5* Sun Siyam Iru Fushi Maldives

Hello and welcome! We are glad that you are taking the time to read these booking terms and conditions (the “Terms”).

These Terms are important as they, together with your booking confirmation email (the “Booking Confirmation”), relate to your Booking of Travel Services made through the Affiliate Site. They also cover any interactions or communications you may have with us.

To book a Travel Service, you must accept these Terms. If you do not accept these Terms, then please do not book a Travel Service.

We recommend that you save or print a copy of these Terms when you make a Booking.

Section 9 of these Terms (Traveler support, disputes and arbitration) below contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read them carefully.

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

“Affiliate” refers to our marketing affiliate who operates the Affiliate Site

“Affiliate Site” refers to the Affiliate’s website, app, or booking tool, which acts as an interface between you and the Travel Providers, through which you can book a Travel Service

“Booking” refers to a booking of a Travel Service made through the Affiliate Site

“Our Group of Companies” refers to us, and our subsidiaries and corporate affiliates

“Travel Provider” refers to the travel supplier making available the Travel Services to you through the Affiliate Site

“Travel Services” refers to the travel services made available by our Group of Companies and supplied by the relevant Travel Provider(s) for booking through the Affiliate Site, such as stays at a property or car rental.

“Traveler Support” refers to the traveler support made available in respect of your Booking (being either the Affiliate’s traveler support providers or our traveler support providers), the contact details of whom are set out on the Affiliate Site, and

“you” refers to you, the person making a Booking.

Please read these Terms carefully.

Section 1 Rules and Restrictions

As well as these Terms, there are other terms and conditions provided by Travel Providers which apply to your Booking (“Rules and Restrictions”).

The relevant Rules and Restrictions of the Travel Provider you select will be provided to you during the booking path (for example change and cancellation policies, property check-in and check-out times). To make a booking, you must read and accept the Travel Provider's Rules and Restrictions, as well as these Terms, which together govern your Booking.

If you violate a Travel Provider's Rules and Restrictions, your Booking may be canceled, and you may be denied access to the relevant Travel Service. You may also lose any money paid for such Booking depending on the Travel Provider’s Rules and Restrictions.

Section 2 Our rules

The Affiliate Site is operated by the respective Affiliate and any concerns about the Affiliate Site (including your usage of it, or, where the Affiliate takes payment at the time of your Booking, such payment) should be addressed to the Affiliate.

In some cases, the Affiliate may charge its own additional booking fees. If you have any questions about any such fees, please contact the Affiliate. Our Group of Companies is not associated with, or responsible for, any such fees.

To make a Booking you agree that:

you will only make a Booking for personal and non-commercial purposes.
you must be at least 18 years of age and have the legal authority to enter into contracts.
all information supplied by you is true, accurate, current and complete.
if you book on behalf of others, you will:obtain their authorization prior to acting on their behalf.
inform them about these Terms (including the Rules and Restrictions) and ensure that they agree to, and will comply with, such terms, and
be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the Booking, and
you will not make any false or fraudulent Booking.
 

In respect of any content or information (including, any photographs) displayed on the Affiliate Site in respect of any Travel Services (“Content”), you also agree not to:

access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process.
use the Content for any commercial purpose.
bypass or circumvent measures employed to prevent or limit access to the Content, or
"frame," "mirror" or otherwise incorporate any part of the Content into any other website or application.
 

Section 3 Confirming a Booking

Your Booking Confirmation includes the essential elements of your Booking, such as the description of the Travel Service(s) booked and the price.

Your Booking Confirmation and any relevant travel documents will be sent 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 the Affiliate.

Section 4 Payment

Price

The price of the Travel Service(s) will be as displayed on the Affiliate Site, 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 reserve the right to correct any pricing errors.

If there is an obvious error and you have made a Booking, you may keep your Booking by paying the correct price, or your Booking may be cancelled without penalty. Neither we nor the Affiliate have any obligation to honor Bookings made at an incorrect (lower) price even after you have been sent a Booking Confirmation if the error should reasonably have been apparent to you.

Taxes

The prices of the Travel Services displayed through the Affiliate Site 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 of the Travel Services displayed through the Affiliate Site before any discounts (including those funded by us), coupons and loyalty rewards that may be applicable to your Booking, unless those discounts, coupons and loyalty rewards are considered as a reduction in price for the purposes of calculating or estimating taxes in the relevant jurisdiction for the Booking.

You acknowledge that except as provided below with respect to tax obligations on the amounts received from you, including facilitation fees and service fees where applicable in accordance with Section 6.A of these Terms (Stays) below, our Group of Companies does not collect taxes for remittance to applicable taxing authorities.

The tax recovery charges on Pay Now (as defined in Section 6.A of these Terms (Stays) below) Bookings are a recovery of the estimated taxes that our Group of Companies pay to the Travel Provider for taxes due on the services provided by the Travel Provider (such as for the rental rate for the room). The Travel Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by jurisdiction. The actual amounts paid by our Group of Companies to the Travel Providers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the services provided by the Travel Provider.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that our Group of Companies charge for services they provide (service fee and/or facilitation fee) in certain jurisdictions. The actual amount imposed on services provided by our Group of Companies may vary depending on the rates in effect at the time the services are provided by the Travel Provider. In certain jurisdictions, our Group of Companies is responsible for collecting and remitting sales, use, value-added tax (or equivalent) and/or local hotel occupancy taxes for the entire price, including the amounts we charge for our services as well as the Travel Services provided by the Travel Provider.

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, the Affiliate (on our Group of Companies’ behalf), or the Travel Provider may charge you such local taxes. The Affiliate (on our Group of Companies’ behalf) 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

When payment is taken at the time of your Booking (referred to as “Pay Now” as defined in Section 6.A of these Terms (Stays) below), the company taking that payment (via third-party payment processors) and charging your payment method will be either: 

the Affiliate (acting on our Group of Companies’ behalf), or
the relevant company, as set out next to the relevant currency in the table below:
 

Currency
Our company taking payment

USD, CAD, COP, KWD, ARS

 Travelscape, LLC., USA

EUR, NOK, DKK, SEK, ILS

 Travel Partner Exchange S.L., Spain

GBP       
Travel Partner Exchange UK Limited, UK

AUD      
Travelscape, LLC., Australia

NZD       
Travel Partner Exchange New Zealand Limited, New Zealand

BRL        
Expedia do Brasil Agencia de Viagens e Turismo LTDA, Brasil

MXN      
Expedia México, S de R.L. de C.V., México

INR         
Hotels.com India Private Limited, India

Travel Partner Exchange Singapore Pte. Ltd., Singapore

Travel Partner Exchange S.L., Spain

KRW      
Travel Partner Exchange Korea Co. Ltd, South Korea

JPY         
Travel Partner Exchange Japan KK, Japan

CNY, SAR, IDR, AED, TRY, TWD, ZAR, PHP, VND

Travel Partner Exchange S.L., Spain

Travelscape, LLC., USA

THB, MYR            

Travel Partner Exchange S.L., Spain

Travel Partner Exchange Singapore Pte Ltd, Singapore

HKD
Travel Partner Exchange Hong Kong Limited, Hong Kong

CHF       
Travel Partner Exchange Switzerland Sarl, Switzerland

SGD      

Travel Partner Exchange Singapore Pte Ltd, Singapore

Notwithstanding the governing law and jurisdiction paragraph in Section 10 of these Terms (General), where one of the companies (as set out in the table above) takes your payment 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 information when one of the companies (as set out in the table above) takes payment from you.

Payment verification

Depending on who charges your payment method, you authorize:

the Affiliate,
the relevant company (as set out in the table above), or
the Travel Provider,to verify your payment method by obtaining a pre-authorization, 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 currency of the Affiliate Site, 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 with, or responsible for, any fees relating to varying exchange rates and card issuer fees.

Currency conversion

Any currency conversion rates displayed on the Affiliate Site in respect of the Travel Services 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 our Group of Companies does not guarantee the accuracy of such conversion rates because they are not within our control.

Fraud

If a Booking shows, in our reasonable view, signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we or the Affiliate may request additional information from you.

If:

we reasonably conclude that a Booking is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, or
you do not provide us with extra information as we may request in the case of a Booking showing signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may cancel any Bookings associated with your name, email address, and take legal action, including to seek to hold you liable for any loss.

Please contact Traveler Support about the cancellation of a Booking.

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 Traveler Support.

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 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.

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, the Affiliate or us. If this happens, we or the Affiliate will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible or a refund.

Refund

Where the Affiliate (or its third-party payment processor) collects payment from you at the time of Booking, please liaise with Affiliate to enquire about their refund process.

Where the relevant company (as set out in the table in Section 4 of these Terms (Payment) above) collects payment from you at the time of Booking, 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.

Where the Travel Provider collects payment from you at the time of stay, please liaise with the relevant Travel Provider to enquire about their refund 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 may be offered separately or as part of a package and 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.

For the purposes of these Terms and any booking made on the Affiliate Site, neither we, nor any member of our Group of Companies, are/is:

an organizer or retailer of travel packages, or
acting as a trader and/or facilitator for the purpose of linked travel arrangements under Directive (EU) 2015/2302 (Directive on Package Travel and Linked Travel Arrangements).

A.             Stays

The Affiliate Site may provide you with the option to Pay Now or Pay Later (as defined below). 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 to pay for a booked Travel Service at the time of your Booking (“Pay Now”):

the Affiliate, or
the relevant company (as set out in the table in Section 4 of these Terms (Payment)), typically will charge the booking amount to your payment method on Booking.

Our Group of Companies facilitate bookings of Travel Services displayed through the Affiliate Site. You acknowledge that our Group of Companies facilitate such bookings for a consideration (the “facilitation fee”). The room rate displayed through the Affiliate Site in respect of Travel Services is a combination of the amount charged by the Travel Provider (for their services for the rental of the room) and the facilitation fee (charged and retained by our Group of Companies). Our Group of Companies may also charge and retain additional separate service fees as additional consideration in servicing your Booking, which may vary based on the amount and type of booking.

For a Booking you agree that your payment method will be charged by our Group of Companies or the Affiliate for the total booking amount, which includes the room rate displayed through the Affiliate Site, plus tax recovery charges and service fees or, where applicable, taxes on the room rate and/or services provided by our Group of Companies. On making your Booking request you authorize our Group of Companies to facilitate the Booking on your behalf, including making payment arrangements with Travel Providers.

Pay Later

If you select to pay for a booked Travel Service during your stay (“Pay Later”), the Travel Provider typically will charge your payment method in the local currency at the time of your stay or as otherwise notified to you during the booking process.

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 Affiliate or the relevant company (as set out in Section 4 of these Terms (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 the Travel Provider 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 Travel Provider.

Ratings

Our Group of Companies cannot guarantee the accuracy of any specific rating displayed through the Affiliate Site.

B.             Cars

Payment

For certain bookings, payment for your car rental booking may be charged by the Travel Provider, not our Group of Companies or the Affiliate.

When you collect your rental car, you/the driver must present your/their valid credit card. You must check with the Travel Provider which credit cards they accept. Debit cards are not accepted. The Travel Provider may submit an authorization request to your credit card issuer during the rental period by way of a deposit. You/the driver should ensure you have a sufficient credit limit for this purpose. Some larger car types may require two credit cards.

If you do not follow the above rules, the Travel Provider may not make the vehicle available to you and you may, subject to the Rules and Restrictions, be required to pay an amount up to the full price of car rental Travel Services.

Supplements

Extra charges may be payable by you locally to the Travel Provider. For example, these charges may cover refueling, snow tires, additional driver charges, young driver surcharges, child seats and delivery and collection fees, etc. We and the Travel Provider are not responsible for paying such extra charges. Requests for optional extras (such as child seats) cannot be guaranteed as they are subject to availability.

An insurance excess amount may be applicable in the event of theft of, or damage to, the rental car and payable by you to the Travel Provider. This will vary depending on the Travel Provider and rental country. Purchase of optional extra insurance coverage by you locally can remove/reduce the applicable excess. We and the Travel Provider are not responsible for any excess payable or the provision of extra insurance coverage.

Fuel is not usually included in the rental price. In some countries, some Travel Providers may charge you for refueling when the vehicle is returned. Unless agreed otherwise, you must return the rental car to the same branch of the Travel Provider from which it was collected.

Collection and use of rental cars

Drivers must usually be aged between 21 and 75, although this can vary depending on the relevant Travel Provider and rental country. You are responsible for checking this with the Travel Provider. Extra charges may apply if a driver is aged below 25 or over 70.

When you collect your rental car, you/the driver must present your/their full valid driving license for the category of vehicle rented. International rentals may have different driving license requirements. Please check what exact documentation is required by the Travel Provider. For example, if the drivers' license is not in the Roman alphabet, an international driving license is required and, if picking up the vehicle in an EU country, an international driving license is required for those whose driving license is not issued in the EU. Extra documentation, such as a passport or up to two forms of proof of name and address, may also be required.

Typically, you will not be permitted to take your rental car outside of the rental country, or on ferries, and additional restrictions may apply.

Cancellation of bookings and unused rental days

No refunds will be offered on bookings cancelled within 6 hours of collection time or for any unused rental days.

C.         Things to do

Some Travel Providers offering Things to do may require you to sign their liability waiver prior to participating in the Travel Service they offer.

Things to do Travel Services are not usually transferrable or eligible for refunds or changes unless the Travel Provider cancels such Travel Services.

Section 7 Liability

Our liability

To the maximum extent permitted by law and subject to the exceptions and limitations in these Terms, our Group of Companies accepts no liability for: 

any such Travel Services that the Travel Providers make available to you.
the acts, errors, omissions, representations, warranties or negligence of any such Travel Providers, or
any personal injuries, death, property damage or other damages or expenses resulting from the above.
 

The Travel Providers provide the information describing the Travel Services. This information includes Travel Service details, photos, rates and the relevant Rules and Restrictions, etc. This information is displayed through the Affiliate Site. The Travel Providers are responsible for ensuring that such information is accurate, complete and up to date. Our Group of Companies will not be liable for any inaccuracies in such information, unless and only if our Group of Companies 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 makes no guarantees about the availability of specific Travel Services.

Photos and illustrations relating to the Travel Services on the Affiliate Site are provided as a guide to show you the level and type of accommodation only.

The display of Travel Services through the Affiliate Site is not an endorsement or recommendation of such Travel Services by our Group of Companies.

Our Group of Companies disclaims, to the maximum extent permitted by law, all warranties and conditions that:

our servers or any email sent from our Group of Companies are free of viruses or other harmful components, and/or
any materials or content contained in our servers, or any email sent from our Group of Companies will be uninterrupted or error free or that defects will be corrected.

To the maximum extent permitted by law and subject to the limitations in these Terms, our Group of Companies will not be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:

the Travel Services,
the use of the Affiliate Site,
any delay or inability to use the Affiliate Site, or
your use of links from the Affiliate Site, whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if our Group of Companies has been advised of the possibility of such damages.

If our Group of Companies is found liable for any loss or damage under these Terms, then, subject to the exceptions and limitations in these Terms and to the maximum extent permitted by law, our Group of Companies shall only be liable to you for direct damages that were:

reasonably foreseeable by both you and our Group of Companies,
actually suffered or incurred by you, and
directly attributable to the actions our Group of Companies.
 

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in these Terms 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.

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.

Indemnity

You agree to fully compensate our Group of Companies, its employees, and other people officially acting on its behalf, for any damages, losses, fines, costs or expenses (including reasonable legal and accounting fees), of any kind (“Losses”) that they incur or are liable for as a result of a claim being alleged or brought against them by a third party because of:

your breach of these Terms or the documents referenced in them.
your violation of any law or the rights of a third party, and/or
your use of the Affiliate Site, or the Travel Services booked through the Affiliate Site but only to the extent that the Losses are not directly caused by the actions of our Group of Companies.

You will cooperate as fully as reasonably required if our Group of Companies is defending a claim.

We reserve the right to defend and take full control of any matter or claim that you are fully compensating our Group of Companies (and its employees, and other people officially acting on its behalf) in respect of, and you agree not to settle any matter or claim without our written consent.

We will promptly provide notice to you of any such claims.

Other

If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.

Section 8 Your privacy and personal information

We are committed to the privacy, confidentiality and security of personal information entrusted to us. We will collect and process your personal information in accordance with our Privacy Statement when one of the companies (as set out in the table in Section 4 of these Terms (Payment) above) takes payment from you.

For more information about how we process your personal information and how you can exercise your rights, please review our Privacy Statement.

You agree that you will protect Travel Providers’ and other third parties’ personal information with the same degree of care that you protect your own confidential information (using, at minimum, a reasonable standard of care) and, to the maximum extent permitted by law, you assume all liability for the misuse, loss or unauthorized transfer of such information.

Section 9 Traveler support, disputes and arbitration

Disputes and arbitration

Please read this Section carefully. It requires that any and all claims 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. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.

We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and we each retain the right to seek relief in small claims court as an alternative to arbitration.

Agreement to arbitrate (“Arbitration Agreement”)

You and we mutually agree that any disputes between us arising out of or relating in any way to your Booking, these Terms, our Privacy Statement, any services or products provided by us or any of our subsidiaries, Travel Providers, or companies offering products or services through us, any dealings with our Traveler Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Travel Providers, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

Small claims court matters.

Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration are within the small claims court’s jurisdictional limit, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.

No class actions or representative proceedings

You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.

Arbitration rules and governing law

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Washington, regardless of conflict of laws principles,  except for claims arising in the state of California in which event, the arbitrator shall apply the law of California.  The FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.

Mandatory pre-arbitration dispute resolution and notification

Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.

You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department/Dispute Resolution Provision, Expedia, Inc., 1111 Expedia Group Way West, Seattle, WA 98119.

The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.

If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.

Commencing arbitration

To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.

A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department/Arbitration Demand, Expedia, Inc. 1111 Expedia Group Way West, Seattle, WA 98119 concurrent with filing the Demand with AAA.

Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.

Attorneys’ fees and costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Arbitrator’s decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Severability and survival

If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

Traveler Support and the handling of complaints

Queries or requests for information or complaints during a trip should be sent to the Traveler Support contact details listed on the Affiliate Site.

Complaints made post travel should be sent by email to Traveler Support, which will receive complaints on behalf of the Travel Providers.

Please raise any issues you experience with your booked Travel Service to Traveler Support, or to the relevant Travel Provider, before or during your trip where possible. This will help enable Traveler Support 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 Traveler Support 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, please raise to Traveler Support, 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.

Section 10 General

Governing law

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to principles of conflicts of laws.  

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.

Failure to invoke.

Our failure or delay enforcing 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 your Booking. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about your Booking.

Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms. However, we will not do so in such a way as to reduce any rights or guarantees you have under these Terms.

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 11 Registrations

Seller of Travel: Expedia, Inc. is a registered seller of travel in each of the states listed below:

California registration number: 2029030-50
Florida registration number: ST31901
Hawaii registration number: TAR-5461
Washington registration number: 601975803

Registration as a seller of travel in California does not constitute the State’s approval.

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.

Please click below for additional information:

New York State certificate

New York City certificate