Terms and Conditions

Terms and Conditions

AGREEMENT BETWEEN CUSTOMER AND TRIPVIZOR.COM

Welcome to the TripVizor.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "TripVizor" refer to TripVizor.com. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that

  • you are at least 18 years of age,
  • you possess the legal authority to create a binding legal obligation,
  • you will use this Website in accordance with this Agreement,
  • you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
  • all information supplied by you on this Website is true, accurate, current and complete, and
  • if you have an TripVizor.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in TripVizor.com cancelling any bookings associated with your name, email address, or account, and closing any associated TripVizor.com accounts. If you have conducted any fraudulent activity, TripVizor.com reserves the right to take any necessary legal action and you may be liable for monetary losses to TripVizor.com, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.

SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in TripVizor.com debiting your account for any costs TripVizor.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

GROUP BOOKINGS

You may not book more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book 9 or more rooms, you must contact TripVizor’s group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

PRIVACY POLICY

TripVizor.com believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of TripVizor.com, to understand our practices: Privacy Policy.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant TripVizor.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicesable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant TripVizor.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that TripVizor.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant TripVizor.com the right to pursue at law any person or entity that violates your or TripVizor.com's rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that TripVizor.com has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  • A clear identification of the copyrighted work you claim was infringed.
  • A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
  • Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  • A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to [email protected]

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

PREPAID HOTEL RESERVATIONS

You acknowledge that TripVizor.com 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 TripVizor.com and the facilitation fee retained by TripVizor.com to compensate us for our services. You authorize TripVizor.com to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on TripVizor.com’s services. You agree that your credit card will be charged by TripVizor.com for the total reservation price. Upon submitting your reservation request you authorize TripVizor.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, TripVizor.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that TripVizor.com pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice TripVizor.com for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. TripVizor.com 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 TripVizor.com 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 fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of hotel reservation.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

PAY NOW ONLINE OR PAY LATER AT HOTEL DETAILS

With certain hotels, you may be presented with the option to pay online immediately or to pay later at the hotel itself. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. If you select to pay later at the hotel itself, the hotel will charge you in the local currency of the relevant hotel at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. You shall provide the details of your payment card and the supplier or TripVizor.com will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). TripVizor.com reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).

Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

PRICES

The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite TripVizor.com’s best efforts, some of the travel services listed on the website may be incorrectly priced. TRIPVIZOR.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. TripVizor.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking

CHANGES OR CANCELLATIONS

You can change or cancel your lodging booking either online under your Reservations when signed into your TripVizor.com account.

You can change your guest name, bed type, smoking preference, special requests, accessibility options, room type, number of guests and travel dates at no charge to you by TripVizor.com. Lodging suppliers may impose other change and/or cancellation fees. Charges vary by reservation, so please review your confirmation email for details.

You agree to pay any supplier required 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. In the event that a hotel is unable to honour your booking, TripVizor.com will not be liable for any cost incurred due to relocation. If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with TripVizor.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with TripVizor.com the whole booking may be cancelled and refunds will only be due to you in line with the Rules and Restrictions of the particular hotel, as notified in the booking process. These terms and conditions may not be changed by any unauthorized person, including employees of TripVizor.com.

BEST PRICE GUARANTEE TERMS

Best Price Guarantee - If you find a lower rate on TripVizor.com or on another website by 23:59 (PST) the day before your stay, we will refund the difference to you. Package reservations are not eligible for this guarantee, and other terms and conditions apply, as per the below.

Submitting a Claim - You must contact the customer call center on or submit your request using the online Best Price Guarantee form by 23:59 (PST) the day before your stay. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives.

Comparison Must Be to Same Itinerary - The Best Price Guarantee is available only for exact itinerary matches, including property, room type, applicable cancellation policy, and dates of travel as booked through TripVizor.com. In addition, the comparison must be to the same property purchased stand-alone through another website – in other words, properties booked on another website as part of a package are not eligible for the guarantee. The guarantee applies to the cost of booked travel, as presented on your booking confirmation, including any taxes and fees collected by us from you at the time of booking. The guarantee does not apply to any taxes or fees collected by any third party from you, such as those taxes and fees a hotel may collect directly from you when you stay at the hotel. It is not available for reservations on websites where the property or other reservation details are unknown until after purchase. You must meet all requirements imposed on the lower price (if any), including, without limitation, residency, regional and age-related requirements.

Comparison must be available to the general public - The Best Price Guarantee applies only to prices both advertised and available to the general public. It also applies to our Secret Prices. The Best Price Guarantee does not apply to rates offered on competitors' membership program websites; corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received.

Claim Verification - All requests are subject to verification by TripVizor.com. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith.

Refunds for Verified Requests - Verified requests will receive a credit to the credit card used for the reservation. Where you have paid for your hotel at the time of booking, we will send your refund upon verification of your request. Where you have chosen to pay later at the hotel, you will pay the hotel the original price upon arrival and we will send your refund after you have completed your stay. Note, it may take up to 30 days or the next billing cycle for your refund to appear on your statement.

Changes - We reserve the right in our sole discretion to modify or discontinue the Best Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your claim will determine your eligibility under the guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TripVizor.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRIPVIZOR.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, TRIPVIZOR.COM, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TRIPVIZOR.COM COMPANIES") AND THE AFFILIATED, CO- BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "TRIPVIZOR.COM AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, TRIPVIZOR.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT ANY TRIPVIZOR.COM CHANGE OR CANCELLATION FEES.

HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE TRIPVIZOR.COM COMPANIES AND THE TRIPVIZOR.COM AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, 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 BY THE TRIPVIZOR.COM COMPANIES OR THE TRIPVIZOR.COM AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE TRIPVIZOR.COM COMPANIES, OR THE TRIPVIZOR.COM AFFILIATES. THE TRIPVIZOR.COM COMPANIES AND THE TRIPVIZOR.COM AFFILIATES ARE 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. THE TRIPVIZOR.COM COMPANIES AND THE TRIPVIZOR.COM AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS 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 THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS 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 THE TRIPVIZOR.COM COMPANIES, THE TRIPVIZOR.COM AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, the TripVizor.com Companies, the TripVizor.com Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the TripVizor.com Companies, the TripVizor.com Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TripVizor.com Companies, the TripVizor.com Affiliates, and/or their respective suppliers.

INDEMNIFICATION

You agree to defend and indemnify the TripVizor.com Companies, the TripVizor.com Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents 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 referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than TripVizor.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of TripVizor.com, TripVizor.com Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the TripVizor.com Companies, TripVizor.com Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the TripVizor.com Companies, the TripVizor.com Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

USER REVIEWS, COMMENTS, PHOTOS AND CONTENT

TripVizor.com may display reviews, comments, photos and other material in relation to hotels as well as other holiday and travel experiences ("Reviews"). TripVizor.com may also offer a facility allowing users of this website to post Reviews ("User Reviews"). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by TripVizor.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this website. You grant TripVizor.com and its subsidiaries and corporate affiliates (collectively, the "TripVizor.com Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "TripVizor.com Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that the TripVizor.com Companies may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such User Reviews may be shared with our supplier partners. You further grant the TripVizor.com Companies the right to pursue at law any person or entity that violates your or the TripVizor.com Companies' rights in the User Reviews by a breach of these Terms of Use. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by us, the TripVizor.com Affiliates or any of our partners or licensees.

Specifically, by using such a service, you represent and warrant that:

  • you own or otherwise control all of the rights to the User Reviews that you post;
  • as at the date of posting, the User Reviews submitted are accurate;
  • User Reviews that you supply do not breach any TripVizor.com terms and conditions of use, guidelines or policies (as applicable from time to time);
  • you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
  • you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
  • you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;
  • All photos submitted are subject to our photo submission guidelines

TripVizor.com claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

TripVizor.com does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, TripVizor.com does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time TripVizor.com may offer customers incentives to leave User Reviews (i.e. discount coupon, entry into prize draws etc.). It is important to us that User Reviews are impartial and honest; these incentives will be available to customers regardless of whether the User Review is positive or negative.

TripVizor.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where TripVizor.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.

If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: [email protected].

Note that TripVizor.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.

Photo Submission Guidelines

Any photos you submit must be:

  • On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
  • Community/family friendly –
    • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
    • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
    • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case a of a child under 13 years of age).
    • Children under 13 may not submit photos or other materials.
  • Original – You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
  • Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
  • No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of TripVizor.com and/or those using it.
  • File properties: No individual photo may exceed 5MB file size. Photos submitted must be either .jpg, .bmp, .gif or .png format.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  • A clear identification of the copyrighted work you claim was infringed.
  • A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material.
  • Your address, email address and telephone number.
  • A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to [email protected]

GENERAL

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the TripVizor.com Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal 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 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, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TripVizor.com with respect to this Website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Revised and Effective as of 25 February 2016