AGREEMENT BETWEEN USER AND REBOOK TRAVEL
2. We do not sell Hotel Products
The Website is a is a tool for hotels to bid on your rebooking of hotels in a market. Rebook Travel does not provide, own or control any of the hotel services and products that you can access through our website (the “Hotel Products”). The Hotel Products are owned, controlled or made available by hotels directly. The Hotels are responsible for the Hotel Products. The booking of a Hotel Product takes place solely on the Websites of the Hotel Provider. Our Website only collects a deposit for the agree upon price for Hotel Products. The Hotel Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Further, the terms of the hotel where you plan to stay will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Hotel accessed through our Website is at your own risk, and Rebook Travel does not have any responsibility should anything go wrong with your booking. Rebook Travel has no control over the Hotel Products.
Rebook Travel hosts content, including prices, images and other information, made available by or obtained from Hotel Providers (“Provider Content”), as well as content provided by users, such as comments, ratings and other information (“User Content” and together with the Provider Content, the “Content”). Rebook Travek is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Content, and Rebook Travel has no influence over the Content
3. Rebook Travel booking
Rebook Travel offers its “Bid Booking” service, which allows a user to make a booking through our Website. If you opt to use Rebook Travel Bid Booking, the booking will be made with the Hotel Provider named on the booking page, and Rebook Travel will forward the booking information that you provide to the relevant Hotel Provider. When you make a booking through Rebook Travel’s Bid Booking, our Website acts will only collect a deposit for the booking, and you will only have to complete the booking process with the Hotel Provider. The contract for the relevant booking will be made between you and the Hotel Provider. Rebook Travel has no responsibility for the booking or the Hotel Product because Rebook Travel has no involvement in creating the description of the Hotel Product, in defining the price and any fees, and in providing the Hotel Products that you book. If you have any issues or disputes around your booking and/or the Hotel Product, you agree to address and resolve these with the Hotel Provider and not with us.
4. Use of the Website
As a condition of your use of our Website, you warrant that:
We retain the right at our sole discretion to deny access to anyone to our Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
All prices displayed are to be understood as applying per night. For booking periods in excess of one night, the average price per night for the selected period is displayed. All displayed prices does not include, the applicable sales tax.
5. Prohibited Activities
The content and information on our Website (including, but not limited to, price and availability of hotel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for hotel reservations booked through our Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
If your activity on our Website shows signs of fraud, abuse or suspicious activity, Rebook Travel may deny its services to you, and close any associated Rebook Travel accounts. If you have conducted any fraudulent activity, Rebook Travel reserves the right to take any necessary legal action and you may be liable for monetary losses to Rebook Travel, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Rebook Travel customer service.
6. Links to third-party sites
Our Website may contain hyperlinks to websites operated by parties other than Rebook Travel. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Website or other websites) 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.
8. Our liability is limited
Rebook Travel makes no representations about the suitability of the Content displayed on our Website for any purpose. The display on our Website of a Hotel Product or any Content does not in any way imply, suggest, or constitute a recommendation by Rebook Travel of that Hotel Product or that Content, or any sponsorship or approval of such Hotel Product or such Content by such Hotel Provider, or any affiliation between such Hotel Provider and Rebook Travel. All Content and any other information provided on our Website are provided “as is” without warranty of any kind. Rebook Travel disclaims all warranties and conditions that this Website, its servers or any email sent from Rebook Travel are free of viruses or other harmful components. Rebook Travel hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Website, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The Hotel Providers are independent from Rebook Travel and are not agents or employees of Rebook Travel. Rebook Travel is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Hotel Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. Rebook Travel will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. Rebook Travel does not accept responsibility for the uninterrupted accessibility to our Website and may carry out technical or maintenance work on the Website at any of its choosing.
In no event shall Rebook Travel 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 this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Rebook Travel has been advised of the possibility of such damages.
If, despite the limitation above, Rebook Travel is 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 Rebook Travel will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Rebook Travel.
9. You agree to protect us
You agree to defend and indemnify Rebook Travel and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
10. Dispute Resolution
Rebook Travel is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Statement (“Claims”) by contacting Rebook Travel’s Customer Support Center here . If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us and our subsidiaries. This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Arbitration Rules and specifically Consumer Arbitration Rule R-14, which gives the arbitrator the power to rule on all issues concerning the arbitrability of any claim or counterclaim. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions or in person in the state where you live or at another mutually agreed location. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Rebook Travel Legal,” at Rebook Travel. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
11. Additional terms
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and for searches or bookings made by U.S. residents, the laws of the state in which you reside, without regard to principles of conflicts of laws. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Website or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.