TERMS OF SERVICE
Last revised: 30/10/23
These Terms only apply to stay bookings made on https://de.hotels.united.com/ our “Website”.
Optional language, when appropriate/desired by Partner: All travel services booked on https://de.hotels.united.com/ will be governed by United Hotels [Terms and Conditions] and [Privacy Policy].
Our terms
Hello and welcome! We are glad that you are taking the time to read these terms of service (the “Terms”).
These Terms are important as they, together with your booking confirmation email (the “Booking Confirmation”), set out the legal terms on which Travel Services are made available to you through our Service. They also cover any interactions or communications you have with us through our Service.
Your use of our Service is conditioned upon your acceptance of these Terms. To book a Travel Service, you must also accept these Terms. If you do not accept these Terms, then please do not use our Service or book a Travel Service. Not accepting these Terms will prevent you from booking a Travel Service.
We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms. We recommend that you save or print a copy of these Terms.
In these Terms:
“we", “us” or “our” refer to Expedia, Inc., a Washington corporation, having its registered office at 1111 Expedia Group Way W, Seattle, WA 98119, USA which provides our Service
“Expedia Travel” refers to Travelscape, LLC, a company incorporated and resident for all purposes in the USA, having its registered office at 5000 W. Kearney Street, Springfield, MO 65803, USA
“our Group of Companies” refers to us, and our subsidiaries and corporate affiliates
“our Partners” refers to any affiliated, co-branded or linked website through which our Group of Companies provides content or service
“our Service” refers to the provision of our websites, apps and online tools
“Travel Services” refers to the travel services made available to you by the relevant Travel Provider(s) through our Service, such as stays at a property, flights, car rental or things to do, etc.
“Travel Provider” refers to the travel supplier making available the Travel Services to you through our Service
“you” refers to you, the traveller, using our Service or making a booking with our Service.
Please read these Terms carefully.
Section 1 Rules and Restrictions
As well as these Terms, other terms and conditions provided by Travel Providers (such as an airline’s conditions of carriage, a property’s terms and conditions, or a car rental company’s rental agreement, etc.) also apply to your booking (“Rules and Restrictions”)
To make a booking, you must accept the Rules and Restrictions of the Travel Provider that you select (such as payment of due amounts, refundability, penalties, availability restrictions and use of fares or services, etc.). The relevant Rules and Restrictions are provided to you before you make a booking and are incorporated by reference into these Terms.
If you violate a Travel Provider's Rules and Restrictions, your booking may be cancelled and you may be denied access to the relevant Travel Service. You may also lose any money paid for such booking and we or the Travel Provider may debit your account for any costs we or they incur as a result of such violation.
Travel Providers may either be individuals acting on a consumer to consumer basis, or professionals operating on a business to consumer basis. On our Service we label listings as “private host” or “private supplier” where the Travel Provider has notified us that they are acting in the capacity as an individual (non-professional). If you enter into an agreement with an individual on a consumer-to-consumer basis, please be aware that consumer law will not apply in relation to your contract with the Travel Provider. The Travel Provider is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to you with respect to their status.
In certain countries, when payment is taken at the time of booking, Expedia Travel may be the Travel Provider for the purposes of making the Travel Service available to you, including but not limited to Travel Services supplied in the European Union under Articles 28 and 306-310 of the EU Principal VAT Directive [2006/112/EC] and any equivalent domestic legislation in any country. In such instances, the Rules and Restrictions are the terms and conditions provided by the underlying supplier (such as an airline’s conditions of carriage, a property’s terms and conditions, or a car rental company’s rental agreement, etc.).
Section 2 Using our Service
Our rules
We provide our Service to help you find information about Travel Services and to assist you in booking those Travel Services. It is provided to you for no other purpose. You are in general free to register for the use of our Service or to make a booking with a 'guest’ profile. Should you register for our Service, you may cancel your registration at any time. Simply contact us and we will delete your profile immediately as soon as it is no longer required for the provision of Travel Services ordered by you.
By making a booking either via a registered profile or with a ‘guest’ profile you are entering an agency agreement with us. You have no right of withdrawal from the agency contract with us.
We aim to provide you with many travel options through our Service. Our Service does not present you with an exhaustive list of travel options that are available at a particular destination or in response to a particular search query. Travel Services available for booking through our Service and additional travel options may also be available for booking through other distribution channels.
You agree that:
- you will only use our Service for personal and non-commercial purposes
- you must be at least 18 years of age and have the legal authority to enter into contracts
- you will use our Service lawfully and in compliance with these Terms
- all information supplied by you is true, accurate, current and complete
- if you have an account with us, you will:
- safeguard your account information
- be responsible for any use of your account by you or others
- if you book on behalf of others:
- you will obtain their authorisation prior to acting on their behalf
- you will inform them about the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms
- you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.
You also agree not to:
- make any false or fraudulent booking
- access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process
- violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service
- take any action that imposes, or may impose, an unreasonable or large load on our infrastructure
- deep link to any part of our Service
- “frame”, “mirror” or otherwise incorporate any part of our Service into any other website
Access
We may, acting reasonably, deny anyone access to our Service at any time and for any valid reason, which will include a violation by you of these Terms, including the terms of this Section 2 (Using our Service). We may also make improvements and changes to our Service at any time.
How we order your search results
There are many travel options available through our Service and we want to make your search results as relevant as possible. At the search results page you will see our default sort order, however you can select how to sort your results and also use filter options to prioritise results based on your chosen preferences, for example price, guest review score, or other criteria. You can learn more on how we order search results here.
Within your search results we also sometimes display travel options that are paid for commercial listings from our Travel Providers. Such travel options are clearly labelled for your information as “Ad” or similar equivalent labelling, to differentiate them from other travel options.
Making a booking
You can select and organise your various Travel Services via our Service. Once you have completed the additional information sections with your personal data and that of your fellow travellers as well as the payment and details sections, the booking process will be completed by clicking on the corresponding icon “Buy Now”.
By doing this, you instruct us to facilitate a Travel Service or another service in connection with arranging your chosen Travel Services, which will be supplied by a Travel Provider. We act as an interface between you and the Travel Providers who provide the Travel Services to you.
The Travel Services brokered by us may also be linked travel arrangements (‘verbundene Reiseleistungen’) within the meaning of Section 651w paragraph 1 of the German Civil Code. In accordance with these legal provisions, we are the facilitator for such linked travel arrangements if:
- you book at least two different types of Travel Services for the purpose of the same trip, which is not a Package (as defined in section 6 (Travel service specific terms), within a single visit to or contact with our Service, and when you select these Travel Services separately and you a) pay for them separately or b) are obligated to pay for each Trave Service separately, or
- you book a travel service with a third-party, such as car rental, for your trip via a link on the confirmation page or Booking Confirmation not later than 24 hours after receiving the confirmation of the original booking from us, those travel services will become part of a Linked Travel Arrangement (as defined in Section 6 (Travel service specific terms). For more information see Section 6 (Travel service specific terms).
In that case we have, as required by EU law, protection in place to refund your payments to us for services not performed because of our insolvency. Please note that if any of your payments go directly to the relevant Travel Provider, we have not taken out any protection to refund you in the event of the insolvency of the relevant Travel Provider. More information on insolvency protection is set out in Section 6 (Travel service specific terms).
You may cancel the booking process at any time prior to completing a booking in order to identify and correct incorrect entries.
When you click on the ‘Buy Now’ button or give confirmation via telephone you make a binding offer to conclude a contract with the relevant Travel Provider for the respective Travel Service(s). Your booking contract is binding.
When you click on the “Buy Now” button, you also enter an agency agreement with us.
Redirection and third-party booking services
If you are redirected from our Service to a third-party booking service (such as for car rental) to make a travel booking, please bear in mind that any bookings made through such a booking service will be with the third-party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking, except if they form part of a Linked Travel Arrangement as defined and explained at Section 6 (Packages). The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you. If the booking you make with a third-party service provider forms part of a Linked Travel Arrangement, then we have protection in place to refund your payments to us for any services not performed because of our insolvency.
Section 3 Confirming a booking
The booking made by you shall be deemed to be accepted by us on behalf of the Travel Provider upon your receipt of the Booking Confirmation. At that point you have entered a contract regarding the booked Travel Services with the respective Travel Provider.
Your Booking Confirmation includes the essential elements of your booking, such as the description of the Travel Service(s) booked and the price.
We or our Partners will send your Booking Confirmation and any relevant travel documents to the email address you provide when you book. If you do not receive your Booking Confirmation within 24 hours of making your booking, please contact us by link.
Please check your Booking Confirmation as soon as possible to ensure it is correct. If there are any errors in your Booking Confirmation, please notify us immediately.
We do not save or store your Booking Confirmation and the Terms pursuant to which you booked your Travel Service. We ask that you save or print the current version at the time you make your booking, for your records.
Section 4 Payment
Price
The price of the Travel Service(s) will be as displayed on our Service, except in cases of obvious error.
Prices for Travel Services are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error. We display many Travel Services, and we try hard to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on our Service.
If there is an obvious error and you have made a booking, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty. We or the respective Travel Provider have no obligation to make available Travel Services to you at an incorrect (lower) price even after you have been sent a Booking Confirmation, if the error should reasonably have been apparent to you.
We may charge a booking fee for the facilitation of flights. Where such a booking fee becomes payable, you will be informed of this separately during the booking process. Such fee will not be reimbursed in the event you should cancel or change your flight unless your cancellation is based on circumstances for which we and/or our vicarious agents are responsible.
Forms of Payment
Flights, stays, cars, packages and things to do can be booked with a credit card and, in some cases, by electronic direct debit. The possible payment methods are listed for each Travel Service together with other bookable services and can vary. Any potential costs incurred pertaining to the respective payment method will also be shown there. In any case, we will inform you of all fees that will be incurred during the booking process prior to conclusion of a booking.
If you select credit card as your payment method, you expressly authorise us to collect the amount owed to the Travel Provider in their name via your credit card number.
For stays:
For stays, you may be offered the options of ‘Pay Now’ or ‘Pay Later’.
If you select the ‘Pay Now' option, you enter into a contract with Expedia Travel for the supply of the Travel Service. We will immediately charge your credit card for the respective amount in your local currency.
If you select the ‘Pay Later’ option, you contract with the property and your credit card typically will be charged for the final amount in the local currency by the property at the time of the stay, or as otherwise notified to you during the booking process.
Taxes
The prices displayed through our Service may include taxes or tax recovery charges. Such taxes or tax recovery charges may include amounts associated with value-added tax, goods and services tax, sales tax, occupancy tax and other taxes of a similar nature.
Taxes or tax recovery charges are generally calculated or estimated on the prices displayed through our Service before any discounts (including those funded by us), coupons and loyalty points that may be applicable to your booking, unless those discounts, coupons and loyalty points are considered as a reduction in price for the purposes of calculating or estimating taxes in the relevant jurisdiction for the booking.
In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities (such as city taxes or tourist taxes, etc.). Our Group of Companies or the Travel Provider may charge you such local taxes. Our Group of Companies will notify you of any local taxes that will be payable by you before you complete your booking, where such taxes have been notified to our Group of Companies by the Travel Provider.
The amount of local taxes can change between the booking date and stay date. If taxes have changed by your stay date, you may be liable to pay taxes at the higher rate.
Payment processing
Normally, the amount payable for the Travel Services is collected directly by the Travel Provider of the Travel Service(s) (direct collection). In some cases, we collect the amount payable for the Travel Services for the Travel Provider of the Travel Service(s).
When we collect the amount payable for the Travel Services for the Travel Provider and payment is taken at the time of your booking and paid for in the local currency of our Service (as relevant), the company taking that payment (via third-party payment processors) and charging your payment method will be Travel Partner Exchange S.L.
Notwithstanding the governing law and jurisdiction paragraph in Section 13 (General) of these Terms, where the company set out above takes your payment (via third-party payment processors) and charges your payment method, the law governing that payment transaction will be the laws of the location of such company.
Our Privacy Statement provides information on how we use your payment and account information when you elect for us to store a credit or debit card or other payment method for future use.
Payment verification
You authorise the relevant company (as set out in the above) or the Travel Provider to:
- verify your payment method by obtaining a pre-authorisation, charging a nominal fee or through other verification means, and
- on verification, charge your payment method.
Fees charged by banks
Some banks and card issuers impose fees for international or cross-border transactions. For example, if you make a booking using a card issued in a different country from the Travel Provider’s location or you choose to transact in a currency that is different from the local currency of our Service, your card issuer may charge you an international or cross-border transaction fee.
Also, some banks and card issuers impose fees for currency conversion. For example, if you make a booking in a currency different to the currency of your credit card, your card issuer may convert the booking amount to the currency of your credit card and charge you a conversion fee.
If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank or card issuer. Our Group of Companies is not associated or responsible for any fees relating to varying exchange rates and card issuer fees.
Currency conversion
Any currency conversion rates displayed on our Service are based on public sources and current exchange rates, which may vary between the time a booking is made and the time of travel. Such rates are provided for information purposes only and, while we seek to provide information that is correct, our Group of Companies does not guarantee the accuracy of such conversion rates because they are not within our control.
Alternative payment methods
We may partner with providers of alternative payment methods (such as consumer finance companies), to provide our travellers with alternative payment methods. Our Group of Companies does not endorse or recommend any alternative payment provider or their products or services. Our Group of Companies is not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies.
Fraud
If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.
If we reasonably conclude that a booking or account is associated with fraud or suspicious activity, we may:
- cancel any bookings associated with your name, email address or account
- close any associated accounts, and
- take legal action, including to seek to hold you liable for any loss.
Please contact us or email us at service@chat.expedia.de about the cancellation of a booking or closing of an account.
Section 5 Cancelling or changing a booking
Cancellation or change by you
Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be made by contacting us here or emailing us at service@chat.expedia.de.
You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking)
Travel Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made.
Please read the relevant Rules and Restrictions, so you know which terms apply to your booking. For example:
- if you book a stay at a property and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Rules and Restrictions
- some properties do not permit cancellations of, or changes to, bookings after they are made
- if you make a Pay Later booking and you do not show up or cancel the booking, the property may impose a no-show or cancellation charge as shown in the relevant Rules and Restrictions and you will be charged the property's no-show or cancellation charge
- if you do not show up or fail to use some or all of the Travel Services booked, refunds may only be due to you in line with the relevant Rules and Restrictions, and
- where a cancellation affects more than one person on a booking (for example, two airline tickets booked on a single itinerary, etc.), any applicable cancellation charge will be applied in respect of each person on the cancelled booking.
If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Travel Provider, then, in addition to any charges imposed by the Travel Provider, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.
Other cancellation or change
We (and the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.
For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the Travel Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible or a refund.
Refund
Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. We do not have visibility of a Travel Provider’s refund process. Our fees are not refundable unless this is stated otherwise during the booking process.
Section 6 Travel Service specific terms
This Section provides details of the terms relevant to the specific Travel Services provided by the Travel Provider. These details are not exhaustive and do not replace the relevant Rules and Restrictions, which are provided to you before you make a booking.
Each Travel Service is subject to the relevant Rules and Restrictions of the Travel Provider. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions prevail.
Stays
Our Service may provide you with the option to Pay Now or Pay Later. Room rates (including any applicable taxes and fees) are displayed to you through our Service under the Pay Now and Pay Later payment options. Please note that taxes and fees may vary depending on which payment option you choose. Tax rates and foreign exchange rates may change in the time between booking and your stay.
Pay Now
If you select the Pay Now payment option, the relevant company (as set out in Section 4 (Payment)) typically will charge the booking amount to your payment method on booking. Your contract for the Pay Now stay is between you and Expedia Travel.
Pay Later
If you select the Pay Later payment option, the Travel Provider will typically charge your payment method in the local currency at the time of your stay or as otherwise notified to you during the booking process. Your contract for the Pay Later stay is between you and the relevant Travel Provider.
Deposit
Some Travel Providers require a payment card or cash deposit at check-in to cover extra expenses incurred during your stay. Such deposit is not related to any payment received by the relevant company (as set out in Section 4 (Payment)) for your booking.
First night no-show
If you do not show for the first night of your stay booking, but plan to check in for the subsequent nights, please confirm this with us before the original check-in date. If you do not confirm this, then your whole booking may be cancelled. Refunds for no-shows will only be due to you in line with the relevant Rules and Restrictions of the property.
Group bookings
You may not book more than 8 rooms through our Service for the same property for the same stay dates. If you book more than 8 rooms in separate bookings, we may cancel your bookings. We may also charge you a cancellation fee and if you paid a non-refundable deposit, such deposit may be forfeited. If you want to book more than 8 rooms then please contact us. You may be asked to sign a written contract or pay a non-refundable deposit.
Ratings
Ratings shown through our Service indicate what you might expect from properties displaying that rating level, including (where applicable) through local and national star rating organisations. These may differ from standards in your own country. Site displayed ratings do not represent or promise any particular feature or amenity. Additional information is available in the “Overview” or “Amenities” section of the property details page. These guidelines are subject to change, and our Group of Companies and our Partners cannot guarantee the accuracy of any specific rating displayed from time to time through our Service.
Meals
If meals are part of your stay booking, the number of meals included depends on the number of nights of your stay. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner. No refunds will be available if one or more meals are not consumed.
Section 7 International travel
International travel
Although most travel occurs without incident, travel to certain destinations may involve more risk than others. You must review any travel warnings/advice, etc. issued by the relevant governments before you book international travel. You should also monitor such travel warnings/advice during travel and before your return journey to help avoid and minimise any potential disruptions.
You may find travel advice and information on restrictions, entry requirements and the level of risk associated with travel to particular international destinations here. You should make sure you are aware of and comply with applicable advice, restrictions and entry requirements.
Health
You should check the recommended inoculations/vaccinations which may change at any time. You should consult your doctor before you depart. You are responsible for ensuring you:
- meet all health entry requirements
- receive the relevant/required inoculations/vaccinations
- take all recommended medication, and
- follow all medical advice in relation to your travel.
Online medical advice for travellers can be found here. Otherwise, for medical advice regarding your journey, please contact your doctor.
Passport and visa
You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications.
Our Group of Companies is not liable if you are refused entry onto a flight or into any country, due to your conduct, including your failure to carry the correct and adequate travel documents required by any Travel Provider, authority or country (including countries you are transiting through). This includes all stops made by an aircraft, even if you do not leave the aircraft or airport.
Passport: You are required to have a valid passport in the country of issue for all holidays offered through our Service.
Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If your passport is in its final year of validity, you must confirm the requirements of the destination before making final travel plans.
The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a Travel Service but before travelling, any member of your party changes their name (for example, as a result of getting married, etc.), you must notify us.
Please visit here for more information regarding passports.
Visa: For information on visa requirements, you are advised to contact the Embassy or Consulate of the country you propose to visit, as well as the Embassy or Consulate of the country you wish to return to, if you are not a citizen of that country.
Some governments require airlines to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when you check in or in some circumstances when you make your booking. Please contact the relevant airline you are travelling with if you have any questions about this.
Our Group of Companies does not represent or warrant that travel to international destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
Section 8 Liability
Liability for the Travel Services
The Travel Providers make the Travel Services available to you.
Where Expedia Travel is the Travel Provider, its liability will be limited to damage caused intentionally and by gross negligence, except for any liability due to damage to life, body and health and unless essential contractual obligations are violated. Essential contractual obligations are to be understood to be those obligations which the contract must guarantee in view of its content and purpose or obligations whose fulfilment mainly facilitates the proper performance of the contract, and upon adherence to which you may regularly rely.
In the case of slight negligence, Expedia Travel is only liable for damage which was contractually typical and foreseeable when concluding the contract.
The limitations on liability are expressly not applicable to claims based on the product liability act and on any legal warranty liability. The same applies when death or damage to body or health occurs as a result of damage.
Where Expedia Travel´s liability is excluded, this also applies to the personal liability of our employees, legal representatives and vicarious agents.
The liability of other Travel Providers to you will be as set out in the relevant Rules and Restrictions.
Our liability
We own and operate our Service and the Travel Providers provide the Travel Services to you.
To the maximum extent permitted by law, we and our Partners will not be liable for:
- any such Travel Services that the Travel Providers make available to you
- for the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers, or
- for any personal injuries, death, property damage or other damages or expenses resulting from the above.
The Travel Providers provide us with information describing the Travel Services. This information includes Travel Service details, photos, rates and the relevant Rules and Restrictions, etc. We display this information through our Service. The Travel Providers are responsible for ensuring that such information is accurate, complete and up to date.
Our Group of Companies and our Partners will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies (and this also includes property ratings which are intended as guidance only and may not be an official rating). Our Group of Companies and our Partners make no guarantees about the availability of specific Travel Services.
Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodation only.
To the maximum extent permitted by law, except as expressly set out in these Terms:
- all information, software, or Travel Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and
- our Group of Companies and our Partners disclaim all such warranties and conditions.
The display of Travel Services through our Service is not an endorsement or recommendation of such Travel Services by our Group of Companies or our Partners. Our Group of Companies and our Partners disclaim, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.
Our liability (if any) will be limited to damage caused intentionally and by gross negligence, except for any liability due to damage to life, body and health and unless essential contractual obligations are violated. Essential contractual obligations are to be understood to be those obligations which the contract must guarantee in view of its content and purpose or obligations whose fulfilment mainly facilitates the proper performance of the contract, and upon adherence to which you may regularly rely.
In the case of slight negligence, we are only liable for damage which was contractually typical and foreseeable when concluding the contract.
The limitations on liability are expressly not applicable to claims based on the product liability act and on any legal warranty liability. The same applies when death or damage to body or health occurs as a result of damage.
Where our liability is excluded, this also applies to the personal liability of our employees, legal representatives and vicarious agents.
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of our Group of Companies and our Partners.
Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
Consumers have certain statutory rights. The exclusions and limitations contained in these Terms apply only to the extent permitted by law.
Indemnity
You agree to indemnify our Group of Companies and our Partners and any of their officers, directors, employees and agents from and against any claims, including but not limited to, reasonable legal fees, as a result of culpable conduct on your part.
Section 9 Intellectual property policies and notices
Copyright and trademark notices
All contents of our Service are ©2023 Expedia, Inc. All rights reserved. Expedia, Expedia.com, the Expedia Logo, Expedia Rewards, and the Airplane Logo, among others, are trademarks or registered trademarks of Expedia, Inc. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.
The Google® Translate tool is made available through our Service to enable you to translate content, such as user-generated reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. We do not make any promises, assurances or guarantees on the accuracy or completeness of the translations provided by Google® Translate.
Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property infringement policy and complaints
We respect the intellectual property rights of others and expect our suppliers, partners, and users (collectively “Users”) to do the same. We have a policy of prohibiting Users from posting materials that infringe the copyright, trademark rights, or other intellectual property rights of others, and under appropriate circumstances we will terminate the account of Users who are repeat infringers. The requirements and instructions for filing copyright and trademark complaints can be found in the “Intellectual Property Infringement Complaints and Forms” located here.
Patent notices
One or more patents owned by us or our Group of Companies may apply to our Service and to the features and services accessible through our Service. Portions of our Service operate under licence of one or more patents. Other patents pending.
Section 10 Software available on our Service
Software
Any software made available to download from our Service or a mobile app store ("Software"), is the copyrighted work of our Group of Companies or our respective suppliers. Your use of the Software is governed by the terms of the end user licence agreement (if any) which accompanies the Software ("Licence Agreement"). You must first agree to the Licence Agreement to install, download or use any Software.
For any Software not accompanied by a Licence Agreement, we grant you a limited, personal, non-exclusive, non-transferable and non-sub-licensable licence to download, install and use the Software for using our Service in line with these Terms and for no other purpose. The Software is provided to you free of any fees or charges.
All Software (such as all HTML code and Active X controls, etc.) contained on our Service, is owned by our Group of Companies, our Partners or our respective suppliers. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is prohibited by law and may result in severe civil and criminal penalties. Anyone who violates this will be prosecuted.
Without limiting the above, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the Licence Agreement.
Map terms
Your use of mapping available on our Service is governed by the Google Terms of Use, Google Acceptable Use Policy, Google Legal Notices and Google Privacy Statement and the Microsoft Terms of Use and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion.
OpenStreetMap geo data used in mapping is © OpenStreetMap contributors and available under the Open Database Licence (ODbL).
Section 11 Your privacy and personal information
We are committed to the privacy, confidentiality, and security of personal information entrusted to us.
Please review our current Privacy Statement.
Section 12 Contact us and complaints
Traveller support and the handling of complaints
We are here to help you with any queries or complaints you have in relation to your booking.
For answers to commonly asked questions, or to contact us via our chat function, visit our Support page here. For queries or complaints whilst you are away, please contact us here or call us on 69945192147
Following a problem with your booked Travel Service, if you raise a complaint or are entitled to compensation by the Travel Provider, then we will assist you and the Travel Provider to try to resolve the problem.
Please raise any issues you experience with your booked Travel Service to us, or to the relevant Travel Provider, before or during your trip where possible. This will enable us to try to resolve the issue at the earliest opportunity and limit any damage suffered by you. If you do not raise an issue before or during your trip where this would have been possible, this may deprive us and the Travel Provider the opportunity to investigate and rectify your issue whilst you are away. This may affect your rights under these Terms, including reducing any compensation due, potentially to zero.
If you are unable to raise an issue with your booked Travel Service before or during your trip (for example, the issue occurred on the inbound journey), please raise to us, or to the relevant Travel Provider, as soon as possible after your trip. You are encouraged to raise any complaints within 30 days after travel.
Hard copy complaints should be sent to either:
- the Travel Provider providing the Travel Service, at the address set out on the page where you complete your booking; or
- to us, at the address below:
Expedia, Inc.
1111 Expedia Group Way West
Seattle WA 98119
USA
Expedia.de
c/o Telepeformance
Av Alvaro Pais 2
1600-873 Lisboa
Portugal
(with a copy to: service@chat.expedia.de)
European Commission’s Online Dispute Resolution Platform
The European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr. We are not obliged and do not participate in dispute resolution proceedings before a consumer arbitration body.
Illegal content and security matters
If you suspect content on our Service could be illegal please send us an email at eunotifications@expedia.com explaining as precisely as possible, why you consider the content to be illegal. Please also indicate the specific URL in order to identify the content.
Section 13 General
Governing law and jurisdiction
The law of the Federal Republic of Germany applies. If you used our Service or made a booking as a consumer and your usual place of residence was in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law in the first sentence of this paragraph. If you are a merchant or do not have a permanent residence within the Federal Republic of Germany, then the place of jurisdiction is Munich.
Insurance
Unless otherwise stated, prices displayed do not include travel insurance. You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain risks (such as the cost of repatriation in the event of an accident or illness). You are responsible for ensuring that any insurance policy taken out adequately covers your requirements. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information and terms and conditions will be shown on our Service.
Failure to invoke
Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.
Unenforceable provisions
If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.
Entire agreement
These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service.
Assignment
We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms, except for monetary claims or in case we have no legitimate interest in the exclusion of assignment or in case your legitimate interest in the assignability of the right outweighs our legitimate interest in the exclusion of assignment.
Third-party rights
Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.
Survival of obligations
Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.
Section 14 Registrations
New York State tax registration
New York sales taxes and New York City occupancy taxes, where applicable, are due on your property stay. For Pay Now stay bookings, Travelscape, LLC’s New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960.
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