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
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.
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 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.
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
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:
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.
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.
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.
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, 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:
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.
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.
SCOPE AND TERMStop
USE OF THE SITEtop
SERVICES AND CONTENTtop
LINKS TO THIRD PARTY SITEStop
EXCLUSION OF WARRANTYtop
LIMITATION OF LIABILITYtop