This agreement (the "Agreement"), is made between Advanced Reservations Systems, Inc., a California corporation ("ARES", "us", "our", and you, the person accessing our website ("Website") or the online booking engine ("Booking Engine"), contained on this Website ("you," "your"). By using our Website or Booking Engine contained on this Website, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Website or Booking Engine. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website or Booking Engine.
The Booking Engine is owned and operated by Advanced Reservations Systems, Inc., a California corporation. All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our Booking Engine or related Website ("Content"), are our property or the property of our licensors. You do not, by using our Website or Booking Engine, acquire any ownership or other rights to any Content or other materials contained on or accessible through our Website or Booking Engine.
Limited Right of Use
Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from our Website and Booking Engine solely for your personal and noncommercial use, solely for purposes of enabling you to purchase products or services offered through our Website or Booking Engine. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website or Booking Engine.
Copyright and Trademark Notices
The Content and other matters related to our Website or Booking Engine are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website or Booking Engine, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website or Booking Engine does not constitute a waiver of any such rights. Advanced Reservations Systems, Inc., Advanced Reservations Systems, ARES, ARESTRAVEL.com, ARESDIRECT.com and certain other trade names are either trademarks or service marks or registered trademarks or service marks of Advanced Reservations Systems, Inc. Other product and company names contained on the Website or Booking Engine may be trademarks or service marks of their respective owners. Advanced Reservations Systems, Inc. reserves all right, title and interest in and to its copyright and trademark rights.
If you believe that your information has been used on the Website or in connection with the Booking Engine, in a manner that constitutes copyright infringement, please provide ARES' Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
Company's Copyright Agent for notice of claims of copyright infringement on this website is: Advanced Reservation Systems, Inc, Attention: DMCA Agent, 2445 Truxtun Road Suite 205 San Diego, CA 92106
Your right to use our Website or Booking Engine is not transferable.
Taxes and Fees on Prepaid Hotel Reservations
You acknowledge that Advanced Reservation Systems, Inc pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Advanced Reservation Systems, Inc and the facilitation fee retained by Advanced Reservation Systems, Inc to compensate us for our services. You authorize Advanced Reservation Systems, Inc to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, and service fees. You agree that Advanced Reservation Systems, Inc will charge your credit card for the total reservation price. Upon submitting your reservation request you authorize Advanced Reservation Systems, Inc to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that Advanced Reservation Systems, Inc does 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 Advanced Reservation Systems, Inc pays to the hotel supplier in connection with your hotel reservations. The hotel suppliers invoice Advanced Reservation Systems, Inc for tax amounts. The Hotel suppliers remit applicable taxes to the applicable taxing jurisdictions. Advanced Reservation Systems, Inc does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Advanced Reservation Systems, Inc to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (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 show 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 Advanced Reservation Systems, Inc or its subsidiary, as appropriate, 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 60 days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
Liability disclaimer and limits
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE AND/OR IN THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE, AND ANY OF OUR AFFILIATES MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON OUR WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH OUR WEBSITE OR THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. OUR WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US AND OUR AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR OR OUR AFFILIATES' AGENTS. NEITHER WE NOR OUR AFFILIATES ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO OUR WEBSITE OR BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR AFFILIATES WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR AFFILIATES' CONTROL, AND FURTHER THAT NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE OR BOOKING ENGINE OR THE DELAY OR INABILITY TO USE OUR WEBSITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Unlawful or Prohibited Use
As a condition of your use of our Website and/or Booking Engine, you agree that you will not use our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website and Booking Engine in accordance with the terms and conditions of this User Agreement. You may only use our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand. You may not i) deep-link to any portion of this Website or Booking Engine for any purpose without express written permission of ARES, or ii) take any action that imposes an unreasonable or disproportionately large load on the Booking Engine.
Use of Information
Some of the Content that refers to city attractions, things to do, hotel accommodations, restaurants and other services is the property of, and is supplied by, third party suppliers that are not under our control. Although we make every effort to use only reputable third party suppliers, we do not independently verify, and do not guarantee, the accuracy of the information that we receive from such third parties. All information, prices and availability are subject to change without notice.
Links to Other Websites
You agree to indemnify, defend and hold us and our affiliates, and any of our or our affiliates' officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of our Website or Booking Engine.
No contract will exist as between you and us (or any of our affiliates) for the sale of any product or service unless and until we accept your reservation by email confirming your reservation or purchase and issue you a unique confirmation code. Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that we send the email to you whether or not you receive the email.
Travel Precautions Disclosure
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, Georgia U.S.A. concerning any required or suggested medical treatments and precautions to your selected destination(s). We shall not be responsible for any injuries, damages, or losses caused to you in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside our control. You assume complete and full responsibility for, and hereby releases the us from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of any destination referenced on the Website, and all safety and security conditions of such destinations, during the length of the proposed travel.
This User Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to any conflict of law principles. You irrevocably and unconditionally agree that any legal proceeding arising out of or relating to this User Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. If there is any dispute between you and Advanced Reservations Systems, Inc., either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration. In the event arbitration is chosen, venue for the arbitration proceeding shall be in San Diego, California and administered by JAMS, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement. Use of our Website or Booking Engine is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between us and you, and supercedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Booking Engine, the Content or any products or services provided by or through our Website or Booking Engine, and the subject matter of this User Agreement. You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website or Booking Engine. Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website and/or Booking Engine.