Terms and Conditions of Use
Terms and Conditions of Use
Effective 1 August 2011.
Welcome to HotelClub! Please read these Terms and Conditions of Use carefully before using or obtaining any content, products, or services through our website.
- Scope and Terms
- Use of the Site
- Services and Content
- Links to Third Party Sites
- Intellectual Property
- Exclusion of Warranty
- Limitation of Liability
- Governing Law
- Contact Information
In this document, terms that commence with a capital letter are defined in the Terms or the preamble.
"Book" means to reserve.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Services.
"HotelClub" or "we" means HotelClub and its subsidiaries and affiliates.
"Mark" means trade mark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an individual who has registered with the Site.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"Provider" means HotelClub's licensors, suppliers, information providers, and travel and leisure service providers.
"Services" means the accommodation, and other items available through the Site.
"Site" means this website and any respective subwebsites, together with the respective Content, Marks, Services available from this Site and any subwebsites.
The terms "Site", "Marks", "Content" and "Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. The use of such third party sites, marks, content, products or services is subject to the terms set forth by their respective owners or operations.
2. SCOPE AND TERMS.
These Terms govern your use of all Content or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of HotelClub and its Providers.
Additional terms and conditions such as Best Price Guarantee, Booking Terms and Conditions, Membership Terms and Conditions apply and you agree to abide by such other terms and conditions at the time you utilise those services. There may be other terms from time to time, for example, trade promotion terms and conditions which you also agree to abide by at the time you enter the promotion.
Age restriction and responsibility
If you use this Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your Member ID or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
You must also comply with all reasonable directions issued by HotelClub in relation to the use of your Member ID and password in respect of the Site or the Services.
3. USE OF SITE.
HotelClub grants you a non-exclusive, personal, non-transferable, non-sublicenceable, revocable license to use this Site in accordance with these Terms. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No copy, distribution or sale
You may download, display, or print one (1) copy of any portion of the Content.
If you do so, you may not modify the Content in any way, and you must reproduce the HotelClub copyright notice (or the Provider's notice as applicable) in the form:
© 2001 - 2011 HotelClub - All Rights Reserved
as displayed on the relevant page(s) that you might copy and link back to the Site.
Except as provided above, you may not
- Copy, reproduce, upload, post, display, republish, distribute, transmit or communicate to the public any part of the Content in any form whatsoever;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
- Reverse engineer any part of this Site; or
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties
Unless otherwise provided within these Terms, or unless specific applicable law requires HotelClub to allow you to do so, you may not do any of the following without the prior written consent of HotelClub:
- Use any robot, spider, other automatic device, or manual process to monitor Content;
- Use the Site other than to make legitimate reservations or bookings;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Imply in any way that HotelClub is endorsing your products or services;
- Place false or misleading information on the Site,
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
- Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by HotelClub, other Site users or members;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment or on our network or any computer system used by HotelClub, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our Site, or take any action that impose an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Site.
HotelClub may in its sole discretion at any time and without advance notice or liability, terminate these Terms and/or the provision of any of the Services or restrict your access to all or any component of the Site at any time for any reason, including any improper use of this Site or your failure to comply with these Terms. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Such termination shall not affect any right to relief to which HotelClub and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to HotelClub and its third party providers or distributors, as applicable.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you and you should therefore periodically visit this page to review the then current Terms to which you are bound. However, we make no commitment to update the information contained on this Site. You agree that HotelClub shall not, to the extent permitted by law, be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. If you continue to use this Site after a variation to these Terms has been made, you will be deemed to have agreed to the new Terms and your use of this Site will be conditional upon the Terms in force at the time of your use.
5. SERVICES AND CONTENT.
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding such things as the service, amenities and location have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked Site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. If you have not received a confirmation of your booking via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our Customer Service Team. The Contact Information is provided below.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damage to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Credit Card Transactions
You are responsible for protecting against unauthorized use of your credit card and you agree to indemnify and keep HotelClub indemnified and its subsidiaries against any claims, demands or losses incurred by you as a result of unauthorised use of your credit card.
If You ("Cardholder") dispute any charge on Your credit/debit card related to any products or services booked through the Site, You agree to notify HotelClub within 10 days of the date of filing the dispute. You agree that HotelClub will have authority fully equal to that of HotelClub’s suppliers in collecting amounts owed for products or services booked through the Site from Your bank/credit card company or through courts/collection agencies.
6. LINKS TO THIRD PARTY SITES.
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our Site and entering another site. We are not responsible for the contents of any linked third party websites or any hyperlink contained in the linked third party websites. The inclusion of any link does not imply an endorsement of the linked third party site by HotelClub and its subsidiaries. Any link within this Site which takes you to a third party site is accessed entirely at your own risk.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
We welcome links from a third party site to our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by HotelClub; (b) you do not imply in any way that HotelClub is endorsing any of your products or services or is affiliated with you, (c) you do not present HotelClub in a false light, or provide misleading or false information about HotelClub, or its Site or Services, (d) you do not remove or obscure the copyright notices, or other notices on this Site; (e) you do not use any Mark of HotelClub; and (f) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion.
7. INTELLECTUAL PROPERTY.
This Site is the sole and exclusive property of HotelClub or its licensors. HotelClub and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorised use, reproduction or modification of this Site may violate such laws.
HOTELCLUB, RATESTOGO, ORBITZ, EBOOKERS and all other Marks that appear, are displayed, or used on the Site are registered or common law trade marks or service marks of HotelClub and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from HotelClub or the relevant Provider, except as an integral part of any authorised copy of the Content.
Your Comments and Submissions
Any communications or materials you transmit to HotelClub, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. You may only submit Communications or Materials on this Site in compliance with Section 3 of these Terms as well as the following conditions:
- You are not under the age of 18 years.
- By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you irrevocably grant HotelClub, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, communicate to the public, create derivative works from, distribute, do any act(s) which may otherwise constitute an infringement of your moral rights and display such Communications or Materials in any form, media or technology for an unlimited period of time.
- You represent and warrant to us that, to the best of your knowledge, any Communications or Materials that you submit is your own original work, created by you and that no other person has an interest or claim in the Communications or Materials.
- You must not submit any material that infringes the copyright, trade marks, rights of privacy, publicity or other intellectual property rights or other rights of any person or entity.
We assume no responsibility for any Communications or Materials posted or submitted, or for the return of such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually and we are not obliged in any way to adopt, post or answer your Communications or Materials. You acknowledge that HotelClub does not review or vet or exercise any direct supervision or control over the Communications or Materials that you or others post to this Site or link to it. We reserve the right to refuse access to any person or delete any material posted by any person for any reason without notice. We may, in our absolute discretion, terminate, suspend or restrict your access or use of part or all of this Site.
8. EXCLUSION OF WARRANTY.
Except where expressly stated and subject to the conditions below, HotelClub and any third party providers and distributors make no warranty of any kind regarding this Site and/or any materials provided on this Site, all of which are provided on an "as is" basis. HotelClub and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Site and such parties expressly disclaim all warranties and conditions of any kind. Neither HotelClub nor any third party providers or distributors warrant that this Site, its servers or any e-mail sent from HotelClub are free of viruses or other harmful components. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which would contravene any statute or cause any part of these Terms and Conditions to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, HotelClub excludes all conditions, warranties and terms implied by statute, general law or custom in relation to all services, information and other material provided or intended to be provided through this Site. Except for liability in relation to Non Excludable Guarantees, HotelClub (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise, for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the use of this Site.
9. LIMITATION OF LIABILITY.
HotelClub assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text or images from the Site. Other than liability for any Non-excludable Condition, HotelClub or any third party providers or distributors exclude all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way including, without limitation, to the following: (i) any use of this Site or content found herein, (ii) any technical difficulties, malfunction, failure or delay (including, but not limited to the use of or inability to use any component of this Site for reservations or ticketing), (iii) the performance or non performance by HotelClub or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party; and/or (iv) failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
If, notwithstanding the foregoing, HotelClub or any third party provider or distributor is liable to you arising from a breach of any condition other than a Non-excludable Condition, HotelClub and the third party providers and distributors limits their liability to you for that breach, at HotelClub’s option, to any one of supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. In its sole discretion, in addition to any other rights or remedies available to HotelClub and without any liability whatsoever, HotelClub at any time and without notice may terminate or restrict your access to any component of this Site.
You shall defend and indemnify HotelClub and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein in any action filed or commenced by any third party against HotelClub as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
11. GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the state of New South Wales, Australia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New South Wales, Australia, in all questions and controversies arising out of your use of this Site and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 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. These Terms, 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.
13. CONTACT INFORMATION.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by HotelClub, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.