Terms and Conditions

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Skiplagged's web site or apps for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Skiplagged's web site or apps;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Skiplagged at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Skiplagged's web site and apps are provided "as is". Skiplagged makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Skiplagged does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site or app.

4. Limitations

In no event shall Skiplagged or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Skiplagged's Internet site or apps, even if Skiplagged or a Skiplagged authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Skiplagged's web site and apps could include technical, typographical, or photographic errors. Skiplagged does not warrant that any of the materials on its web site are accurate, complete, or current. Skiplagged may make changes to the materials contained on its web site or apps at any time without notice. Skiplagged does not, however, make any commitment to update the materials.

6. Links

Skiplagged has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Skiplagged of the site. Use of any such linked web site is at the user's own risk. Skiplagged does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on any sites linked to this site or app.

7. Travel Documents

Users are responsible for ensuring that they have all necessary travel documents to enter their ticketed final destination. This includes, but is not limited to, Passport and Visa. Destination entry requirements vary by Country and the citizenship held by the user. Skiplagged has no special knowledge with regard to entry requirements and therefore makes no guarantees of entry with purchases made on its web site or apps.

8. Fees

If you are making a purchase from outside your local country, your bank may convert your payment amount to your local currency and charge you a conversion fee. Rates are determined by your bank, not Skiplagged. In such cases, the amount shown on your billing statement may be different from the amount shown on Skiplagged’s web site or apps at the time of purchase. They may also charge you a foreign transaction fee depending on the type of card you use and how they choose to classify the transaction. With some cards, booking an international trip is considered an international purchase. We urge users to check with their banks prior to making an international purchase. For purchases made on Skiplagged’s web site, there may be a fee charged. The full amount of this fee will be disclosed to user prior to making their payment.

9. Site Terms of Use Modifications

Skiplagged may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Indemnity

You agree to indemnify, hold harmless and defend Skiplagged and Skiplagged's affiliates, subsidiaries, officers, directors, employees, agents and licensors at your expense, against any and all third party claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Skiplagged arising out of or relating to (a) breach of any term of this Agreement or (b) violation of any law, rule or regulation or the rights of any third party or (c) your use of or access to Skiplagged's website, app or intellectual property.

11. Governing Law

Any claim relating to Skiplagged's web site or app shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Last updated March 19, 2019

Welcome to the Skiplagged Privacy Policy (“Privacy Policy”). We take the security of your information seriously, and work hard to maintain secure websites and services for your use. Skiplagged, Inc., together with its affiliates (collectively, “Skiplagged”, “we,” or “us”), provides services and tools that enable users to research, find, and book flights, hotels and related travel services. This Privacy Policy is intended to better help you understand our practices regarding information collected, including through (i) our websites including but not limited to skiplagged.com, our mobile sites and our other affiliated websites (collectively, “Websites”), (ii) our products and services, and (iii) any other digital properties that we own or control (collectively, the “Skiplagged Services” or “Services”) whether you are a customer that uses Skiplagged Services, a prospective customer, an end user of our customers’ services that utilize our solutions, a prospective employee or whether you are simply visiting our Websites. This Privacy Policy describes how Skiplagged collects, processes, shares and retains the personal information (or in the EU/Switzerland: “personal data”) you provide to us.

When you interact with the Skiplagged Services, you consent to such collection, processing, sharing and retaining of information (including personal information/personal data) as described in this Privacy Policy and all additional terms and conditions governing your use of the Services. You are also responsible for ensuring that the other people that you are acting on behalf of (such as those included with you on a booking), are aware of the content of this Privacy Policy and that you have checked with them that they agree to their personal data being given to us to make a booking or other purchase on their behalf. If you do not consent to the terms of this Privacy Policy and the additional terms and conditions, do not continue to interact with or use the Skiplagged Services.

European Privacy Policy: Please also see our European Privacy Policy for further information on your rights under applicable European privacy law.

Quick Links
  1. Information We May Collect
  2. Use of Information
  3. Sharing of Information
  4. Cookies and Similar Technologies
  5. Data Retention
  6. Choices and Opt-Out
  7. Cross-Device Tracking
  8. Employment Opportunities
  9. Third Party Sites
  10. Security
  11. Children
  12. International Data Transfers
  13. California Privacy Rights
  14. Questions, Complaints, and Disputes
  15. Privacy Policy Updates

Due to the global nature of the Skiplagged Services, our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements.

Personal Data may be transferred outside of Europe, provided that certain conditions as set out in the applicable legislation are complied with. Your Personal Data will also be processed by personnel operating outside Europe who work for us. This includes personnel engaged in, among other things, the fulfilment of your order and the provision of support services. We are party to data transfer agreements with each of our service providers and the members of our group and we will (i) keep each document up to date with current law, and (ii) only engage in personally identifiable information transfers from Europe to outside Europe in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including use of the European Union Standard Contractual Clauses or Binding Corporate Rules.

1. INFORMATION WE MAY COLLECT

We only collect personal information for the purposes of conducting our business, including in relation to the providing the Skiplagged Services. We collect, process, share, and retain information from you and any devices you may use when you access our Websites, use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or otherwise correspond with us. The specific information we collect depends upon your use of the Services and Websites, and is described below:

The type of personal information we collect depends on your relationship with us – whether you are a customer, prospective customer, an end user of our customers’ services that utilize our solutions, a prospective employee or whether you are simply visiting our Websites. Examples of the types of information we collect are:

  • Your first and last names and contact details, including, email
  • Payment or financial information for billing purposes (credit card details)
  • Personal preferences regarding hotel and flight bookings
  • Your testimonials, feedback and complaints
  • Any data in any files uploaded, emailed or otherwise provided by customers for support and QA
  • Operating system type and version, web server type and version, database type and version
  • IP address information derived from an IP address, such as geographic location
  • Referring domain, destination domain and destination path
  • Communication preferences
  • If you are an employee or prospective employee
    • Your tax file number or other government related identifiers
    • Your employment history and qualifications, and background checks relevant to your job application
    • Employee number
  • Other similar information

We may collect your personal information in a number of ways, including in person, by telephone, by email or electronically when you contact us or visit our Website to:

  • Registration, purchase and use of the Skiplagged Services: Information such as name, email address, telephone number, billing information (such as credit card number, cardholder name, and expiration date), and other information, may be collected in connection with registration for, purchase of or use of the Skiplagged Services (for example, to sign-up for and log into the Skiplagged Services), as well as when you download our mobile application. Customers may update their information by logging into their account.
  • Travel Companion Information: When you make a reservation for someone else through this Website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences, as any access to view or change their information will be available only through your account.
  • Communcations: Personal information such as name, email address, and other information, may be collected, when provided in any communications, whether via email, social media, telephone or otherwise.
  • Support: Personal information may be collected in connection with customer support, whether via screensharing, email, social media, telephone or otherwise.
  • Surveys and Research: We may collect personal information from anyone participating in research and surveys.
  • Information We Automatically Collect: We receive and store certain types of information whenever you interact with us or our Service. Our Websites use “cookies,” tagging and other tracking technologies. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, and device identifiers.
  • Sign-in Features: Our Website includes links to other websites and online services whose privacy practices may differ from those of Skiplagged. For example, you can log in to our Website using single sign-in services such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network. If you submit personal information to or through any of those web sites or services, your information is governed by the privacy policies of such third-party sites or services. We encourage you to carefully read the privacy statement of any website you visit or online services you use.
  • User Comments and Content: If you post any comments or content on our Websites, you should be aware that any personally identifiable information you choose to provide there may be read, collected, or used by third parties. We are not responsible for the information you choose to submit and we cannot guarantee that third parties have not made copies of or will not use such information in any way.
  • Information From Other Sources: We may supplement the personal information we collect with information from third parties and add it to your account information. Where personal information is obtained from third party sources, the collection, use and disclosure of that personal information will be governed by the third party's privacy policy as well as by applicable privacy laws. If you are a prospective employee, we may also collect personal information from credit agencies (after seeking your consent to do so).

You can choose not to provide us with certain information, but then you might not be able to take advantage of many features of the Websites and Skiplagged may not be able to provide you with certain Services.

2. USE OF INFORMATION

Skiplagged may use the information, including personal information, collected in connection with the Skiplagged Services for the purpose of providing the Services to our customers, as well as for supporting our business functions, such as fraud prevention, marketing, analytics and legal functions, and other legitimate purposes.

To the extent permitted by applicable law and, for customer data, as permitted by our customer agreements, we may use information collected in connection with our Services:

  • To deliver our Services from our Websites
  • To provide, maintain, and improve the Websites for internal or other business purposes.
  • To fulfill customer requests, such as to create a Skiplagged Services account or to provide requested services.
  • To communicate with our customers; to inform customers and users of products, programs, services profiles or transactions with us, and changes to our policies or terms, as applicable.
  • To send offers, promotions, or other communications about our Services, including special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party.
  • To send customers information regarding the Skiplagged Services, including information about features and enhancements on or to our Websites and issues specifically affecting Skiplagged Services.
  • To respond to reviews, comments, or other feedback provided to us.
  • To support, optimize, improve and personalize our Services, Websites, mobile services, and advertising, including tracking and evaluating the use of the Websites.
  • In the case of server logs, to help us statistically monitor how many people are using our site and for what purpose.
  • To send newsletters or other materials.
  • To protect the security and integrity of our Services, content, and our business.
  • To explore prospective sales leads.
  • For benchmarking, data analysis, audits, developing new products, enhancing the Skiplagged Services, facilitating product, software and applications development, improving our services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes.
  • To perform statistical, demographic, and marketing analyses of users of the Websites and their viewing patterns.
  • To meet our contractual requirements, to comply with applicable legal or regulatory requirements and our policies, and to protect against criminal activity, claims and other liabilities.
  • For any other lawful purpose for which the information is provided, including fulfilling requests for information.

Personal information under the control of users of the Skiplagged Services. In some circumstances, we may access and use personal information that has been collected by a customer in the course of their use of the Services. This personal information remains under the control of the customer at all times. We will only use this information on a limited basis to fulfill our contractual obligations to the customer to:

  • diagnose and address software programs;

Aggregate Information. To the extent permitted by applicable law, we may use, process, transfer, and store any data about individuals and customers or partners in an anonymous (or pseudonymous) and aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources. We may also use information in other ways with consent or as permitted by applicable law. By using the Skiplagged Services, our customers agree that we are hereby licensed to collect, use, share and store anonymized (or pseudonymized) aggregated data collected through the Skiplagged Services for benchmarking, analytics, A/B testing, metrics, research, reporting, machine learning and other business purposes.

Automated Decisions. To the extent permitted by applicable law, we may collect data in an automated manner and make automated decisions, including using machine learning algorithms, about individual users of the Skiplagged Services in order to provide or optimize the Skiplagged Services offered and/or delivered, for security or analytics purposes, and for any other lawful purpose.

3. SHARING OF INFORMATION

To the extent permitted by applicable law, Skiplagged may share and disclose information, including personal information, as set forth below:

  • Customers. We may share information with our customers and their service providers and other platforms that may assist those customers.
  • Affiliates and Agents. We may share information with our affiliates, any business partners or agents acting on our behalf. When you use our Services to book travel services (e.g., hotel rooms) or to take advantage of any related products and services (such as travel insurance), we may provide personal information to the involved third party (e.g. hotel). Please refer to the websites of such third party suppliers for their Privacy Policies and other information on such supplier.
  • Service Providers. We may share information with our service providers (e.g. data storage and payroll service providers), agents, vendors and other third parties we use to support and advertise the Skiplagged Services and our business. We share personal information with such third parties to the extent necessary to provide services to us, and pursuant to binding contractual obligations.
  • Advertising and Marketing. To the extent permitted by applicable law, we may share information with third parties for marketing, advertising, promotions, contests, or other similar purposes. If required by applicable law, we will share such data for advertising and marketing purposes only in an aggregate, anonymous, and de-identified manner.
  • Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information to a buyer, investor, new affiliate, or other successor in the event Skiplagged, or any affiliate, portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, joint venture, consolidation, reorganization, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets of Skiplagged or any affiliates or during steps in contemplation of such activities (e.g., negotiations and due diligence).
  • Law Enforcement and National Security. We may share information with legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.
  • Protection of Rights, Property or Safety. We may also share information if, in our sole discretion, we believe disclosure is necessary or appropriate to protect the rights, property or safety of any person, or if we suspect fraud or other illegal activity.

Skiplagged may also disclose personal information for other purposes or to other third parties when an individual has consented to, or requested, such disclosure, or where a customer has obtained permission from such individual, or where such disclosure is otherwise legally permitted for legitimate business purposes, and, for customer data, with such customer’s authorization or otherwise in accordance with Skiplagged agreement with such customer.

4. COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and similar technologies to operate and improve the Skiplagged Services, as well as to simplify our interaction with you. A "cookie" is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the Services. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies to collect information about the ways you interact with and use the Skiplagged Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes.

We may use the following types of cookies and similar technologies:

  • Essential/strictly necessary cookies required for the operation of the Skiplagged Services. They include, for example, cookies that enable you to log into secure areas.
  • Analytical/performance cookies that collect information about how you use the Skiplagged Services. They allow us to recognize and count the number of visitors and to see how visitors move around our Websites. This helps us to improve the way our Websites work. [These cookies are sometimes placed by third party providers of web traffic analysis services.]
  • Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region) or allow the pre-population of certain resource request forms, making it easier for you to access Skiplagged content.
  • Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our Website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. [They remember the other websites that you visit and this information is shared with third-party organizations, for example, advertisers.]

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may encounter issues using the Skiplagged Website and accessing certain pages, specifically password-protected pages.

For more information, visit the help page for your web browser or see www.allaboutcookies.org or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.

We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout .

5. DATA RETENTION

To the extent permitted by applicable law, we may retain information for as long as the account of the customer for whom we collected the information is active, for at least [six (6) months] thereafter, or as long as is reasonably necessary to provide the Skiplagged Services or as needed for other lawful purposes. We may retain cached or archived copies of information. We may retain anonymized or pseudonymized, aggregated data indefinitely, to the extent permitted under applicable law. We may be required to retain some data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Once information is no longer needed for the purposes for which it was collected, we will take reasonable steps to de-identify and destroy it.

6. CHOICES AND OPT-OUT

To the extent required by applicable law, or in our discretion otherwise, we will allow customers and individuals to limit use of personal information. If at any time after providing us with your personal information such information changes or you change your mind about receiving information from us, you may request access to your data or that your data be changed.

You may elect not to identify yourself or you may use a pseudonym in your dealings with us, except where it is impracticable for us to deal with you on this basis (for example, we will need to identify you in order to provide most of our Services).

We may use your personal information for direct marketing. This includes the use of personal information to:

  • invite you to a user conference; and
  • notify you about an existing or new product or service.

If you prefer not to receive these communications from us, you may ask us at any time to stop sending you direct marketing information or to stop being contacted by us. You can do this by emailing us at privacy@skiplagged.com.

7. CROSS-DEVICE TRACKING

When you use your mobile device to interact with us or use the Skiplagged Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

8. EMPLOYMENT OPPORTUNITIES

We provide you with a means for submitting your resume or other personal information through our Website or Services for consideration for employment opportunities at Skiplagged. Personal information received through resume submissions will be kept confidential. We may contact you for additional information to supplement your resume, and we may use your personal information within Skiplagged, or keep it on file for future use, as we make our hiring decisions.

9. THIRD PARTY SITES

The Skiplagged Services may provide links to other websites or resources over which Skiplagged does not have control (“External Web Sites”). Such links do not constitute an endorsement by Skiplagged of those External Web Sites. You acknowledge that Skiplagged is providing these links to you only as a convenience, and further agree that Skiplagged is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the applicable External Web Site. We encourage you to be aware when leaving our Services and to read the privacy statements of External Web Sites that collect your personal information.

10. SECURITY

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of personal information, we employ procedural and technological measures that are reasonably designed to help safeguard the information we collect. Only authorized Skiplagged personnel have access to the personal information, including server logs and cookie utilization data, that we collect. These individuals are required to follow strict security policies and procedures. Skiplagged may use encryption, secure socket layer, firewall, password protection and other physical and logical security measures to help prevent unauthorized access to such. Skiplagged may also place internal restrictions on who in the company may access data to help prevent unauthorized access to such information.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. We do not warrant or represent that personal information about you will be protected against, loss, misuse, or alteration by third parties.

If you use the Services, you are responsible for maintaining the confidentiality of your access information and password. You are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your password. We cannot secure any personal information that you release on your own, that you request us to release or that is released through another third party to whom you've given access.

Where required under applicable law or by contract, we will notify the appropriate parties or individuals of any loss, misuse or alteration of personal information so that such parties or individuals can take the appropriate actions for the due protection of their rights. If such personal information is information of a Skiplagged customer, we will notify such customer and coordinate with them regarding any required notices to particular individuals.

11. CHILDREN

We recognize the importance of protecting the privacy and safety of children. The Skiplagged Services are not intended for children under 13 years of age - and for European residents, for children under 16 years of age - see our European Privacy Policy . We do not knowingly collect personal information from children under 13. Anyone under 13 should not use the Skiplagged Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as set forth below.

12. INTERNATIONAL DATA TRANSFERS

The Skiplagged Services may be provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, personal information about individuals or customers may be transferred, processed and stored outside the country where the Skiplagged Services are used, including to countries outside the European Union (“EU”), European Economic Area (“EEA”) or Switzerland, where the level of data protection may not be deemed adequate by the European Commission. With respect to Europe, we may use standard data protection clauses adopted by supervisory authorities and approved by the European Commission to safeguard transfers.

13. CALIFORNIA PRIVACY RIGHTS

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use may be entitled to request and obtain from us, once per calendar year, information about customer information we have shared, if any, with other businesses for such other businesses’ own direct marketing uses. If applicable, this information would include the categories of resident information and the names and addresses of those businesses with which we shared such resident information for the immediately prior calendar year. To obtain this information, please contact us as indicated below. Please include sufficient personal identification information so that we can process the request, including that you are a California resident.

14. QUESTIONS, COMPLAINTS AND DISPUTES

If you have questions, concerns, or complaints about this Policy or our privacy practices, please contact our Privacy Officer by email at privacy@skiplagged.com. We will respond to your inquiries as soon as is practicable.

  1. CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. PRIVACY POLICY UPDATES

Skiplagged may update this Privacy Policy from time to time in our sole discretion to reflect changes to our information and privacy practices. Skiplagged will post any updated Privacy Policy on this page at https://skiplagged.com/terms or in the Skiplagged Services, or with any notice to individual users if required by applicable law. Continued use of the Skiplagged Services after any such modifications constitutes acceptance to any such modified Privacy Policy. Skiplagged encourages you to review this Privacy Policy regularly for any changes. The date of last revision is shown at the “Last Updated” legend at the top of this page.

If you have any questions regarding our Privacy Policy, the practices of this site, or your dealings with us, please feel free to email us at privacy@skiplagged.com.

EUROPEAN PRIVACY POLICY

The following European Privacy Policy applies if your personal data is processed in the European Union, the European Economic Area and Switzerland.

Personal Data and Processing. For the purposes of this European Privacy Policy:

“Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person; and

"Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal Data may be transferred outside of Europe, provided that certain conditions as set out in the applicable legislation are complied with. Your Personal Data will also be processed by personnel operating outside Europe who work for us. This includes personnel engaged in, among other things, the fulfilment of your order and the provision of support services. We are party to data transfer agreements with each of our service providers and the members of our group and we will (i) keep each document up to date with current law, and (ii) only engage in personally identifiable information transfers from Europe to outside Europe in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including use of the European Union Standard Contractual Clauses or Binding Corporate Rules.

Purposes and Legal Basis for Processing Personal Data. Skiplagged processes data for the purposes as set forth in our Privacy Policy, including to provide the Skiplagged Services and as explained in the Use of Information and Sharing of Information sections. To fulfill these purposes, Skiplagged may access data, including Personal Data, to provide the Skiplagged Services, to correct and address technical, service or security problems, or in response to contractual requirements. Please see our Skiplagged Privacy Policy Information We Collect and Data Retention sections for additional details on how we collect, use, disclose and share data, make automated decisions, and retain data, including Personal Data, about individual users or customers.

Our legal basis for the processing of Personal Data are: (i) consent or (ii) any other applicable legal basis, such as our legitimate interest in engaging in commerce, offering products and services of value to the customers of the Skiplagged Services, preventing fraud, ensuring information and network security, direct marketing and advertising, and complying with industry practices.

Data Transfers: Where personal data is transferred from the EU or Switzerland to the US in the context of an employment relationship, we will cooperate in investigations by and comply with the advice of EU data protection agencies and the Swiss Federal Data Protection and Information Commissioner (FDPIC).

Skiplagged will not transfer personal information originating in the EU or Switzerland to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your personal information as required by the Principles of the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework. We will only transfer data to our agents, resellers or third-party service providers (such as travel service providers, accountants, attorneys, consultants, and other service providers) who need the information in order to provide services to or perform activities on behalf of Skiplagged, including in connection with the delivery of services or products, Skiplagged’s management, administration, or legal responsibilities. We acknowledge our liability for such data transfers to third parties.

Additional Rights: Under European law, you may have one or more of the following additional rights:

Rectification & Erasure. To request that we rectify or delete any of the Personal Data about you that is incomplete, incorrect, unnecessary or outdated.

Objection. To object, at any time, to Personal Data about you being Processed for direct marketing purposes.

Restriction of Processing. To request restriction of Processing of Personal Data about you for certain reasons, such as, for example, if you consider Personal Data about you collected by us to be inaccurate or you have objected to the Processing and the existence of legitimate grounds for Processing is still under consideration.

Data Portability. To request and receive the Personal Data we have collected about you in a commonly used and machine-readable form.

Right to Withdraw Consent. If Personal Data about you is processed solely based on your consent and not for any other legitimate interest, to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including processing related to existing contracts for our Services.

Right to Lodge a Complaint with a DPA If you believe our Processing of Personal Data about you is inconsistent with the applicable data protection laws, to lodge a complaint with your local supervisory data protection authority (“DPA”).

To exercise any of the above listed rights, please contact us as set forth below and provide sufficient details so that we can respond appropriately. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify the identity of the individual submitting a request before we can address such request. If the request relates to data our customers collect and process through the Skiplagged Services, we will refer the request to that customer and will support them in responding to the request. For Skiplagged customers, certain information may be reviewed, corrected and updated by logging into the Skiplagged Services account and editing the profile information.

Questions and Complaints. If you have questions, concerns, or complaints about this Policy or our privacy practices, please contact our Privacy Officer by email at privacy@skiplagged.com.

Compelled Disclosures: Skiplagged may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Skiplagged has engaged priceline.com LLC OR Priceline Partner Network Limited (and for the purposes of this Agreement, individually and together with Skiplagged, 'Priceline' or 'we') to provide you a single source for your travel service needs. These terms and conditions govern your use of these provided by Skiplagged and this web site (the 'Site'). This Site, along with our mobile sites, is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Skiplagged and Priceline. BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS ('USERS' OR 'YOU') AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ('AGREEMENT'). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Priceline reserves the right, in its sole discretion, to amend, modify or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties. Priceline incorporates herein, by reference, its Privacy Policy

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN PRICELINE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Table of Contents

Part I: General Terms and Conditions

Part II: Travel Services

  1. General
  2. Hotel Service Restrictions
  3. Travel Service Disclosures


Part I: General Terms and Conditions

Arbitration and Dispute Resolution
  1. Disputes and Arbitration

    Priceline is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.

    You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Priceline websites and/or any of its related applications or services (the 'Site'); any dealings with our customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Priceline; or our Privacy Policy (collectively, 'Claims') by providing Notice to Customer Support as described in section I.A.2.b below. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

    These Terms and Conditions shall be governed by the laws of the State of Connecticut, United States of America, without regard to conflict of law's provisions that would result in the application of the laws of any other jurisdiction. All Claims or other matters in dispute between you or any Third-party (as defined in paragraph K above) and Priceline, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of the State of Connecticut, without regard to conflict of law's provisions that would result in the application of the laws of any other jurisdiction.

  2. Limitation on Claims

    Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

  3. Mandatory Arbitration

    PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM. THESE LIMITATIONS APPLY TO ANY CLAIMS AGAINST PRICELINE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE.

    IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

    1. By using this Site, you, any Third-party (as defined in paragraph K above), and Priceline agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ('AAA') and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA ('Rules and Procedures'), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person's claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). As an exception to arbitration, you, any Third-party, and Priceline retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party's billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against Priceline, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.
    2. If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ('Notice') addressed to: Legal Department, priceline.com LLC, 800 Connecticut Avenue, Norwalk, CT 06854 ('Notice Address'). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If Priceline and you, or Priceline and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or Priceline is entitled. A form to initiate arbitration may be downloaded here.
    3. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.
    4. To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for Connecticut or, if there is no federal jurisdiction over the action, in the courts of the State of Connecticut located in Fairfield County, Connecticut. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.e below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Connecticut, without regard to conflict of law's provisions that would result in the application of the laws of any other jurisdiction.
    5. YOU AND ANY THIRD-PARTY FURTHER AGREE THAT NO PROCEEDING AGAINST PRICELINE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE (UNDER THIS PROVISION OR OTHERWISE) MAY PROCEED AS A CLASS ACTION, BE JOINED WITH ANOTHER PERSON'S CLAIM, OR PROCEED ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY (EITHER ON BEHALF OF THE GENERAL PUBLIC OR OTHER USERS OR PERSONS). ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN ADDITION, NO ARBITRATION PROCEEDING UNDER THIS PROVISION SHALL BE CONSOLIDATED OR JOINED IN ANY WAY WITH ANY OTHER ARBITRATION PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES.
    6. For any arbitration involving Claims that together seek damages that do not exceed $25,000, Priceline will reimburse you for all fees and costs imposed by AAA. If you are unable to pay the filing fee, Priceline will pay it for you. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against Priceline, Priceline will reimburse such prevailing party for any fees or costs the prevailing party paid to AAA in connection with the arbitration.
    7. If you prevail in the arbitration of any Claim against Priceline and are awarded an amount greater than Priceline's last written settlement offer to you, Priceline will pay a minimum recovery of $5,000, and Priceline will reimburse you for all reasonable attorneys' fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against Priceline and is awarded an amount greater than Priceline's last written settlement offer to such Third-party, Priceline will pay a minimum recovery of $5,000 to the Third-party, and Priceline will reimburse such Third-party for all reasonable attorney's fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney's fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to Priceline's last written settlement offer to you, Priceline will pay only the amount of the award, not the minimum recovery or attorneys' fees.
    8. Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, Priceline will not be entitled to seek reimbursement of its attorney's fees for any Claim the arbitrator finds to be non-frivolous.
    9. With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor Priceline shall be entitled to arbitrate their dispute.
    10. Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
    11. IF YOU OR ANY THIRD-PARTY DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU OR SUCH THIRD-PARTY MUST NOTIFY PRICELINE IN WRITING BY CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OR BEFORE YOU BEGIN TO USE THE SERVICES PURCHASED ON THIS SITE, WHICHEVER DATE IS SOONER. SUCH NOTICE SHALL BE SENT TO THE NOTICE ADDRESS DEFINED IN SUBSECTION (b), ABOVE. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU AND ANY SUCH THIRD-PARTY MAY NOT CONTINUE TO PURCHASE SERVICES OR PRODUCTS ON THIS SITE UNLESS AND UNTIL PRICELINE NOTIFIES YOU OR SUCH THIRD-PARTY OTHERWISE. PRICELINE SHALL HAVE THE RIGHT TO PROHIBIT YOUR AND SUCH THIRD-PARTY'S FUTURE PURCHASE OF SERVICES OR PRODUCTS ON THIS SITE.
Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, 'Content') and the arrangement and compilation of the Content are intellectual property and copyrighted works of Skiplagged, Priceline and/or its third-party providers including, without limitation, the airline, hotels, rental car companies and other travel suppliers that provide travel or other services through this Site ('Providers'). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

Trademark Notice

Product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Skiplagged, Priceline or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

Acceptable Use/License

We grant you a limited, personal, nontransferable, non-sub-licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, 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. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to 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 this Site. In addition, whether or not you have a commercial purpose, you agree not to:

  1. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  2. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  3. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
  4. deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission.
  5. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Site, or any postings which advocate illegal activity.
  6. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
  7. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  8. deliver or provide links to, any postings containing defamatory, false or libelous material.
  9. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  10. deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
  11. impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  12. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  13. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
  14. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means.
  15. obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses

You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a 'Request') and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

We reserve the right to cancel any airline, hotel or rental car reservation or any other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.

Accounts, Security, Passwords

You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by us and/or our third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, we make no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

Disclaimer of Warranties

UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN 'AS IS,' 'AS AVAILABLE' BASIS. PRICELINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRICELINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. PRICELINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. PRICELINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE. No Agency Relationship

We do not agree to act as your agent, travel agent or fiduciary in providing services through the Site.

Minors

Persons under the age of 18 are not eligible to use any services on this Site

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Skiplagged OR PRICELINE, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE 'COVERED PARTIES'), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority.

No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement nor for any Provider's failure to comply with applicable federal, state, provincial and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Priceline for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification

You agree to defend and indemnify Skiplagged and Priceline, their 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 (i) by you or on behalf of you in excess of the liability described above, within the limits permitted by applicable law; or (ii) by third parties as a result of:

a. your breach of this Agreement
b. your violation of any law or the rights of a third party; or
c. your use of this Site in violation of the terms and conditions set forth herein.

Third Parties

If you use this Site to submit Requests for or on behalf of a third-party ('Third-party'), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, 'Comments'), shall be and remain our exclusive property and may be used by a Covered Party in any medium in accordance with our Privacy Policy and you agree to execute any documents that may be necessary for such an assignment of rights.. By providing your Comments to a Covered Party, you shall be indicating your consent to the Covered Party's use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. We reserve the right to provide your Comments to its partners or other third-parties. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of us or its content providers, advertisers, sponsors, affiliated or related entities, and we makes no representations or warranties regarding that information or those opinions. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Response to Requests

While we will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. None of the Covered Parties is responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We do not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

Modification/Termination of Usage

We reserve the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access to this Site.

Electronic Notification

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

Hyperlinks

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without our express written permission.

Miscellaneous

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement 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.

Part II: Travel Services

A. General
Travel Service Limitation of Liability

THE AIRLINES, HOTELS, RENTAL CAR COMPANIES AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, 'TRAVEL SUPPLIERS') ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

International Travel: Passports, Visas, and Hazards

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We therefore urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For State Department travel warnings and advisories, go to travel.state.gov/travel/warnings.html. For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm. Other information relating to particular international destinations can be found at www.dot.gov; www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov. We have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/travel/foreignentryreqs.html.

BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Important Information Regarding Currency and Exchange Rates

Purchases made on our Site are transacted in different currencies, depending on the user's IP address and/or the currency that the user selects. You will be charged in the currency shown upon checkout in the Summary of Charges. If you make a purchase from us using a credit or debit card in a currency that is different from the one shown to you upon checkout in the Summary of Charges, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

Travel Suppliers

You agree to abide by the terms or conditions of purchase imposed by any Travel Supplier, whether that Travel Supplier is selected by you or by Priceline, including, but not limited to, payment of all amounts when due and compliance with the Travel Supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Priceline debiting your account for any costs Priceline 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 Site.

You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or nonperformance of any Travel Supplier, including, but not limited to, nonperformance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of nonperformance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Supplier, you agree that your sole recourse shall be toward such Travel Supplier and not toward us.

We have no special knowledge regarding the suitability for disabled persons of any portion of any tour. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.

B. Hotel Service Restrictions
1. General
  1. Check In: Upon check-in, the reservation holder must present a valid ID and credit card or, in the hotel's discretion, debit card, in his or her name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
  2. Double Occupancy: All hotel reservations are guaranteed for double occupancy (i.e. 2 adults) and accommodations for more than two adults are not guaranteed. Some hotels may not allow extra guests. If your hotel does allow extra guests, there may be additional charges. These charges vary and will be payable directly to the hotel.
  3. Late Arrival and Failure to Check-in on First Night: While you should call Priceline if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
  4. Cancellations and Changes to Your Reservation: Hotel cancellation policies vary. Certain reservations are non-cancellable and non-changeable. Others require you to pay a penalty if you cancel. Still others are fully refundable. Check the hotel cancellation policy when you book. If changes to your pre-paid reservation are allowed, any changes to a pre-paid reservation are only permitted as a cancellation and booking of a new reservation. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call Priceline customer service.
  5. Hotel Accommodations and Special Requests: Depending upon which Priceline hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel's discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Priceline has no control over which room a hotel will assign to you, Priceline cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
  6. Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
  7. Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Priceline's hotel services.
  8. Hotel Star Ratings (General): Priceline's star rating system is provided for your reference. Like other well-known hotel rating systems, Priceline considers a number of factors in evaluating the quality of participating hotels such as: amenities, facilities, reputation, brand, other rating services, customer feedback from guests who have stayed at the hotel, etc., to assign a single star rating. Priceline screens participating hotels carefully and updates our information periodically to ensure the validity of our ratings. Our ratings systems may sometimes differ from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our star rating system is equal to or consistent with any other star rating system and reserve the right to change a hotel's rating at any time with or without notice.
  9. Accommodation Types: Priceline offers its customers various properties, including hotels, motels, bed and breakfasts, resorts and other types of rentable accommodations.
2. Prices

Sometimes cheaper rates are available for a specific stay at a hotel; however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.

Pricing Errors: We endeavor to publish and maintain accurate prices and information for the services we offer. Hotels provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a hotel, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect hotel information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the hotel.

3. Merchant Price Disclosed Hotel Service

Priceline's Merchant Price Disclosed Hotel Service are hotel services whereby Priceline acts as the merchant of record on the transaction (i.e., directly charges your form of payment and not the hotel).

Hotel bookings made available through Priceline's Merchant Price Disclosed Hotel Service are subject to the disclosed terms and conditions on your contract page and the disclosed terms and conditions of the applicable hotel you select.

The 'Total Charges' that you will pay for using our Merchant Price Disclosed Hotel Service will always be disclosed to you before you submit your Request. For hotels that charge mandatory fees, you will be told both a) the total charges to your method of payment and b) the total cost, which includes the total charges to your method of payment and the mandatory fee or resort fee which the hotel will charge at check out. Your Total Charges and the Room Rate may include compensation to us for our facilitation services.

Charges for Taxes and Service Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and for Service Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we anticipate and include in the charge to you. The balance of the charge for Taxes and Service Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Service Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the property you stay at you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc.. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel's discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.

For bookings in Canada, the charges may also include destination marketing fees collected by the hotel and passed along to tourist bureaus. If you are a citizen of a country other than the United States and you travel to your home country, you may owe additional taxes to the hotel at check out. Contact the hotel if you have questions.

Merchant Price Disclosed Bookings of Hotel Reservations Through Agoda.com: Certain merchant model hotel reservations at properties in Asia are provided by priceline.com through its foreign affiliate Agoda Company Pte Ltd. (Agoda.com), which is headquartered and operates in Bangkok, Thailand. If your booking is one being provided through Agoda.com, you will be notified in the Important Information section of your priceline.com contract page shown to you prior to your booking your reservation on priceline.com. Your credit card will be charged by Agoda/ Priceline.

4. Agency Hotel Service

For Priceline's Agency Hotel Service, Priceline is not the merchant of record and does not charge your credit card or other form of payment. For these transactions, you will be notified in the 'Important Information' section of your contract page that your credit card will be used to guarantee the reservation. You will also be told in the 'Important Information' section that the hotel will charge you directly for room and tax and any other charges. You will be provided with a 'Total Estimated Charges' line item on your contract page that will provide you with an estimate of what the hotel will charge you, which will include taxes.

Certain of our Agency hotel offerings, including those labeled as either 'Pay When You Stay®' or 'Book Now, Pay LaterSM, are provided by priceline.com through its foreign affiliate Booking.com B.V., which is headquartered and operates in Amsterdam, the Netherlands. Through the Agency Hotel Service, priceline.com and/or Booking.com B.V. (as the case may be), provides an online platform through which hotels (including other types of temporary accommodation) can advertise their rooms for reservation, and through which visitors to the website can make reservations. By making an Agency Hotel Service reservation, you enter into a direct (legally binding) contractual relationship with the hotel at which you book. From the point at which you make your Agency Hotel Service reservation, priceline.com and/or Booking.com B.V. (as the case may be), acts solely as an intermediary between you and the hotel, transmitting the details of your reservation to the relevant hotel and sending you a confirmation email for and on behalf of the hotel.

For Agency Hotel Service transactions, the information that we disclose regarding each hotel is based on the information provided to us by the hotel. As such, the hotels are given access to a platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed. Hotels offered through our Agency Hotel Service do not constitute and should not be regarded as a recommendation or endorsement by us of (the quality, service level or rating of) any hotel made available.

  1. Charges for Taxes and Service Fees: We will not charge you when you complete an Agency transaction. You will be charged directly by the hotel. Unless expressly stated, taxes and service fees are excluded from your room cost, but are shown to you in the 'Taxes and Fees' line. Taxes are included in the Total Estimated Charges. For hotels that charge mandatory fees, you will be told the Hotel Mandatory Fee which the hotel will charge at check out. Any mandatory fee is also included in the 'Total Estimated Charges' line.
  2. All 'Pay When You Stay®'/'Book Now, Pay LaterSM' hotel service prices are per room for your entire stay and are displayed including VAT (value added tax) and all other taxes, unless stated differently. Sometimes cheaper rates are available for a specific stay at a hotel, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details through conditions prior to making your reservation.
  3. Credit card: Agency Hotel Service reservations require credit or debit card details in order to guarantee your reservation. As such, we will send your credit or debit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well.
  4. For certain rates or special offers that state that a deposit is required (which will be disclosed in the Important Information section of your contract page), please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.
  5. Cancellation: You accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy is made available on our website at the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers that require an upfront deposit to the hotel (which will be disclosed in the Important Information Section of your contract page) are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.

If you wish to review, adjust or cancel, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel's cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making an Agency Hotel Service reservation.

5. Express Deals Hotel Service
  1. Additional Restrictions: In addition to the restrictions described above in the Merchant Price Disclosed Hotel Service Section, the following restrictions apply to priceline.com's Express Deals hotel service:
    1. All hotel reservations are non-cancelable, non-refundable, non-changeable and non-transferable by you. Once you purchase a reservation, your method of payment will be charged for the amount shown - regardless of whether or not the reservation is used. Credit will not be given for any unused reservations and cannot be used toward any future purchases.
    2. Upon check-in, the reservation holder must present a valid ID and credit card or, in the hotel's discretion, debit card, in his or her name that is consistent with the transactional details provided to priceline.com (the amount of available credit required will vary by hotel). Debit cards may not be accepted.

      We or the applicable hotel may, on an exception basis and at the request of the hotel guest, waive one or more of the restrictions after the hotel room has been booked. We may, in our discretion, impose additional obligations and/or fees in connection with any such waiver. No User waiver requests will be accepted or considered prior to or as part of a Request. You agree that if your booking is successful, priceline.com will confirm the reservation and charge the entire amount of the stay, including applicable Taxes and Fees (as described below) disclosed to you before booking, to your method of payment. The price listed is per night and does not include priceline.com's charge to you for Taxes and Fees.

  2. Mandatory Fees: For hotels that charge mandatory fees, you will be told both a) the total charges to your method of payment and b) the total cost, which includes the total charges to your method of payment and the mandatory fee or resort fee which the hotel will charge at check out. Your Total Charges and the Room Rate may include compensation to priceline.com for our facilitation services.
  3. Charges for Taxes and Service Fees: In connection with facilitating your hotel transaction, we will charge your method of payment for Taxes and Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.

    Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

    For transactions involving hotels located within certain jurisdictions, the charge to your method of payment for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

    For bookings in Canada, the charges may also include destination marketing fees collected by the hotel and passed along to tourist bureaus. If you are a citizen of a country other than the United States and you travel to your home country, you may owe additional taxes to the hotel at check out. Contact the hotel if you have questions.

  4. Hotel Accommodations and Special Requests: Express Deals hotel reservations are guaranteed for double occupancy (one double bed or two twin beds). Bedding type maybe selected for certain Express Deals. Priceline.com requests that our hotel suppliers provide non-smoking rooms. However, room assignments are based on hotel availability and are at the hotel's discretion. We cannot guarantee a non-smoking room, nor can we guarantee you will have one bed or two. If you have special requests (including, for example, preferences for smoking or nonsmoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Priceline.com has no control over which room a hotel will assign to you, Priceline.com cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. A hotel reservation cannot be refunded, canceled or modified on the basis that a special request was not (or could not be) met by the hotel.
  5. Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel after your booking is made and verify that your needs can be met. If your disability needs cannot be accommodated by the hotel, please call Priceline customer service. Priceline.com has no control over which room a hotel will assign to you, Priceline.com cannot accommodate disability needs in advance of your booking.
C. Travel Service Disclosures

Priceline Partner Network Limited is a wholly owned subsidiary of Priceline.com LLC('Priceline'), who maintains the aforementioned travel service licenses and registrations.

  • For California Residents:

    Priceline is a seller of travel in the State of California (CST 2040530-50). Registration as a Seller of Travel does not constitute approval by the State of California.

    Priceline is not a participant in the California Travel Consumer Restitution Fund.

    California law requires certain sellers of travel to have a trust account or bond. Priceline has a bond issued by Merchants Bonding Company in the amount of $10,000.

  • For Florida Residents:

    Priceline is registered with the State of Florida as a Seller of Travel. Registration No. ST-32150.

  • For Washington Residents:

    Priceline is registered with the State of Washington as a Seller of Travel. Registration No. 601 875 582.

  • For Nevada Residents:

    Priceline is registered with the State of Nevada as a Seller of Travel. Registration No. 2002-0570.

  • For Alaska Residents:

    Priceline is registered with the State of Alaska as a Seller of Travel. Registration No. 280316.

  • For Ohio Residents:

    Priceline is registered with the State of Ohio as a Seller of Travel. Registration No. 8889077.

  • For Iowa Residents:

    Priceline is registered with the State of Iowa as a Seller of Travel. Registration No. 624.

  • For Hawaii Residents:

    Priceline is registered with the State of Hawaii as a Seller of Travel. TAR 5946.

Skiplagged Rewards Program Terms and Conditions

Effective Date: November 28, 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE SKIPLAGGED REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THE SKIPLAGGED REWARDS PROGRAM.

These Terms and Conditions (these “Terms”) apply to your access to, and participation in, the Skiplagged Rewards Program (the “Program”), which is operated by Skiplagged, Inc. (“Skiplagged”). Skiplagged reserves the right to change, modify and/or terminate the Program and/or all or any portion of these Terms or any policy, FAQ, or guideline pertaining to the Program at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.skiplagged.com/terms, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in the Program confirms your acceptance of these Terms and any such changes or modifications; therefore, you should review these Terms and applicable policies, such as Skiplagged’s General Terms, Privacy Policy and FAQs, frequently to understand the terms and conditions that apply to the Program. If you do not agree to these Terms in their entirety, you are not authorized to create an account or to participate in the Program in any manner. Skiplagged’s General Terms and Privacy Policy are available at: skiplagged.com/terms.

The Program is intended for personal use only. Commercial use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of 18.

Please read Skiplagged’s Privacy Policy carefully to understand how Skiplagged collects, uses and discloses information about users and customers.

How the Program Works

To participate in the Program, visit the Rewards page by clicking here. Sign up to create a Skiplagged account by providing a valid email address and creating a password. Then, find a great flight or hotel deal and book it yourself or share it with others through your personalized “https://skiplagged.com/r/” link (“Personalized Link”).

For every flight or hotel you book on Skiplagged, or when others book flights or hotels on Skiplagged through your Personalized Link, you may be eligible to receive “Rewards” (defined below), provided you are otherwise eligible under, and fully compliant with, these Terms. Skiplagged reserves the right to disqualify you at any time from participation in the Program if you do not comply with any part of these Terms.

Eligibility

You must be 18 years or older.

When sharing flights and hotels, you must have the legal right to provide the personal information (e.g., name and email address) of individuals you share your Personalized Link with.

Earning Rewards

You may earn travel credits valued at up to twenty-five dollars ($25 USD) that may be redeemed for flights and hotels booked through Skiplagged (“Reward(s)”) for each valid and verified flight or hotel booked by you or each time another person books a flight or hotel using your Personalized Link. Referrals, created by sharing a flight, a hotel, or Personalized Link, expire after 30 days. The amount of the Reward for any particular booking will be determined by Skiplagged in its sole discretion (but shall in no event exceed twenty-five dollars ($25 USD). A flight or hotel booked by another person will qualify for a Reward if s/he follows the link provided in your invitation and books the shared flight or hotel on skiplagged.com.

Not all flights and hotels are eligible for earning Rewards. Eligible flights are those booked directly on skiplagged.com. Eligible hotels have rooms labeled “Skiplagged rate.”

You may not earn Rewards when you book flights or hotels with Rewards.

You may not earn Rewards by booking flights or hotels on Skiplagged’s iOS or Android apps.

Redeeming Rewards

To redeem Rewards, log-in to your Skiplagged account. Select a flight or hotel. Then, on the booking page, choose to pay with your “Travel Credits.” If the credit is sufficient, hit “Pay with travel credits.”

Rewards can only be redeemed if the amount is equal to or greater than the flight or hotel you are looking to purchase. You must have earned at least twenty dollars ($20 USD) in Rewards to start redeeming. Your last seven (7) days of earnings are locked for fraud prevention.

Rewards are subject to verification. Skiplagged may withhold a Reward for investigation, or refuse to process any transaction it deems fraudulent, suspicious, in violation of these Terms, or believes will impose liability on Skiplagged or any of its officers, directors, employees, representatives or agents. Rewards are not transferable and may not be auctioned, traded, bartered, sold or redeemed for cash. Upon termination of the Program or any portion thereof for any reason any unredeemed Rewards accumulated by you are forfeited.

Skiplagged’s decisions are final and binding, including decisions as to whether a booking or Reward is valid.

Liability

By participating in the Program, you agree: (a) to be bound by these Terms, the decisions of Skiplagged and/or its designee, and Skiplagged’s General Terms and Privacy Policy; (b) to release and hold harmless Skiplagged and its employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program, from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with or related to the Program; and (c) to be contacted by Skiplagged via email. You further agree that the Program and Rewards are provided “as is where is.” SKIPLAGGED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, NON-INFRINGEMENT OR PROPRIETARY RIGHTS OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

As a condition of participating in the Program, you agree that under no circumstances will you be entitled to recover any actual or direct damages. In no event will Skiplagged be liable to you for any consequential, incidental, indirect or special damages (including, without limitation, lost profits, savings or use), or any punitive or exemplary damages, even if Skiplagged has been advised of the possibility of such damages, or for any claim by any third party.

Skiplagged’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to your, and you may have rights in addition to those contained in these Terms. In such jurisdictions, Skiplagged’s liability is limited to the greatest extent permitted by law.

Arbitration; Applicable Law

This Program is void where prohibited by law.

Any dispute that in any way relates to or arises out of these Terms, the Program or any Reward shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration, as well as the interpretation and enforcement of these Terms and the Program, shall be governed by the laws of the State of New York (without reference to its conflict of laws principles). Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Except as may be required by law, neither party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.

These Terms do not allow class or collective arbitrations even if the AAA procedures or rules would. Notwithstanding any other provision of these Terms, the arbitrator may award money only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative theories of liability or prayers for relief may be maintained in any arbitration held under these Terms. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

If either Skiplagged or you intend to seek arbitration under these Terms, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to Skiplagged should be sent to [Skiplagged, Inc. PO Box 318 New York, NY 10116]. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the dispute within thirty (30) days, either party may then proceed to file a claim for arbitration.

An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.

If for some reason the prohibition on class arbitrations set forth above cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.

If for any reason a claim proceeds in court rather than through arbitration, you and Skiplagged agree that there will not be a jury trial. You and Skiplagged unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court. Any and all claims and causes of action arising out of or related to this Program or any Reward shall be resolved under New York law (without reference to its conflict of laws principles).

Bulk Distribution

Bulk email distribution, distribution to strangers, or any other promotion of a Personalized Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Skiplagged’s sole discretion is expressly prohibited and may be grounds for immediate termination of your account and deactivation of your Personalized Link.

Fraudulent and Suspicious Behavior

Skiplagged may prohibit you from participating in the Program or receiving a Reward, in its sole discretion, if it determines you are attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other fraudulent behavior or unethical conduct. Use of any automated system to participate in the Program is strictly prohibited and will result in disqualification. You may not register with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Skiplagged reserves the right to disqualify you and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms.