Booking Terms and General Terms of Use
Last Updated: [June 20, 2022]
Welcome to BookOnline. Below, we describe the terms and conditions for booking through our site, as well as the terms and conditions covering use of our site. References to the “terms” refer to collectively to the booking terms and the general terms of use.
When we use the term “site” throughout these terms, we are referring to www.bookonline.com and any affiliated sites and/or mobile applications, as well as all associated content, functionality, and services.
The site is owned and operated by Bookonline.com, LLC, who we refer to as “BookOnline” or the “site owner”. In addition, to provide you with services through the site, comprising acting as an agent to assist with and facilitate the fulfillment of reservations by you for accommodation and related services, BookOnline uses the services of and licenses a platform from a third party vendor, who we refer to in these terms as the “Vendor.” References in these terms to “we,” “us,” and “our” refer to BookOnline and/or the Vendor, as the context may require, and references to the “Accommodation Service Provider” are to the relevant third-party supplier of any accommodations you may book through the site. We accept no liability in relation to any contract you enter into or for any accommodation and related services or for the acts or omissions of any Accommodation Service Provider or other person(s) or party(ies) connected with any accommodation and/or related services. For all accommodation and related services your contract will be with the Accommodation Service Provider of the arrangements in question.
Acceptance of Terms
YOU SHOULD CAREFULLY READ ALL OF THESE TERMS. By accessing, browsing, or otherwise using our site, you are entering into a binding contract with us, and you are acknowledging that you have read, understood, and agree to be bound by these terms. If you do not want to agree to these terms, you should not access or use the site. By booking any stays, you are entering into a binding contract with the relevant Accommodation Service Provider. When making your booking we will arrange for you to enter into a contract with the applicable Accommodation Service Provider of the accommodation and related services, as specified on your confirmation invoice. As agent we accept no responsibility for the acts or omissions of the Accommodation Service Provider or for the accommodation and/or related services provided by them. Your booking with us is subject to these Agency Booking Terms and the specific terms and conditions of the relevant Accommodation Service Provider you contract with and you are advised to read both carefully prior to booking. The Accommodation Service Provider’s booking conditions may limit and/or exclude their liability to you. Your booking is confirmed and a contract between you and the Accommodation Service Provider will exist when we send you confirmation on their behalf.
In order to provide services to you through the site, it is critical for us to have an agreement in place with you that establishes your responsibilities, and your acknowledgement of that agreement. Therefore, you understand that as a condition to using the site for any reason, including to book accommodations, you represent, warrant, and agree on behalf of all persons detailed on the booking that : (a) you are at least 18 years old and have the capacity to enter into a contract, (b) you are using your actual identity, (c) you have provided only true, accurate, current, and complete information to us, (d) you will maintain and promptly update the information you provide to us to keep it true, accurate, current, and complete, (e) you consent to our use of personal data in accordance with our Privacy Policy and are authorized on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); (f) you accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking; (g) when making any booking, you are acting only for yourself or for another person (or entity) that has expressly authorized you to make such booking, and (h) you have read, understood, and agreed to these terms.
We may make changes to the site or these terms at any time. Any modifications will be effective when the changes are posted to the site. You can review the most current version of these terms at any time by accessing the site, and you can determine when the terms were last revised by referring to the “Last Updated” legend at the top. It is your responsibility to check these terms for updates. You understand and agree that your continued access to and/or use of the site after any posted modifications to these terms indicates your acceptance of the modifications, even if you did not take the time to read them.
AGENCY BOOKING TERMS
In addition to the General Site Terms posted below, the following terms apply to any reservations and stays you book through the site.
1. Our Role as Agent
BookOnline and our Vendor are providing the site to connect you with Accommodation Service Providers, including hotels and other accommodation providers, to facilitate your making reservations from the relevant Accommodation Service Provider. Our sole role is to facilitate booking services, and you understand that we are not a hotel or hospitality company, and you have not been led to believe that you are booking a room with a hotel directly by using the site. We do not in any way own, manage, operate, or control any Accommodation Service Provider and are not directly involved in providing accommodations and/or related services and amenities. As a result, we have no control over, and make no representations regarding, the quality, safety, legality, or sufficiency of the accommodations or other services offered, and/or the truth or accuracy of the listings on our site. We are not liable for any incidents occurring during your travel or your stay at any hotel. We do not control room location or assignment of the room(s). The Accommodation Service Providers are exclusively liable and responsibility for providing lodging and services to the people who have booked stays through the site, and for any incidents that may occur. The Accommodation Service Providers may have additional terms and conditions beyond those you see on the site. It is your responsibility when booking to review those terms and conditions.
2. Authorization of Charge; Fees and Taxes
You acknowledge that, by making a booking, you are requesting that we provide you with booking services, and authorize us to act as your agent in booking reservations on your behalf. You authorize us to book reservations for the prices charged by the respective hotel(s), plus any applicable fees and taxes (including our service fees). By submitting a reservation request through the site, you authorize us to process any and all reservations on your behalf, including making any payment arrangements.
Rates and fees may under some circumstances be non-refundable or have other restrictions set by the applicable Accommodation Service Provider, and there may be other fees imposed by Accommodation Service Provider, including limits on cancellation. You understand that if your reservation is nonrefundable or is not cancelled within the time required, the entire amount, including fees, taxes, and other charges, may be forfeited.
We charge fees for using the site, including for delivery, fulfillment, and customer service fees. These service fees may vary depending on the type of booking you make. We have the sole discretion to determine the amount of service fees, which – together with taxes – will be disclosed to you prior to your finalizing any booking on the site. Service fees are non-refundable, and we will retain them even if you change or cancel a booking or do not fulfill your obligations under these terms. In addition, we may retain a processing fee if you change or cancel reservations booked from our unpublished rates (for example, call center only specials or pre-negotiated promotions).
3. Quoted Pricing; Hotel Provider Terms
Prices quoted on the site are subject to change and correction at any time, but changes will not affect bookings that have already been accepted and confirmed. Bookings are not accepted and confirmed until all required payment has been made. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Special offers and discount pricing are only available at participating providers of those services pursuant to their terms, may be subject to certain requirements such as a minimum stay, restrictions on loyalty program qualifying stays, and may be subject to blackout dates or other restrictions. Prices shown on the site include applicable discounts and are based upon rates set by each hotel providing those services. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply. Fees and taxes for the room rate(s) will be listed, such as on the final pricing and on the confirmation email. However, the final rate quoted in the confirmation email does not include specific charges assessed by the hotel for miscellaneous expenses that you may incur, such as parking, room service, resort fees, city taxes, other taxes, internet use, or other miscellaneous charges. Posted rates are intended merely as guidelines and not as any form of guarantee of the final charges after your hotel stay. Because we only assist you in making reservations, we have no control or authority over the hotel providers’ rates, charges, or services, or over hotel providers’ maintenance, updates, renovations, quality, or deterioration of hotel rooms.
Your applicable Accommodation Service Provider may have additional terms and conditions, including regarding payments, availability, and liability waivers, which you must agree to abide by and should review carefully. The Accommodation Service Provider’s terms and conditions could also include health related requirements. Your failure to comply with the requirements may result in the forfeiture of monies paid. Violation of any such terms and conditions may result in cancellation of your reservation or purchase and/or denial of access to any hotel(s). You may forfeit any monies paid for such reservation(s) or purchase(s), including all fees; and you authorize us to debit your account for any costs we incur as a result of any such violation. You may be required to provide official state or authorized government issued ID upon check-in for any booking. In addition, you may be required to provide a credit or debit card upon request from the hotel for incidentals (such as room service, valet, additional hotel taxes, fees, internet, beverages, spa services, and other fees and incidentals). Your failure to produce such ID may result in forfeiture of the booking without any right to refund.
4. Your Liability in Regard to Assistance/Insurance
With respect to your intended travel, many Accommodation Service Providers require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out insurance including coverage for personal assistance services and payment of medical expenses, accident insurance, luggage insurance, cancellation insurance, and coverage of legal liability. It shall be your responsibility to check your insurance coverage and if necessary, take out insurance with your insurance broker or through an insurance agency that you connect with through the site
5. Cancellations and Changes
Each Accommodation Service Provider is different. When making a booking, you should review any cancellation or change policy and the relevant booking terms and conditions associated with your reservation, which will be enforceable and binding.
If you would like to change or cancel any existing reservation, such as by adding nights, changing your accommodation requests and preferences, cancelling all or part of your booking or otherwise, you should contact our customer service department. While we will try to assist if we are able to do so, we cannot guarantee that the Accommodation Service Provider will meet such requests. Cancellations and changes can only be accepted in accordance with the terms and conditions of the Accommodation Service Provider of your accommodation and related services. The Accommodation Service Provider may charge the cancellation or change charges shown in their booking conditions Any changes will be subject to availability.
In the case of hotels and room reservations, the typical provider usually requires notice of cancellation at least 24 to 72 hours prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the change or cancellation fee(s) as stated on your confirmation email or as indicated in the policy for the hotel. If you do not change or cancel your reservation before the period applicable to the hotel you reserved, you will be subject to a charge as outlined in the hotel’s policy, which may be equal to applicable nightly rates, tax recovery charges, and service fees. NOTE: Some hotels charge for the entire stay. There are no refunds for no-shows or early check-outs. Late check-outs will result in an additional fee being owed to the hotel provider. If you intend to arrive at your hotel after the first night of your reservation, you MUST contact us prior to the commencement of the applicable cancellation policy to prevent cancellation of your reservation and avoid applicable fees from the hotel provider. You agree to pay any change or cancellation fees that you incur. You also agree to abide by the terms imposed with respect to your prepaid travel reservations. As noted above, our service fees are non-refundable, even if you change or cancel a booking.
We are entitled to act on instructions received using your email address and itinerary number or credit card. No reservation made by us, of any type, may be assigned or transferred to any third party except as expressly permitted by us in writing. We reserve the right to cancel any and all bookings or other transactions you have made using the site after you have been prohibited from using it.
We shall have no liability in the event of, and has no responsibility for expenses caused by, any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, disease, government-mandated shut-down, travel restrictions, quarantine, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our direct control. In the event that a hotel provider is unable to honor your reservation, we will not be liable for any cost or loss incurred due to rebooking.
6. Chargebacks and Fraudulent Charges
If we receive a chargeback or dispute from a credit or debit card company or bank for any reservation, we reserve the right to cancel any existing and/or future reservation without notice, and retain any service fee. We also reserve the right to recover any fees passed on to us by the credit or debit card company or bank, plus any amounts accrued as a result of the chargeback. You should contact our customer service department directly to resolve any billing issues.
If your booking or account shows signs of fraud, abuse, or suspicious activity, we may cancel any bookings associated with your name, and, if applicable, suspend or terminate your account or access to the site. If you believe that we have made an error in cancelling your reservation or in suspending or terminating your account or access to the site, you should contact customer service.
We reserve the right to take any legal action we believe is reasonably necessary to address any fraudulent or suspicious activity, including the initiation of a chargeback, and you may be liable for monetary loss, including litigation costs and damages.
7. International Transactions
Some banks and credit or debit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a United States credit or debit card, your bank may convert the payment amount, both for the room and the membership fee charged by us, 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 the site. In addition, a foreign transaction fee may be assessed if the bank that issued your credit or debit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass on your payment to an international travel supplier. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Currencies fluctuate in value. All payments and refunds are currently processed in United States dollars and will reflect the exchange rate in effect on the date of the payment or refund. All refunds are subject to this variation, and we are not responsible for any difference in exchange rates between time of payment and the time of refund. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated in real time. You should check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but neither we, the Vendor, nor any other service providers warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use, and you are prohibited from the use of this information for commercial purposes. Some jurisdictions may have different requirements, so these provisions may not apply to you.
Although the site may be accessible worldwide, we make no representation that its content is appropriate or available for use in locations outside of the United States.
8. Travel Risks and Advisories and Ratings
Travel to certain destinations may involve greater risk than others. By displaying hotels in particular areas, we do not represent or warrant that travel to those destinations is advisable or risk-free, and we are not liable for damages or losses that result from travel to those destinations. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government and the Foreign and Commonwealth Development Office prior to booking travel to international destinations. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and that any other foreign entry requirements are met. Information on conditions in various countries and the level of risk associated with travel to particular destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov, and www.customs.gov.
All ratings are as provided by the relevant Accommodation Service Provider. These are intended to give a guide to the services and facilities you should expect from your accommodation and related services. Standards and ratings may vary between countries, as well as between Accommodation Service Providers. We cannot guarantee the accuracy of any ratings given.
GENERAL SITE TERMS
1. Privacy Policy and Other Policies
Please refer to or Privacy Policy for information about how we collect, use and disclose information about you. In addition to these terms, your use of the site is governed by our Privacy Policy and any other BookOnline policies posted from time to time, all of which are incorporated by reference into these terms.
2. Accounts
Depending on our site features, users of the site may have the ability to create an account to book reservations and to access other features of the site. If you create an account, you authorize us to act on any instructions received using your account information.
If you have an account, you agree not to disclose or share your login information to or with any third party. You also agree that you will be solely responsible for the maintenance and security of your login information, and that you will be solely responsible for any activities conducted on or through the site, including any bookings made, in connection with your login information, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account, your computer, or your mobile device.
3. Your Responsibility When Using the Site
You agree to use the site, and to share information from the site, only for its intended purpose, as described on the site and in these terms and any other applicable policy. Without limiting that general requirement, and in addition to your other obligations throughout these terms, you agree that you will not, directly or indirectly:
4. Interaction with Social Media; Links to Third Party Sites
We may from time to time include features on the site that allow you to share information from the site, or provide comments and feedback regarding the site. Any comments and feedback will be subject to these terms and to any other policies and guidelines we may publish from time to time regarding user content. In addition, these interactive features may link to, or require you to log into, one of your social media, networking, or social sharing accounts (such as Facebook, Instagram, Twitter, Google, etc.), or may otherwise access or use your social media or other account information. We are not in control of your social media account(s) or how the social media service provider uses your information, which is governed by the setting and privacy policies of the social media account service providers. It is your responsibility to review the terms of use and other policies posted on the social media sites.
The site may also include links to web pages, websites, and various resources or locations on the web provided by third parties, including travel review sites and sites operated by accommodations providers (collectively, including social media sites, “third party sites”). Links to third party sites are provided only for the convenience of our users. We do not operate, control, endorse or guarantee any third party sites, and neither these terms no any of our other policies apply to any third party sites. Instead, any use by you of any third party sites will be subject to the terms of use, privacy policy, and other policies that are posted on those third party sites. Again, you should review those third party site terms and policies.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
5. Community Tools and User Content
Certain sections of the site are free to access without registration. However, certain features are available only to registered users.
The site may from time to time enable users to submit and share photos, stories, experiences, opinions, and travel blogs, all of which constitute “user content”. You are solely responsible for user content you disclose, submit or offer to us. You are also responsible for all activities conducted by any person accessing the site on your behalf or, if applicable, utilizing your account, even if you are not the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer or mobile device.
Each time you submit any user content, you represent and warrant to us that you are the sole author and owner of all intellectual property and other rights in that user content, or you have the full legal right to submit it to us and grant us all rights to use it, without our needing to obtain any consent of any third party, and the user content does not and will not violate any of these terms.
If you submit any user content to the site, you understand and agree that we have the right, but not the obligation, to use that user content, or any part of it, in our discretion and for any purpose, including advertising and promotional activities and/or any other commercial purposes, without any right of compensation to you or any third party. Accordingly, when you submit any user content, you grant to us a non-exclusive, transferable, perpetual, royalty-free, worldwide right and license to copy, use, reproduce, distribute, display, publish, adapt, prepare derivative works of, and/or amend any of that user content in any format, in any media and manner, and for any purpose (whether commercial, promotional, or otherwise), including within and to promote our site, without obtaining any further consent from you. You understand that no user content disclosed, submitted or offered to us will be treated as confidential, and you agree that you will not provide any user content that includes any confidential or proprietary information.
All user content must comply with these terms and any other requirements we may implement from time to time. To that end, you will not, directly or indirectly post, upload to, transmit, distribute store, create or otherwise publish or send through the site any of the following:
While we reserve the right to monitor user content for compliance with these terms and our other policies, we cannot control all user content prior to its publication, and we assume no liability for any user content. We reserve the right at any time to withdraw any and all user that violates these terms, without notice and at our entire discretion.
6. Site Ownership and Intellectual Property
The site and our Vendor’s platform, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) is owned or licensed by BookOnline and/or our Vendor, and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the site.
You may use the site solely for your personal, non-commercial use in connection with accessing, evaluating, obtaining, and using our services. You are not granted any other right or license to use the site. Without limiting that general statement, you may not reproduce, represent, publish, distribute, transmit, display, modify, create derivative work from, extract data from, or use or exploit in any way, in whole or in part, any site content without our prior written permission.
You are permitted, and BookOnline grants you a limited, non-exclusive, non-transferable license, to use view, download, and print any content from the site solely for the permitted use of such content, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. Without limiting that statement, you may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site). No other rights or licenses whatsoever are granted to you or any other party except as expressly set forth herein.
“BookOnline” and all related names, logos, brands, product and service names, designs and slogans are trademarks of BookOnline or our licensors. You may not use or reproduce, in whole or in part, any of these marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using these names or any other colorable equivalent without our prior written permission. You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
Any violation of these restrictions and requirements may subject you to liability to the fullest extent provided under applicable law, including intellectual property law, for infringement and other legal action.
7. Copyright Complaints
BookOnline takes claims of copyright infringement seriously. Accordingly, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In the United States, the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (as amended from time to time, the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under US copyright law. If you are a US person, and you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, lease provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached at: [email protected].
There can be penalties for false claims under the DMCA, so we strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent.
8. Termination of Service
We are free at any time and for any reason to refuse, interrupt, or suspend access to, to modify, and to remove or take down all or part of the site, including for operational or maintenance reasons We reserve the right at any time to suspend cancel your account or other use of the site for any reason and with no liability to you, including if you fail to comply with these terms. If we do cancel your account, you will no longer have any access any of the information associated with your account or any content submitted through your account. However, termination of your account or access to the site will not relieve you from any outstanding obligations regarding any booking you may have in progress at the time your account or access is terminated.
We have the right, but not the obligation, to monitor the site (including any user content), at our discretion or at the request of third parties, in order to verify compliance with these terms and any other policies. However, we assume no responsibility or liability arising from any use of the site, and we are under no obligation to enforce these terms or any other policy on your behalf against any other user or other party.
9. Limitation of Liability
The Accommodation Service Providers available through the site are third party principals and are not our affiliates, agents, employees, or representatives. As an agent, we are not liable in any way for their acts, errors, omissions, representations, warranties, breaches, or violations.
WE WILL NOT BE LIABLE TO ANY USER, TRAVELER, OR THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED ON CONTRACT (INCLUDING UNDER ANY INDEMNITY), TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE – FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO USE OF THE SITE OR ANY CONTENT OR OTHER INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, INCLUDING (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, AND (B) ANY INABILITY TO USE, OR RELIANCE UPON, THE SITE, ANY CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, IN EACH CASE EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY CONTENT OR OTHER INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY YOU TO US TO ACCESS OR USE THE SITE, OR (II) $100.
CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. NOTHING IN THESE TERMS LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED, INCLUDING BUT NOT LIMITED TO LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; AND (B) FRAUD OR FRAUDULENT MISREPRESENTATION.
10. Disclaimer
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY ALL HOTEL, BOOKING, AND STAY INFORMATION AND ALL OTHER CONTENT, MATERIALS, AND INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, COMPREHENSIVENESS, AVAILABILITY, OR TIMELINESS OF SUCH INFORMATION AND MATERIALS, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE ON THEM.
THE SITE MAY CONTAIN INFORMATION ABOUT TRAVEL ARRANGEMENTS AND ACCOMMODATIONS THAT ARE NOT AVAILABLE AT ALL TIMES OR IN ALL AREAS. WE MAKE NO WARRANTY THAT YOU WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR A BOOKING, OR ANY OTHER REPSENTATION REGARDING THE AVAILABILITY OF ANY PRODUCTS OR SERVICES, OR THE QUALITY OF OR RESULTS OF ANY SERVICES. BY OFFERING TRAVEL TO OR WITHIN PARTICULAR DESTINATIONS, WE DO NOT WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE, AND WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO OR WITHIN SUCH DESTINATIONS.
THE SITE AND ALL CONTENT AND OTHER INFORMATION, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND INFORMATION, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.
11. Consent to Contact by Us
If you have any questions regarding these terms or any other policy, or regarding the site, you can contact us at [email protected].
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when using the “Contact Us” or any similar features of the site, creating an account, making a booking, or opting into our newsletter, you grant us permission to communicate with you by e-mail for any purposes, including for any matters relating to your booking, other disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will honor any request to opt out of marketing messages, but you may not optout of communications that are related to any booking you have made, and under no circumstances will we have any liability for sending you any e-mail. You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
12. Indemnification and Release
A. Indemnification for Use of the Site
You will defend, indemnify, and hold harmless, BookOnline, the Vendor, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, and partners from any claims or damages, including reasonable attorneys’ fees, arising out of (a) your access to, use of, or conduct in connection with our Site; (b) any user content you provide; (c) your violation of these terms, any other site policies, or any agreement between you and any Accommodation Service Provider booked through the site; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) any claims made by any third parties that participate in any arrangements or services purchased through site.
B. Your Liability in Regard to Your Communications
You acknowledge that you (and not BookOnline or the Vendor) are solely liable for any and all electronic information and content (including user content) you upload to the site, and acknowledge that neither BookOnline nor the Vendor shall incur any liability in this respect whatsoever.
D. Release of BookOnline and Vendor
You expressly release and forever discharge BookOnline, our Vendor, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, partners, and representatives (collectively, “released party”) 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 any dispute with any Accommodation Service Provider or any other damage, harm, bodily injury, death, or economic loss you may suffer in connection with any disputes, dealings, or interactions between you and any persons providing accommodations or other services to you, any other users of the site, or other third parties. The released party shall not be liable for indirect, special or consequential damages. You hereby expressly release released party from any and all liability, controversies, claims, suits, injuries, loss, harm or damages arising from or related to.
13. Arbitration and Dispute Resolution
You on the one hand and BookOnline and the Vendor on the other hand, each agree that any and all disputes, controversies, or claims arising out of or relating to: (a) these terms; (b) your use of, or access to, the site; or (c) BookOnline’s and/or our Vendor’s booking services; shall be resolved exclusively through final and binding arbitration in Chicago, Illinois, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
Prior to commencing any arbitration related to these terms, you agree that if you have a dispute with BookOnline or the Vendor, you must first contact our Customer Service Department at [email protected]. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify us in writing about your claim by sending the accompanying form by certified mail to: BookOnline.com, LLC 728 West Avenue Unit#2055 Cocoa, FL 32927. It is important that you provide as much information as possible. If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association ("AAA"). You further agree that exclusive jurisdiction for any such arbitration shall be Chicago, Illinois. The Demand for Arbitration and the AAA's rules are available at www.adr.org.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these terms, including, but not limited to, any claim that all or any part of these terms, including this agreement to arbitrate is void or voidable. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within thirty (30) days of the date that you first access this site. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with BookOnline or our Vendor through arbitration. Written notification should be mailed by certified mail to: BookOnline.com, LLC 728 West Avenue Unit#2055 Cocoa, FL 32927.
YOU ON THE ONE HAND AND BOOKONLINE AND/OR THE VENDOR ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND BOOKONLINE AND/OR THE VENDOR (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES' AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU, BOOKONLINE, AND THE VENDOR COLLECTIVELY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this agreement to arbitrate as set forth in these Terms. If the value of the relief sought is $10,000 or less, at your request, BookOnline and/or the Vendor (whichever is the subject of the arbitration) will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by BookOnline and/or the Vendor should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to BookOnline and/or the Vendor, as the case may be, for all fees associated with the arbitration paid by BookOnline and/or the Vendor.
14. Injunctive Relief
If you breach or threaten breach of these terms or any other site policies, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of any other provision of these terms relating to governing law, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
15. General Provisions
If any provision contained in these terms is declared, in whole or in part, invalid or inapplicable under applicable law, (a) the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, and (b) all other terms of these terms will be unaffected and will remain in force and effect.
We shall not be deemed in default or otherwise liable under these terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, (including, without limitation, any ongoing effects of Covid-19) disease, government-mandated shut-down, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our direct control.