HotelsCheap.Org
TERMS OF SERVICE
Welcome to the HotelsCheap.org website (hereinafter “Website”) owned and operated by Hotel Hotline, LLC a New York limited liability company (hereinafter “HotelHotline”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. The products and services offered to you on the Website is conditioned upon your acceptance of all the terms, conditions, and the posted Privacy Policy set forth below (collectively referred to as "the Agreement"). You may not modify the Agreement or posted policies in any manner. As such, by accessing or using this Website in any manner, you agree to be bound by the Agreement. If you do not accept all of these terms and conditions and the rights posted in the privacy policy, please do not use this Website. Be sure to return to this page each time you use the Website to review the most current version of the Agreement. We reserve the right at any time, in our sole discretion, to change or modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
This Website is provided to you solely to assist you in making reservations with hotels and for no other purposes. The terms “we,” “us,” or “our” and “HotelHotline” refers to Hotel Hotline, LLC, a New York limited liability company. The term “you” or “your” refers to the consumer visiting the Website and/or booking a hotel reservation through our Website, as well as use of our customer service agents.
USE OF THE WEBSITE
As a condition of using the services on the Website, you represent and warrant that (i) you are at least 18 years of age; (ii) have the legal authority to enter into this binding legal obligation; (iii) you are authorized to make the hotel reservation or purchases for yourself or for another person and are authorized to use the credit or debit card provided to us; (iv) all information provided by you on the Website is true, accurate and complete; (v) you agree to payment of all amounts when due, including additional taxes and fees which may not be included in the quoted rate; and (vi) you agree to comply with all rules regarding the availability of rates, products or services including penalty fees arising from cancellation or failure to comply with said rules; (vii) you agree to pay all duties, taxes and related charges arising from your use of the Website and services provided herein; (viii) you agree to allow HotelHotline to charge the credit card or debit card upon processing the reservation.
You may only use the Website to make legitimate reservations and shall not use the Website for any other purposes including, without limitation, speculative, false or fraudulent reservations or any reservation in anticipation of use or demand for the same. You are prohibited from using the Website, including the text and graphics, without the express written permission of HotelHotline in any manner except for your personal, non-commercial use. You shall not use, authorize or permit any third party to use any "robot," "spider" or other automatic device, or program, or any manual process, to monitor or copy any of the Website, the data or content of the Website. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of the Website. You may not remit any data or content found on the Website to any other computer, server, or other medium for use in any commercial enterprise. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. Use of any data, image or content of the Website without our express permission violates laws and regulations applicable to our copyright, trademark and other intellectual property laws. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content using the Website nor any content that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Finally, you may not remit any information which infringes the rights of others or violates their privacy or publicity rights, or is protected by copyright, trademark or other proprietary right of another. You may not remit any code or content which contains a virus, bug or other harmful item. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Website.
We retain the right to deny access and services to anyone using the Website at any time for any reason.
PRIVACY AND USE OF PERSONAL INFORMATION
You are in complete control of the information you provide to the Website and/or its various third-party providers and distributors for your travel planning needs. The Website and/or its various third-party providers and distributors respect and will continue to respect the privacy of members who use the Website and will only use it in accordance with the posted Privacy Policy.
By using this site you are agreeing to the posted HotelHotline
Privacy Policy, the terms of which are incorporated herein as though fully set forth and further agree that the terms of the posted policy are reasonable. You further agree that HotelHotline may use your personal information to provide you the service and reservation you request and provide the same to its third-party providers, advertisers and distributors in accordance with the terms of the posted policy.
All information you provide to us is transmitted using SSL (Secure Socket Layer) encryption. SSL is a coding system that lets your browser automatically encrypt or scramble data before you send it to us. Upon entering our system, we protect the data by use of firewalls, limited password access and all other industry standard information protection systems.
LINKS TO THIRD-PARTY WEBSITES
Please be aware that the Website contains links to other websites that may collect personally identifiable information about you. These links are provided for your convenience and reference only. We do not control or own these websites nor do we endorse such websites. When you click on one of these links, you are entering another website for which HotelHotline has no responsibility. Furthermore, our Privacy Policy does not cover the information practices or policies of such websites. We urge you to read the privacy policies of all such sites, as their policies may be materially different from our Privacy Policy. HotelHotline is not responsible for the content of any other website and makes no representations or warranties regarding such websites or the contents or materials on such websites. If you access these websites, you do so at your own risk.
SERVICES AND FEES
HotelHotline negotiates the room rates with our suppliers to facilitate the booking of reservations on your behalf. Some reservation supply is negotiated by HotelHotline directly with a hotel or resort. In this instance we may charge a minimum service fee which is included in the tax and service fees on your invoice. You will receive a confirmation email and receipt from HotelHotline for these reservations. All further fulfillment and contact information which is located on the receipt is directed to HotelHotline and we will assist you with completing your reservation.
Other reservation supply is made by and through a third party, TravelNow. Your credit or debit card is collected by us and securely transferred to TravelNow to complete the transaction and you authorize this transfer of payment source information. If this reservation supply is utilized, you will receive a confirmation email from TravelNow who charges a minimum service fee which is included along with taxes and other surcharges in your invoice. To compensate us for our services for these reservations, you agree to pay us an additional service fee. Our fee will be charged separately and in addition to the tax and service fees which appear on the initial billing invoice from TravelNow. This additional service fee will appear on your credit card as coming from HotelHotline. However, all further fulfillment and contact information which is located on the receipt is directed to TravelNow who will assist you with completing your reservation.
As such, you authorize us to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, and service fees (“total reservation price”). Service fees from TravelNow and us will vary based on the amount and type of reservation. You agree that your credit card or debit card will be charged by either TravelNow or HotelHotline for the total reservation price. Upon submitting your reservation request, you authorize us to facilitate hotel reservations on your behalf, including making payment arrangements with our provider and supplier.
You acknowledge that we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the supplier in connection with your hotel reservations. The hotel supplier invoices us or our third-party provider for the tax amounts. The suppliers remit applicable taxes to the applicable taxing jurisdictions. We do not act as a co-vendor with the supplier with whom we reserve your room. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid to and by the suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, and other factors in effect at the time of the actual use of the hotel by you.
You may cancel or change your prepaid reservation, but you maybe charged the cancellation or change fee indicated in the rules and restrictions by the supplier. The requested change may not be available and you will be notified of unavailability by means of a pop-up box on the Website at the point of attempted change.
If you do not cancel or change your reservation before the cancellation policy period applicable to the supplier you reserved, which varies by supplier (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not appear for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within sixty (60) days after checkout.
You agree to pay any cancellation or change fees that you incur. Some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions from the supplier on the Website. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.
SUPPLIER RULES
Additional terms and conditions will apply to your reservation and the supplier that you select. Please read these additional terms and conditions carefully and you will find them in the link through for each room or supplier. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to use, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation; denial of access to the reservation; forfeiting any monies paid for such reservation; and/or in our debiting your account for any costs we incur as a result of such violation.
INTELLECTUAL PROPERTY RIGHTS
The Website and all parts therein, is the copyrighted property of HotelHotline and/or its various third-party providers and distributors. The content or data found on the Website site may not be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of HotelHotline and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on the Website (collectively, the "Trademarks") are registered and common law Trademarks. Nothing contained on the Website site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of HotelHotline or such other party that may own the Trademarks.
All text, graphics, source-code, and program development on the Website is owned by HotelHotline and/or its affiliates and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Website is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible allowable under the law.
The Website and the content provided on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HotelHotline. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
If you believe in good faith that material posted by us infringes upon your copyright or trademark, please notify us through our
DMCA Notice.
EXCLUSION OF WARRANTIES
HOTELHOTLINE, THEIR THIRD-PARTY PROVIDERS, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY SERVICES, RESERVATIONS OR MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. HOTELHOTLINE, THEIR THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR OTHER INFORMATION FOUND ON THE WEBSITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
HOTELHOTLINE, THEIR SUPPLIERS, ADVERTISERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOTELHOTLINE, AND ITS RESPECTIVE SUPPLIER, ADVERTISERS AND AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM HOTELHOTLINE, THEIR RESPECTIVE SUPPLIERS, ADVERTISERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOTELHOTLINE, ITS SUPPLIERS, ADVERTISERS AND AFFILAITES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
HOTELHOTLINE FURTHER DISCLAIMS ANY PROPERTY DESCRIPTIONS AND RELATED INFORMATION POSTED ON THE WEBSITE WHICH REPRESENTATIONS ARE MADE BY ITS SUPPLIERS. HOTELHOTLINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL, PRICING, PRODUCT INFORAMTION OR OTHER ERRORS. ADVERTISED PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Some states do not allow the disclaimer of implied warranties and as such this disclaimer is not applicable to consumers of those states.
LIABILITY DISCLAIMER
THE INFORMATION, AND SERVICES PUBLISHED ON THE WEBSITE MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING AVAILABILITY AND PRICING ERRORS. HOTELHOTLINE AND ITS DISTRIBUTORSS, SUPPLIERS AND AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE DESCRIPTION OF THE HOTEL, PRICING FOR RESERVED ACCOMODATIONS, AVAILABILITY OF RESERVED ACCOMODATIONS OR OTHER TRAVEL PRODUCTS DISPLAYED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES, AND THE LIKE. SUCH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, HOTELHOTLINE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE QUOTE. IN SUCH EVENT, IF AVAILABLE, HOTELHOTLINE WILL PROVIDE YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THE WEBSITE ARE GENERAL GUIDELINES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE. HOTELHOTLINE AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. HOTELHOTLINE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME.
THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL SERVICES ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HOTELHOTLINE. AS SUCH, HOTELHOTLINE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HOTELHOTLINE 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 SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOTELHOTLINE, ITS ADVERTISERS, SUPPLIERS OR AFFILIATES, 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 WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HOTELHOTLINE, ITS ADVERTISERS, SUPPLIERS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend and indemnify HotelHotline, any of their officers, directors, employees and agents and their suppliers, affiliates and advertisers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of this Agreement or the documents or policies it incorporates by reference, your violation of any law or the rights of a third party or your use of this Website. HotelHotline's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
GENERAL TERMS AND CONDITIONS
INDEPENDENT RELATIONSHIP. You agree that no joint venture, partnership, or employment relationship exists between you and HotelHotline as a result of this Agreement or use of the Website. The relationship between you and HotelHotline is as independent contractors, and neither of us nor 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.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of New York, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York, the State of New York, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
ATTORNEY'S FEES. If HotelHotline or its supplier, advertiser or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement will cause damage to HotelHotline which will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that HotelHotline shall be entitled, as a matter of right, to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
TERMINATION. HotelHotline may terminate this User Agreement or the provision of any of the services at any time for any reason. Such termination shall not affect any right to relief to which HotelHotline, its suppliers, providers, advertisers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to HotelHotline.
ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION. HotelHotline may at any time modify these terms and conditions and your continued use of this site will be conditioned upon acceptance of the modified the terms and conditions in force at the time of your use.
SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
ELECTRONIC SIGNATURE. You acknowledge and agree that by clicking on the button labeled “Agree” or such similar links as may be designated by HotelHotline to accept the Terms, You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and all terms contained therein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY HOTELHOTLINE. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.