Effective September 2010.
Welcome to HotelClub! Please read these Terms and Conditions of Use carefully
before using or obtaining any content, products, or services through our website.
Access to and use of this Site is subject to acceptance of the terms and conditions
below ("Terms"), which include our
Privacy Policy. By accessing, using or obtaining any content, products,
or services through this Site, you agree to be bound by the Terms. If you do not
accept all of these terms, then please do not use this Site. DEFINITIONStop SCOPE AND TERMStop USE OF THE SITEtop PRIVACYtop SERVICES AND CONTENTtop LINKS TO THIRD PARTY SITEStop INTELLECTUAL PROPERTYtop EXCLUSION OF WARRANTYtop LIMITATION OF LIABILITYtop INDEMNIFICATIONtop GOVERNING LAWtop GENERALtop CONTACT INFORMATIONtop
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.
Site
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
Additional terms and conditions such as Lowest Rates 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.
Licence
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 - 2010 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
Other Limitations
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:
Termination
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.
Modification
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.
Your use of the Site is subject to our Privacy Policy. You agree that you have read
our
Privacy Policy and that the terms of such policy are reasonable and acceptable
to you. Your acceptance of the Terms is also your consent to the information practices
in our Privacy Policy.
Availability
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.
Content
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.
Viruses
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.
Outbound Links
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.
Inbound Links
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.
Ownership Rights
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.
Trade marks
HOTELCLUB, RATESTOGO, ASIAHOTELS, 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:
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.
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. OTHER THAN THOSE WARRANTIES AND
CONDITIONS WHICH, ARE IMPLIED BY RELEVANT LEGISLATION INCLUDING THE TRADE PRACTICES
ACT 1974, THE EXCLUSION OF WHICH FROM AN AGREEMENT WOULD CONTRAVENE THAT STATUTE
OR CAUSE PART OR ALL OF THIS CLAUSE TO BE VOID (“NON-EXCLUDABLE CONDITION”), HotelClub
EXCLUDES ALL TERMS, CONDITIONS AND WARRANTIES IN RELATION TO ALL SERVICES, INFORMATION
AND OTHER MATERIAL PROVIDED OR INTENDED TO BE PROVIDED THROUGH THIS SITE,
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.
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.
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.
Email: customer_enquiries@hotelclub.com
· About Us · Privacy Policy · Terms Of Use · Feedback · 