Hotel Engine Terms & Conditions
Effective date: January 12, 2022
Upon acceptance, the following terms & conditions shall be binding onto all Members and Users, except for those Members and Users booking through the State of Texas CPA Contract No. 971-M1.
HotelEngine, Inc.’s “Hotel Engine” website, www.Hotel Engine.com (the “Site”), provides an efficient, competitive means of booking hotels and other accommodations with third-party accommodations providers.
Use of the Site is governed by all applicable laws and regulations and by this Agreement. This Agreement forms a legally binding agreement. Any breach of any of the terms contained in this Agreement may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE EXIT AND DO NOT USE THE SITE.
Unless a section of this Agreement specifies otherwise, all terms of this Agreement apply to all Members, Administrators, and Users of the Site.
ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), ARE NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
II. Agreement Regarding Other Policies Referenced Herein
By agreeing to this Agreement, you also agree to and must abide by all of Hotel Engine’s policies as stated in this Agreement and in the policy documents listed below (if applicable to your activities on or use of the Site), which are all incorporated herein by reference.
IV. Changes to this Agreement and Policies
Hotel Engine reserves the right to make any changes, at any time, to this Agreement and all policies referenced herein. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Hotel Engine from time to time. The changes and additional terms and conditions are incorporated into this Agreement by this reference, and, unless otherwise provided herein or in the applicable policy, they will be effective as of the date we post the revised version on the Site.
To take advantage of Hotel Engine’s services provided on the Site, you must sign up to Hotel Engine with your email address. By signing up to Hotel Engine and creating your Member Account you agree to be bound by this Agreement. All Administrators and Users who are granted access to the Member Account hereby agree to be bound by this Agreement.
Membership commences upon clicking on “sign up” or similar button and/or by submitting your email address and confirming that you have access to the email account. Hotel Engine reserves the right, in its sole discretion, to reject any application to become a Member. Below are additional terms related to Member, Administrator, and User eligibility and requirements. You are fully responsible for all bookings that are made on your account. It is very important not to share your Member login information with any unauthorized Administrator or User or leave your account logged in and unmonitored. Any unauthorized sharing of Member login information with any unauthorized person may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties.
Only individuals who are 18 years and older and who can form legally binding contracts under applicable law may become a Member, Administrator, or User and provide to Hotel Engine any Personal Information (defined below). If you open a Member Account, or you are an Administrator, or a User, or provide to Hotel Engine any Personal Information, you represent and warrant that you are at least 18 years old and are legally able to form binding contracts. Hotel Engine may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
2. Username and Password
When you open a Member Account, you must provide a username and password. Keep your username and password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain your username and password confidential. You agree to immediately notify Hotel Engine of any unauthorized use of your username and/or password or any breach of security. You also agree that Hotel Engine cannot and will not be liable for any loss or damage arising from your failure to keep your username and/or password secure. You agree not to provide your username and password information in combination to any other party other than Hotel Engine, unless Hotel Engine provides prior written permission. Any unauthorized sharing of Member, User or Administrator login information with any unauthorized person may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties.
3. Member Account Information
You must keep your Member Account information up-to-date and accurate at all times, including a valid email address. Each Member is responsible for regularly checking their Member Account and must notify Hotel Engine of any omissions, incorrect entries or other discrepancies as soon as discovered, or if concerning a Confirmed Booking, within 48 hours of such applicable Confirmed Booking.
4. Member Account Transfer
Each Member may only have one Member Account. You may not transfer or sell your Member Account to another party without Hotel Engine’s prior written consent. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED TRANSFER OR SHARING OF YOUR MEMBER ACCOUNT OR OF ANY CONTENT OF THE SITE MAY CAUSE IRREPARABLE HARM TO HOTEL ENGINE. AS SUCH, HOTEL ENGINE RESERVES THE RIGHT TO HOLD ANY MEMBER, USER OR ADMINISTRATOR WHO TRANSFERS, SHARES OR OTHERWISE ALLOWS ACCESS TO A MEMBER ACCOUNT OR ANY CONTENT OF THE SITE (INCLUDING NAMES OF SUPPLIERS AND HOTEL PRICING) TO ANY UNAUTHORIZED USER, WITHOUT THE WRITTEN CONSENT OF HOTEL ENGINE, CIVILLY AND/OR CRIMINALLY RESPONSIBLE AND HOTEL ENGINE WILL PURSUE ALL REMEDIES AFFORDED AT LAW, INCLUDING, BUT NOT LIMITED TO INJUNCTIVE RELIEF AND MONETARY DAMAGES. Additionally, Hotel Engine may, without notice or delay, temporarily suspend a Member, User or Administrator, temporarily or indefinitely suspend a Member’s, User’s or Administrator’s account privileges, terminate a Member’s Member Account, deny access to the Site by Member or any of Member’s Administrators or Users, take technical and legal actions to keep a Member and its Users and Administrators off the Site, and refuse to provide services to a Member and its Users and Administrators.
5. Right to Refuse or Cancel Service
Hotel Engine’s services are not available to temporarily or indefinitely suspended Members or any Administrators or Users of such Members. Hotel Engine reserves the right, in Hotel Engine’s sole discretion, to cancel Member Accounts, terminate any Member, Administrator, and/or User from further participation in the Site if Personal Information (defined below) cannot be confirmed as being accurate. Hotel Engine reserves the right to refuse or cancel service to anyone, cancel Member, Administrator and/or User Accounts, terminate any Member from further participation in Hotel Engine.com for any reason and without notice, at any time, so long as such refusal does not violate any applicable law.
Refunds will occur only after the respective Hotel has refunded Hotel Engine. In the event the Supplier does not refund Hotel Engine, the Member or applicable User will not receive a refund. All refunds are subject to the Hotel Engine’s cancellation policy. All disputes regarding Hotel cancellations must be received within 48 hours of the cancellation. Any such dispute not receive within 48 hours of cancellation will be deemed to be accepted by Member or applicable User.
If the Hotel provides a partial refund, Hotel Engine will pass along to Member all refunds minus cancellation and termination fees associated with the change to the Hotel reservation.
VI. Email Communications
You acknowledge that Hotel rates displayed on the Site are a combination of the pre-negotiated room rate for rooms reserved on your behalf and the facilitation fee retained by Hotel Engine for its services. You authorize Hotel Engine to book reservations for the Total Cost of Booking.
Prepaid Confirmed Bookings are paid online at the time of the Confirmed Booking. You agree that your credit card will be charged for the Total Cost of Booking upon submitting your Confirmed Booking.
The tax recovery charge is assessed to recover the estimated taxes that Hotel Engine, you, and/or a third party pays to the Supplier in connection with your Confirmed Booking (e.g., sales and use, occupancy, room tax, excise tax, value added and other similar taxes). The balance of the additional amount is a fee that Hotel Engine charges in connection with the handling of Confirmed Bookings.
We do not collect and remit the taxes to the applicable tax authorities. The Supplier(s) bill all applicable taxes to Hotel Engine and/or a third party, and Hotel Engine and/or a third party remit such taxes directly to the Suppliers. Taxability and the appropriate tax rate vary greatly by location. The actual tax cost paid to the Suppliers may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Hotels by Members. Service fees retained by Hotel Engine for its services vary based on the amount and type of Confirmed Booking.
All Prepaid Confirmed Booking terms and conditions set forth above apply to all Direct Bill Confirmed Bookings, except that the Total Cost of Booking for each User will be charged to the Member Account.
Direct Bill Confirmed Bookings are billed bi-weekly or monthly to Member and must be paid by Member promptly upon receipt. Any Member Account which has a past due balance of 30 days will be considered delinquent. Delinquent accounts are subject to 18% late-fee penalties and Hotel Engine reserves the right to immediately suspend or terminate Direct Bill privileges by all Users of the delinquent Member. Hotel Engine may utilize automated Member account notifications to inform Members who permit Direct Bill for their Users of upcoming Member Account payments due or of delinquent or past due Member Account payments.
Members that elect to enroll in Direct Bill Booking consent to the choice of law and jurisdiction provisions contained within Sections XXI(A) and (C) of this Agreement.
2. Administrative Access
Each Member shall have one or more Administrators who have administrative access to such Member’s Member Account. Administrative access allows such Administrator(s) to add new Users, assign Users Direct Bill privileges, set up departments, supply or update a Corporate Travel Policy, view invoices and review travel report data. Member hereby acknowledges that all Users given administrative access to such Member’s Member Account (i.e., Administrators) will have authority to grant Direct Bill privileges to any Users.
3. Hotel Incidental Charges
Hotel Engine may, in its sole discretion, cover incidental costs charged by a Hotel relating to a Member’s Hotel stay. Such incidental charges may include, but are not limited to, in-room dining charges, damage charges, parking fees, in-room entertainment, and phone charges. In such an instance, you agree that Hotel Engine may charge the credit card used to charge the Confirmed Booking to cover the cost of such incidental charges. If the credit card used for the Confirmed Booking is no longer valid or the incidental charges are otherwise unable to be processed, Hotel Engine shall send you an invoice for such incidental charges which shall be due within thirty (30) days’ receipt. Additionally, a five-percent (5%) convenience fee may be added to the total of such incidental charges.
VII. Supplier Terms and Conditions
A Supplier may apply additional terms and conditions related to the Confirmed Booking(s) and other services provided by that Supplier (“Supplier Terms and Conditions”). You agree to abide by the Supplier Terms and Conditions imposed by the Supplier(s) with respect to your Confirmed Booking(s). Please review the Supplier Terms and Conditions associated with your Confirmed Booking(s).
VIII. Changes to and Cancellations of Confirmed Bookings
You may cancel or change your Confirmed Booking unless otherwise stated in the Supplier Terms and Conditions. Some cancellations, room-night reductions, or other changes to Confirmed Bookings may result in a service fee charged in (USD) per room, per night service fee. In addition, if you cancel or change your Confirmed Booking after the cancellation policy period applicable to the Hotel you reserved or after the applicable period provided in the Supplier Terms and Conditions, the Supplier(s) may charge you one-night’s room rate, tax recovery charges, service fees or greater penalties based on the Supplier Terms and Conditions. Refunds may or may not be made for no-shows or early checkouts. See the room rate cancellation policies and other terms provided in the Supplier Terms and Conditions for complete details. You agree to pay any cancellation or change fee that you incur and agree that Hotel Engine is not responsible for any additional cancellation or change fee charged to you by Supplier.
IX. Hotel Engine Travel Credits
There are multiple ways in which a Member may be eligible to earn Travel Credits on their Member Account, including but not limited to: (1) invitation of a new Member; (2) purchasing Hotel Engine’s Cancellation or Modification Coverage; or (3) in Hotel Engine’s discretion in the event of a cancellation. Use of the Travel Credits is governed by the terms of this Agreement.
Any Member who refers a new Member to Hotel Engine may be eligible to receive Travel Credits. In order to be eligible to receive Travel Credits, the new Member which you refer must complete the following: (1) create a new Member Account; (2) complete a Confirmed Booking; and (3) must not cancel or request a refund of the Confirmed Booking. In the event that a new Member referred by you does not complete these steps, you will not be eligible for Travel Credits. Once the foregoing steps are completed, the Travel Credits shall be automatically loaded to your Member Account.
2. Purchasing Hotel Engine’s Cancellation or Modification Coverage
Members may be able to purchase Cancellation or Modification Coverage for any Confirmed Booking in accordance with the terms of Section X of this Agreement. In the event that you purchase Cancellation or Modification Coverage and need to cancel a Confirmed Booking that is unable to be refunded in accordance with Sections V(F) and VIII of this Agreement, you will receive Travel Credits for such Confirmed Booking in an amount equal to the full purchase price of the Confirmed Booking, inclusive of taxes and fees paid by you. After the cancellation is processed, the Travel Credits shall be automatically loaded to your Member Account.
3. Other Cancellations or Issues
Members may also be eligible to receive Travel Credits in the sole discretion of Hotel Engine in the event of special circumstances surrounding a cancellation of a Confirmed Booking or other customer service issue. Nothing contained in this Agreement is meant to create an obligation of Hotel Engine to provide you with Travel Credits and the decision to provide Travel Credits rests solely with Hotel Engine. In the event that you receive Travel Credits pursuant to this Subsection C, such Travel Credits shall be automatically loaded to your Member Account.
4. Use of Travel Credits
Members who have Travel Credits on their Member Account may elect to apply them to any Confirmed Booking upon check-out. Any remaining balance owed by you after application of any Travel Credits, including applicable taxes and fees, shall remain your responsibility to pay upon check-out.
5. Expiration of Travel Credits
Any Travel Credits loaded to your Member Account shall reman valid for a period of one (1) year from the date which they appear on your Member Account. In the event that you fail to use the Travel Credits within this timeframe, they will be automatically removed from your Member Account. You agree that Hotel Engine is not obligated to provide any additional notice that the Travel Credits will be or have been removed from your Member Account. Further, you agree that Hotel Engine shall have no liability to you whatsoever relating to the expiration and removal of Travel Credits in accordance with this Subsection E.
X. Hotel Engine Cancellation or Modification Coverage
Each Member may have the option to purchase Cancellation or Modification Coverage when making a Confirmed Booking. Please note, certain Member Accounts may have configurations set up by the Administrator which does not allow for purchase of this Cancellation or Modification Coverage. Cancellation or Modification Coverage is meant to protect you from cancellation of Confirmed Bookings that fall outside of Hotel Engine’s cancellation policy found in Sections V(F) and VIII of this Agreement. In the event that you purchase Cancellation or Modification Coverage and you are unable to cancel the Confirmed Booking under the terms of Sections V(F) and VIII of this Agreement, you shall receive Travel Credits in an amount equal to the purchase price of the Confirmed Booking, inclusive of taxes and fees paid by you. These Travel Credits will be automatically loaded to your Member Account. Use of any Travel Credits is subject to the terms and conditions found in Section IX of this Agreement.
The cost of Cancellation or Modification Coverage applicable to your Confirmed Booking will be indicated upon check out. Once purchased, Cancellation or Modification Coverage is nonrefundable regardless of whether it is utilized by you. In the event that your Confirmed Booking is eligible for cancellation and a full refund in accordance with Sections V(F) and VIII of this Agreement, you will not be eligible to receive Travel Credits, nor shall you be eligible for a refund of the cost of the Cancellation or Modification Coverage.
XI. Prohibited and Infringing Items and Activities
You are solely responsible for your conduct and activities on the Site, as well as for the accuracy of your “Personal Information” that you submit to Hotel Engine. “Personal Information” is information that identifies you personally, either alone or in combination with other information available to Hotel Engine. Examples of Personal Information include your name, address, email address, and telephone number.
Your Personal Information and use of the Site shall not:
Furthermore, you may not use the Site (or consummate any transaction that was initiated using Hotel Engine’s service) in any manner that could cause Hotel Engine to violate any applicable law, statute, ordinance or regulation.
Any violation of this Section XI may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties.
XIII. Member Representations and Warranties
You agree to use the Site to make only legitimate Confirmed Bookings and shall not use the Site to make any speculative, false or fraudulent Confirmed Bookings or any Confirmed Bookings in anticipation of demand. You agree to be financially responsible for all uses of the Site as well as for the use of your name and any credit card account to pay for products and services purchased through the Site. You also warrant that all information supplied by you or anyone else in using the Site is true and accurate.
XIV. Access and Interference
The Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on and technology incorporated into the Site is updated on a real-time basis and is proprietary to or is licensed to Hotel Engine by Suppliers and third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, unless Hotel Engine provides prior written permission.
XV.Intellectual Property Contained in or on the Site and Use of Corporate Customer’s Trademarks
Unless otherwise indicated, the Site and the design, text, source code, booking engine technology, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site (the “Site Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Site Content and intellectual property rights therein are the property of either Hotel Engine, the Suppliers or third-party providers and are protected pursuant to applicable copyright, patent, trademark and other intellectual property laws.
You, as a Member, have a limited, personal, nontransferable, non-exclusive right to use the Site Content to view and otherwise to use the Site in accordance with this Agreement and for no other purpose, provided that you (i) do not modify or redistribute the Site Content; (ii) retain any and all copyright and other proprietary notices contained in the Site Content; (iii) do not copy or post the Site Content on any network computer or broadcast the Site Content in any media; and (iv) do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used on the Site. Any unauthorized use, reproduction or redistribution of the Site Content is expressly prohibited, and may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties. Hotel Engine reserves all other rights in and to its intellectual property.
“Hotel Engine,” “Hotel Engine.com” and any and all other trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Hotel Engine (the “Marks”). You are not authorized to display or use the Marks in any manner without Hotel Engine’s prior written permission.
Additionally, you are not authorized to use trademarks, company names, and/or service marks of other trademark owners, if any, featured on the Site without the prior written permission of such owners.
3. Use of Corporate Customer’s Trademarks
Unless otherwise expressly stated in any other agreement between a Corporate Customer and Hotel Engine, during the term of this Agreement, each Corporate Customer grants to Hotel Engine a non-exclusive, non-assignable, limited license to use such Corporate Customer’s name and logo (collectively, the “Corporate Customer Marks”) solely for the purpose of marketing that such Corporate Customer is a customer of Hotel Engine either on the Site or on other official publications or marketing materials of Hotel Engine. Any additional use of the Corporate Customer Mark’s by Hotel Engine shall require the prior written consent of such Corporate Customer. Hotel Engine shall not use the Corporate Customer Marks in a manner that is disparaging to such Corporate Customer or its products or services, or portrays such Corporate Customer in a false, competitively adverse or poor light. Hotel Engine’s use of the Corporate Customer Marks under this Agreement, and the goodwill associated with such use, inures to the benefit such Corporate Customer, and Hotel Engine shall not register or attempt to register, in any jurisdiction, any trademarks or designations confusingly similar or dilutive of the Corporate Customer Marks. Such license granted by such Corporate Customer to Hotel Engine to use the Corporate Customer Marks shall immediately terminate upon any termination of this Agreement.
XVI. Other Businesses
XVII. Travel Precautions
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s).
XVIII. Disclaimers of Warranties and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. UNLESS OTHERWISE PROVIDED HEREIN, HOTEL ENGINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN PARTICULAR, HOTEL ENGINE DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, OR USEFULNESS OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, AVAILABILITY, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. SPECIFICALLY, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ADDITIONAL CHARGES THAT A SUPPLIER MAY REQUIRE DUE TO THE INACCURACY OF PRICING PROVIDED ON THE SITE. IN ADDITION, HOTEL ENGINE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING CONFIRMED BOOKINGS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING CONFIRMED BOOKING AT THE CORRECT PRICE OR WE WILL CANCEL YOUR CONFIRMED BOOKING WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND HOTEL ENGINE DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. HOTEL ENGINE MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. HOTEL ENGINE AND/OR THE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE SITE AT ANY TIME.
HOTEL ENGINE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE BY A THIRD PARTY DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY HOTEL ENGINE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOTEL ENGINE DISCLAIMS ALL WARRANTIES AND CONDITIONS (1) THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM HOTEL ENGINE AND/OR THE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (2) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) THAT ANY DEFECTS WILL BE CORRECTED. HOTEL ENGINE DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, DELAY, MISDELIVERY, FAILURE TO UPDATE OR INCLUDE INFORMATION ON THE SITE, INABILITY TO USE ANY DATA OR INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE THE SITE FOR CONFIRMED BOOKINGS OR TO REDEEM REWARD POINTS), OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, REWARD POINTS OR OTHER DATA. HOTEL ENGINE HEREBY DISCLAIMS 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 SUPPLIERS AND OTHER THIRD PARTIES PROVIDING TRAVEL OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HOTEL ENGINE. HOTEL ENGINE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HOTEL ENGINE MAKES NO WARRANTIES, 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, AND HOTEL ENGINE HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAY, OR ACT OF ANY GOVERNMENT OR AUTHORITY.
IN ADDITION, HOTEL ENGINE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO HOTEL ENGINE.
HOTEL ENGINE ALSO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY AND INFORMATION (INCLUDING PERSONAL INFORMATION).
BY FACILITATING CONFIRMED BOOKINGS AT VARIOUS NATIONAL AND INTERNATIONAL DESTINATIONS, HOTEL ENGINE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK. HOTEL ENGINE IS NOT LIABLE FOR DAMAGES, INJURIES OF ANY KIND OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOTEL ENGINE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOTEL ENGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND FOR THE SERVICES AND PRODUCTS OFFERED ON THE SITE. YOUR ONLY REMEDY AGAINST HOTEL ENGINE FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS TO STOP USING THE SITE. THAT SAID, IF HOTEL ENGINE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, HOTEL ENGINE’S LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY TRANSACTION FEES AND/OR SERVICE CHARGES PAID BY CLAIMANT TO HOTEL ENGINE FOR THE SERVICES AND/OR DATA WITH RESPECT TO WHICH LIABILITY IS FOUND.
ALL LIMITATIONS OF DAMAGES SET FORTH IN YOUR CONFIRMED BOOKING(S) AND/OR IN THE SUPPLIER’S TERMS AND CONDITIONS RELATED TO YOUR CONFIRMED BOOKING(S) ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. FURTHER, SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AGAINST AND HOLD HARMLESS HOTEL ENGINE AND (AS APPLICABLE) HOTEL ENGINE’S PARENT, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS AND POLICIES IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; AND/OR (3) YOUR USE OF THE SITE.
You may terminate this Agreement, and consequently your Member Account for any or no reason, at any time, with written notice to Hotel Engine pursuant to Section XXII. This notice will be effective upon Hotel Engine processing your notice.
Hotel Engine may terminate this Agreement and your Member Account for any reason or no reason, at any time, with or without notice, so long as such termination does not violate any applicable law.
Termination under this Subsection A shall be effective immediately or as may be specified in the notice.
Without limiting any other remedies, Hotel Engine may, without notice, delay or immediately issue a warning to a Member, temporarily suspend a Member, temporarily or indefinitely suspend a Member’s account privileges, terminate a Member’s Member Account, prohibit access to the Site by Member or any of Member’s Administrators or Users, and take technical and legal steps to keep a Member and its Users off the Site and refuse to provide services to a Member and its Users if any of the following apply:
Membership will terminate automatically upon the death or dissolution of the Member.
XXI. Governing Law, Disputes and Attorneys’ Fees
This Agreement is made under, and shall be interpreted and enforced in accordance with, applicable federal laws and the laws of the State of Colorado, United States, without giving effect to those principles of conflict of laws which might otherwise require the application of the laws of another jurisdiction or country, including, without limitation, any treaty to which the United States may be a party.
Further, you and Hotel Engine agree to the jurisdiction of the District Court of the 2nd Judicial District Denver County, State of Colorado and/or the U.S. District Court of Colorado to resolve any dispute, claim or controversy that relates to or arises in connection with this Agreement (and any non-contractual disputes / claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section XXI(B).
2. Mediation and Arbitration
Except as provided in Sections XX (Termination) and XXI(D) (Injunctive Relief), in the event that there is a controversy, disagreement or dispute between you and Hotel Engine related to the formation, interpretation, performance, enforcement, breach or subject matter of this Agreement, the designated representatives of each of the parties hereto shall immediately confer and devote their efforts to resolving any such dispute reasonably, and in good faith. If the controversy, disagreement or dispute cannot be resolved informally, the matter shall be submitted for binding arbitration to a mutually selected impartial third-party arbitrator. Arbitration shall take place in Denver, Colorado, unless both parties mutually agree on another location. In the event you and Hotel Engine are unable to agree upon an arbitrator, the parties consent to the appointment of the same by the American Arbitration Association. Any award rendered in arbitration shall be in writing and shall be final and binding on you and Hotel Engine, and judgment may be entered thereon in any court of competent jurisdiction.
Any Member or User who disputes charges is required to pay for any and all court and legal fees associated with the resolution of the dispute. The minimum amount that shall be paid to Hotel Engine for any and all disputes that are escalated to court to recover court fees is $500.
If a Member or User disputes charges on a credit card the Member or User, as applicable may immediately lose membership to Hotel Engine and will not be allowed to rejoin or otherwise use the Site.
3. Past Due Invoices
Notwithstanding the foregoing, Hotel Engine shall have the right to institute an action for the collection of past due invoices in the District Court of the 2nd Judicial District Denver County, State of Colorado and/or the U.S. District Court of Colorado.
4. Injunctive Relief
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief.
5. Attorneys’ Fees and Costs
In any action brought to enforce any of the provisions of this Agreement or for injunctive relief, the party that receives a final judgment or award following the exhaustion of, or expiration of time for taking, all appeals, and which substantially prevails on the claims and defenses raised in the action, shall be entitled to recover its attorneys’ fees and costs incurred at arbitration, trial, a hearing, and in any appeal of such claims and defenses, including any fees and costs incurred prior to commencement of said proceedings. In the event each party prevails on some claims or defenses, you and Hotel Engine agree that the arbitrator or trial court shall determine which is the “prevailing” party on each claim or defense entitled to an attorneys’ fees and costs awarded hereunder and the resulting portion of the total attorneys’ fees and costs award, if any, each party is entitled to recover from the other.
Except as explicitly stated otherwise, any notices to Hotel Engine shall be given by certified mail, postage prepaid and return receipt requested to:
950 S. Cherry Street, Suite 1000
Denver, CO 80246
Additionally, Hotel Engine accepts service of process at the address provided in this section on Notices.
Alternatively, you may give Hotel Engine notice by email to the email address provided at the end of this Agreement. In such case, notice to Hotel Engine shall be deemed given 24 hours after the email is sent. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Hotel Engine may give you notice by email to the email address that you provide to Hotel Engine when you set up your Member Account, or to your most current email address contained in Hotel Engine’s records at the time of such notice. Notice to you shall be deemed given 24 hours after the email is sent, unless Hotel Engine is notified that the email address is invalid. Alternatively, Hotel Engine may give you notice by certified mail, postage prepaid and return receipt requested, to the mailing address provided to Hotel Engine when you set up your Member Account, or to your most current mailing address contained in Hotel Engine’s records at the time of such notice. In such case, notice shall be deemed given on the date of mailing.
XXIII. Entire Agreement
This Agreement, along with the policies referenced herein, constitute the entire agreement between you and Hotel Engine, and the provisions hereof shall supersede any and all prior agreements or understandings relating to the same subject matter.
XXIV. Waiver; Severability
Failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or any other term hereof. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
XXV. No Agency
The relationship between Hotel Engine, the Suppliers, and you will be that of a broker, rooms provider, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
The captions and headings used throughout this Agreement are for reference only, and do not expand, limit or in any way affect the meaning or interpretation of any provision hereof.
XXVII. Binding Effect
This Agreement shall be binding upon and benefit the parties hereto, their representatives and permitted assigns.
Questions Regarding This Agreement
If you have any questions or concerns regarding this Agreement, please contact Hotel Engine by telephone, email, fax or postal mail:
950 S. Cherry Street, Suite 1000
Denver, CO 80246 United States
Email: [email protected]