Priceline.com Terms & Conditions IntroductionPriceline.comsm is owned and operated by priceline.com Incorporated ("priceline.com"). This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of priceline.com. Before submitting an account registration form and/or using any of these services, please read all of this Agreement carefully. By accessing any areas of this Site ("Site"), users ("Users" or "you") agree to be legally bound and to abide by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. Priceline.com reserves the right, in its sole discretion, to amend this Agreement at any time by posting the amended terms on this site. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties. Priceline.com incorporates herein, by reference, its Privacy Policy. Part I of these Terms and Conditions applies to all
products and services available through the priceline.com
Site. Part II of these Terms and Conditions apply specifically
to Hotel Rooms Services.
Travel Service Disclosures
For California Residents:
Priceline.com Incorporated is a seller of travel in the
State of California (CST 2040530-50). Registration as a Seller
of Travel does not constitute approval by the State of
California.
Priceline.com Incorporated is not a participant in the
California Travel Consumer Restitution Fund.
California law requires certain sellers of travel to
have a trust account or bond. Priceline.com Incorporated has a
bond issued by Travelers Casualty & Surety Company of
America in the amount of $10,000.
For Florida Residents:
For Washington Residents: For Oregon Residents: Copyright Notice You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of priceline.com and/or various third party providers ("Providers"). Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Trademark Notice "PRICELINE.COM" and "PRICELINE" are service marks of priceline.com Incorporated. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site. Acceptable Use
This Site is intended for personal, noncommercial use. You may only use this Site to make legitimate requests to purchase the products or services offered (each, a " Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. No Warranties Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request, (ii) that a User will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time to and beyond the year 2000. You expressly agree that the use of this Site is at your sole risk. General Limitation of Liability
IN NO EVENT SHALL PRICELINE.COM, INCLUDING ITS RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES,
OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE
FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD,
ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED
IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN
ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY
OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE,
EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables. If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by priceline.com for making a Request.Some states, to the extent their law might be deemed to apply notwithstanding the selection of Delaware law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you. Third Parties If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto.Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above. User is directly responsible for any Request submitted including related fees, charges and performance obligations. The name you reserve your room under must be the person who will be checking into the hotel. The reservation holder will be required to present picture identification and credit card in order to check-in. User Comments, Feedback and Other Submissions All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of priceline.com and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make. Confirmation of Requests While priceline.com will use its best efforts to respond within the time periods indicated on this Site, no guarantee is made that you will receive an e-mail regarding the status of your Request within the stated processing time. Links to other Websites and Services To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. Termination of Usage User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason. Credit Card Submissions All Requests must be submitted with a major credit card unless otherwise expressly stated. Miscellaneous The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect e-mail address provided by you or other technical problems beyond their control. These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. The internal laws of the State of Delaware shall govern the performance of these Terms and Conditions.
PART II Limitation of Liability The priceline Parties are acting as agents for hotels (collectively, "Hotel Suppliers") in selling Hotel Services, or in accepting reservations or bookings for such services to be provided to you. The priceline Parties do not assume liability for any injury, damage, death, loss, accident or delay due to any act or default of a Hotel Supplier, or by an act of God. Further, no responsibility is accepted for any damage and/or delay due to hotel cancellations, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or causes beyond the priceline Parties' control. No responsibility is accepted for any additional expense, omissions, delays or acts of any governmental authority. Hotel Service Restrictions Hotel Services available through this Site are subject to the following restrictions: a. All hotel reservations are non-cancelable, non-refundable,
non-changeable and non-transferable; The priceline Parties or the applicable hotel may, on an exception basis and at the request of the hotel guest, waive one or more of the restrictions after the hotel room has been reserved. The priceline Parties may, in their discretion, impose additional obligations and/or fees in connection with any such waiver. No User waiver requests will be accepted or considered prior to or as part of a priceline Request. Payment and Security User agrees that if a hotel room satisfying your priceline request is located, priceline.com will confirm the reservation and charge the entire amount of the stay, including the relevant taxes and service fees disclosed to the user before submitting an offer, to your credit card. Taxes and service fees are not included in the price you name but will be calculated and added to your credit card charges after priceline.com finds an available hotel room at your price. Depending on the city you select, a local tax or "hotel occupancy tax" may apply. Theses taxes will be added by your hotel and will be payable at check out. When you check in, a credit card will be required to secure any additional local hotel occupancy taxes and incidental charges (phone calls, room service, movie rentals, etc.) that you may incur during your stay. Prepaid Reservations and Late Arrival All hotel reservations are prepaid and guaranteed for late arrival on the first night of your stay. If you are planning to check in late, it is a good idea to call the hotel to let them know. Hotel Accommodations and Special Requests All hotel reservations are guaranteed for double occupancy (one double bed or two twin beds). Priceline requests that our hotel partners provide non-smoking rooms. However room assignments are based on hotel availability and are at the hotel’s discretion. Priceline cannot guarantee a non-smoking room, nor can we guarantee you will have one bed or two. If you have special requests (such as smoking room, pet accommodations, type of bedding, connecting rooms, view, floor location, etc.), you must call the hotel and verify that special requests can be met after your reservation is confirmed. Priceline makes no guarantee that special requests will be met. A hotel reservation cannot be refunded, canceled or modified on the basis that the special requests of a guests were not (or could not be) met by the hotel. Similarly, if you are handicapped and have special needs (e.g., wheelchair accessible room) you must call the hotel and verify that special needs can be met after your reservation is confirmed. Your hotel reservation will be refunded, canceled or modified if special handicapped needs cannot be met. Hotel Star Ratings Priceline.com will book your reservation in a property with an equal or higher star level than you requested. Reservations are based on rates and availability and are not able to be changed or cancelled. Hotel Rates Average room rates in city are calculated from information provided by Smith Travel Research and from actual rates obtained from participating hotels. The price ranges represent the average published room rate for each star category. Although priceline.com routinely reviews this data, it makes no guarantee or warranty, either express or implied, with respect to the data accuracy or completeness of the data used or provided. Further, Priceline.com makes no guarantee or warranty that a room will be available below or within the stated average price range. The ranges are provided to Users solely for information purposes and are not actual rates. All hotel pricing information available on this site is subject to change without notice. Map Images You acknowledge that the copyright in the map images belongs to Desktop Mapping Technologies Inc. ("DMTI") and its third party supplier(s). Use or copying of the map images for commercial purposes is expressly forbidden and you may be held legally responsible for copyright infringement, which is caused or encouraged by your failure to abide by the terms of the Agreement. The map images are produced by DMTI using Digital Topographic data produced under license from Her Majesty the Queen in Right of Canada with permission from Natural Resources Canada. In no event shall DMTI or its third party supplier(s) be liable to you or your organization for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of, or inability to use the map images, even if DMTI, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party. You shall indemnify and hold DMTI, it's third party supplier(s) and their officers, employees and agents, harmless from and against any claim, demand or action, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your use, possession, modification, or alteration of the map images. THE MAP IMAGES AND ASSOCIATED WRITTEN MATERIALS IN CONNECTION THEREWITH ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MAP IMAGES IS WITH YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR IT'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI'S LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. Priceline Fee The service fees to cover the costs incurred by priceline.com to fulfill a request for Hotel Services are added to the User's priceline request for a hotel room.
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