class, collective, and/or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Travel Agent and You agree that the definition of a “class, collective, and/or mass action” includes, but is not limited to, instances in which You are represented by a law firm or collection of law firms that has filed more than 25 arbitration demands of a nearly identical nature against Travel Agent within 180 days of the arbitration demand filed on Your behalf. This Class Action Wavier does not prevent You or Travel Agent from participating in a classwide settlement of claims.
- 4. Any arbitration shall be governed by the AAA Consumer Arbitration Rules (“AAA Rules”), except as follows: (1) The parties shall be required to meet and confer to select a neutral arbitrator. If the parties are unable to mutually agree to an arbitrator, the arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be an attorney with experience in the law underlying the dispute; (2) Unless applicable law provides otherwise, as determined by the arbitrator, Travel Agent and You shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings. Travel Agent shall pay any costs uniquely associated with arbitration, such as payment of the Arbitrator and room rental; (3) If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; (4) Both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and AAA, a AAA administrator, or an individual arbitrator, relating to a Party’s portion of the fees. The arbitrator, however, may disallow any private agreement between AAA or a AAA administrator, on the one hand, and the negotiating Party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (5) The arbitrator may issue orders (including subpoenas to third-parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (6) Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, including but not limited to the imposition of sanctions under the Federal Rules of Civil Procedure, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable. Such remedies include, but are not limited to, sanctions available under Federal Rule of Civil Procedure 11; (7) The arbitrator may hear motions to dismiss and/or motions for summary judgment. An arbitrator may not permit the filing of a motion for summary judgment until after the parties have conducted discovery to support their claims and defenses. Any motion to dismiss and/or motion for summary judgment shall otherwise be governed by the standards of the Federal Rules of Civil Procedure governing such motions; (8) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (9) Any finding of bad faith in creating or submitting an arbitration demand will be deemed to violate this Agreement, and shall entitle the other Party to recover its, his, or her attorneys’ fees, costs, and expenses; and (10) Either Travel Agent or You may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief to preserve the status quo, to avoid suffering irreparable harm, or on the ground that without such relief the arbitration provided in this Section may be rendered ineffectual. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Provision, either Party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall be automatically stayed pending the outcome of that proceeding.
- 5. If the amount in controversy set forth in an arbitration demand is less than $10,000, either Party may elect to have the following streamlined procedures apply: the Parties shall present their arguments and evidence to the arbitrator in written form without a live hearing; no Party may take more than one deposition; discovery or other information exchange shall be limited to information that is essential to fair resolution of the claim(s); and the arbitrator’s award (while still required to be in writing) need not include findings of fact or conclusions of law.
Regardless of any other terms of this Agreement, nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration.
The AAA Rules may be found at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by searching for “AAA Consumer Arbitration Rules” using a service such as www.google.com, or by asking Travel Agent to provide a copy.
Limited Exception for Small Claims Actions. Notwithstanding the Mandatory Arbitration provision above, you may assert a Claim on an individual basis in small claims court in Dallas County, Texas, if the Claim qualifies for small claims jurisdiction, which, in Texas, is a claim of $10,000 or less, excluding costs, interest, and attorney’s fees to the extent available.
47. Entire Agreement
This Agreement, as it may be amended in writing including published amendments on the internet, constitutes the entire agreement between you and Travel Agent. Because customers of Travel Agent may reside in locations around the world, the principle place of business of Travel Agent, Dallas Texas, is expressly agreed to be the determinative location for consideration of applicable law, venue, and jurisdiction of any legal matter arising from, or pertaining to, the transactions between Travel Agent and any third party. This Agreement shall be deemed to have been made in, and shall be construed and interpreted in accordance with the internal laws of the State of Texas, without giving effect to the principles of conflicts of law thereof or of any other jurisdiction. ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT OR THE INTERPRETATION, MAKING, PERFORMANCE, BREACH OR TERMINATION HEREOF FOR WHICH A PARTY SEEKS DAMAGES, INJUNCTIVE OR EQUITABLE RELIEF, OR ANY OTHER CLAIMS NOT SUBJECT TO SECTIONS ABOVE, SHALL BE SUBJECT TO MANDATORY ARBITRATION, AS OUTLINED ABOVE. IN THE EVENT THAT A DISPUTE ARISES THAT FALLS OUTSIDE THE MUTUAL ARBITRATION PROVISION, ALL SUCH ACTIONS ARE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE TEXAS STATE COURTS IN DALLAS COUNTY, TEXAS (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF TEXAS), AND THE PARTIES HEREBY AGREE AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS IN TEXAS. Travel Agent does not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Travel Agent Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement 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. You agree that Travel Agent may automatically assign this Agreement and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between Travel Agent and the vendors who provide travel services. Travel Agent's failure to insist on strict performance of this Agreement or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of Travel Agent Site and/or this Agreement must be brought within a maximum of two (2 years from the date on which such claim or action arose or accrued. It is understood and agreed that Travel Agent will not maintain records of transactions beyond a period of 2 years.
Travel Agent may amend this Agreement at any time by posting the amended terms on the Travel Agent Site. All amended terms shall automatically be effective immediately upon being posted on the Travel Agent Site and your continued participation in taking advantage of the service of Travel Agent after such modification shall be deemed your acceptance of any such amendment. It is your responsibility to check the Terms page of the Site regularly to determine if an amendment to this Agreement has been posted. Other than the posting of such amendment on the Travel Agent Site, Travel Agent will not notify you of such amendment. If you do not agree to any modification of this Agreement, you should immediately cease using the Travel Agent Site and the services provided by Travel Agent. This Agreement may not otherwise be amended except in writing, signed by you and signed by Travel Agent.
Travel Agent's principal place of business is located at 3010 LBJ Frwy. Ste 1500, Dallas Texas 75234
This Agreement was last amended and posted on this Site on March 10, 2020.
Find Hotel Rates and Hotel Rooms in Major Destinations.Copyright © Getaroom, Inc 2020. All Rights Reserved. Patent Pending