Terms & Conditions Hotel Pronto
HotelPronto

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Terms and Conditions

HotelPronto is a trading name of TotalStay Limited (described in these terms as "TS" “HotelPronto” or “The Totalstay Group”), registered in England & Wales with company number 03709151. Our registered address is 64 New Cavendish Street, London W1G 8TB.

Before you click on the ‘Confirm’ button at the end of the booking process, please ensure that you have carefully read all the terms and conditions. By clicking on the ‘Confirm’ button you are committing to be bound by these terms and conditions.

If you have any queries about these terms and conditions, please email us at customercare@hotelpronto.com

We act as an agent in respect of all bookings we take and/or make on your behalf. For all arrangements, your contract will be with the supplier of the arrangements in question (the ‘Supplier(s)’).When making your booking we will arrange for you to enter into a contract with the Supplier(s) of the arrangements. Your booking with us is subject to these Agency terms and conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you. Copies of applicable conditions are available on request from the supplier. As Agent, we accept no liability in relation to any contract you enter into or for any accommodation or other arrangements you purchase (“Arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with your booking.

By booking with us you agree that:-

a. you have read the terms and conditions set out in this document and agree to be bound by these terms and conditions;

b. you consent to our use of your information in accordance with our Privacy Policy;

c. you are over 18 years of age and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.

1. Booking Procedure

Once you have hit the ‘Confirm’ button and HotelPronto have sent you the booking confirmation, you will be entering in to a legally binding contract with the accommodation provider. At this point, you are authorising HotelPronto, as agent for the accommodation provider, to debit your credit or debit card for the total amount of the booking. The card will be charged by The Totalstay Group. By proceeding to book accommodation and/or other services through the site, you accept that you will be entering into a contract with the accommodation provider on their standard terms and conditions. If they are provided we will endeavour (but undertake no liability to do so) to make copies of the accommodation provider's terms and conditions available to you.

Once you arrive at the confirmation screen, we advise you to print this off for your records before your email confirmation comes through.

It is your responsibility to check all details of the booking including arrival date, departure date, number of nights, hotel name and rooms booked. The accommodation provider needs to be informed immediately of any errors as we cannot guarantee to be able to make corrections at a later date.

2. Booking Confirmation

Your voucher will be emailed to you and must be printed off and presented when you check in at the hotel. Failure to do this may lead to the hotel refusing your booking &/or requesting an additional direct payment for the cost of your stay. This email voucher is your proof that the hotel booking has been prepaid. Please do not allow the hotel to charge you if you know you have already prepaid – please contact us first so we can endeavour to resolve any dispute directly with the hotel.

3. Payment

As stated above, payment must be made in full at the time of booking. Payment methods other than those mentioned on this site cannot be accepted for your booking. The total amount for your stay will be shown to you on the confirmation screen and printed on your email confirmation. Any extras which you decide to use during your stay at the hotel will be payable directly to the hotel. Should you see a published rate for the room during your stay which is lower than the price you paid on HotelPronto, please check with the hotel that all inclusions are the same as they are in the HotelPronto rate which are room, taxes, breakfast and local taxes (unless otherwise specified) and that there are no trade fairs or local festivals during the period of your stay. You acknowledge that during these periods HotelPronto has no control over higher rates that hotels may charge. Please also note that some hotels in other countries may also charge local or other taxes, payable upon check-in, which may not be included in the payment you have made to HotelPronto. We will endeavour to inform you of any additional charges that may apply wherever possible.

Fraud prevention is very important to TotalStay Group. Our system randomly selects reservations that are taken through a security check.

We may ask you to provide additional information such as a copy of the credit card used to book the reservation. In the event that we do request this we will ask you to provide the copy with the first six and last four digits of the PAN (card number) visible only. We do not store this data on file once the security check is complete. The data is disposed of securely.

Failure to provide the requested documentation will delay the security check confirmation and may result in (auto)cancellation.

We reserve the right to cancel a booking if we believe a credit card has been used fraudulently for payment.

4. Payment Security

HotelPronto uses secure technology when you provide us with your personal details and credit card information. The technology used is SSL (Secure Sockets Layer) which is encryption technology recognised worldwide so you can feel safe entering your details on HotelPronto.

5. Insurance

You are strongly recommended to take out personal travel insurance for all members of your party. Most suppliers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you.

6. Special requests and medical requirements

If you have any special requests please tell us at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.

If you or any member of your party has any medical problem or disability which may affect your booking, it is a condition of booking through us that you provide us with full details before we confirm your booking. If the Supplier is unable to properly accommodate the needs of the person(s) concerned, we will not be able to confirm your booking. If you did not give us full details at the time of booking, we, on behalf of the supplier, will cancel your booking and impose applicable cancellation charges as soon as we become aware of these details. It is also your responsibility to make the Supplier fully aware of your medical requirements or special dietary requirements upon arrival as an additional safeguard.

7. Amendments by you

To make any amendments to your booking, please either do so online at our web site or contact us by e-mail at customercare@hotelpronto.com. All amendment requests must be received in writing and are subject to availability and a £20 amendment fee. Whilst we will try to assist, and liaise with the Supplier on your behalf, we cannot guarantee that such requests will be met. If you need to change your dates of travel, there may be other rates valid for the new dates requested. If the hotel cannot accommodate your requested amendment, your booking will automatically revert to its original status although HotelPronto will always endeavour to offer a suitable alternative.

Should you wish to check out of the hotel earlier than expected, please obtain a check-out slip from reception / front desk. Also contact us as soon as possible after check-out in order for us to begin the request for a refund for the unused nights. If the hotel staff confirm any refund, please ensure that you get this in writing to assist us in resolving any potential dispute.

8. Cancellations by You

As soon as you become aware of the fact that you will no longer be travelling, please inform us immediately. No shows are subject to charges from the hotel, however a speedy request for a refund could lead to a more satisfactory outcome.

To cancel your booking online, log in to the ‘My Account’ section of the HotelPronto website. Click on the ‘View/Amend’ link next to your booking to request cancellation. Click on the 'Cancel' link. You will be shown a screen which summarises any cancellation charges which may apply. If you wish to proceed with the cancellation, click the ‘Confirm Cancellation’ button. If you do not wish to proceed at this point, click the ‘Undo’ button. Your cancellation will not be processed until you click the ‘Confirm Cancellation’" button. If you do not click the ‘Confirm Cancellation’ button and you do not arrive at the hotel, your booking will be treated as a "No Show" and your booking will be charged in full. Once we have received your cancellation, an email to confirm this will be sent to you automatically.

You can also cancel your booking by contacting HotelPronto by email at customercare@hotelpronto.com quoting your HotelPronto booking reference. Any cancellation may be subject to cancellation charges which are determined by the accommodation provider. We will endeavour to advise you of any cancellation charges that may apply as soon as possible.

You must check the specific cancellation charges applicable to your booking. These will be displayed in the basket information on the payment page of your booking, and on your confirmation document. All cancellations must be received either by submitting the cancellation online in the manner described above or via email to HotelPronto. It is your responsibility to ensure that all cancellation requests are correctly submitted.

If you are going to arrive after 17h00 at the hotel, it is advisable to call them (the phone number is indicated on your email confirmation) and let them know. Should you fail to arrive at the hotel on the first night of the booking, the whole booking will be cancelled and you will be charged 100% for the booking.

9. Changes and Cancellations by the Supplier

If the accommodation provider alters or cancels your booking, provided we are informed by them, we will inform you as soon as reasonably possible and will seek to ensure that the relevant hotel looks after any change of accommodation as quickly and efficiently as possible. It may not always be possible for us to notify you of any change before your departure. In the event of a cancellation by the accommodation provider, we have no liability to you to make refunds or pay any compensation.

We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However there may be occasions when errors occur, such as a price, product or service or other detail being displayed or presented incorrectly. In this case we reserve the right to cancel the booking at which time a full refund will be made to you.

10. Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. As Agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence.

11. Complaints

If you have a complaint during your stay, any queries or concerns should be addressed to the management or other representative of the Provider immediately during your stay. Should they not resolve your complaint, please contact us immediately on our emergency number which is indicated on your hotel voucher.

If you fail to follow this procedure there will be less opportunity for us and the Provider to investigate and rectify your complaint. The amount of compensation you may be entitled to from the Provider may therefore be reduced as a result. It will assist if you gather as much evidence as possible e.g. photographs/ receipts.

Please also note that neither we nor the Provider will be held liable for any additional charges incurred by you if alternative accommodation is sourced without our knowledge or authorisation.

Should your still feel that the complaint has not been resolved, please forward your complaint in writing with full details of any actions you have already taken to customer.support@totalstay.com within 7 days of your return. TS will abide by the following timescales:

i. an acknowledgement sent within three working days

ii. a progress update within 14 working days

iii. a substantive reply and conclusion within 28 working days

Please note that all assistance given by TS in relation to complaints is by way of goodwill gesture in our capacity as agent for the Provider. The Provider agrees that TS may handle complaints on their behalf as set out above, however no refunds and compensations payments shall made to you unless we are expressly authorised to do so by the Provider.

12. Hotel Facilities

You acknowledge that the availability of the facilities and features listed for each hotel are under the direct control of the hotel and as such HotelPronto cannot be held responsible if those facilities or features are not made available to you during the period of your stay. If a facility or feature is of particular importance to you, then you should check with HotelPronto or the hotel that this facility or feature will be available during your dates of stay. Please note that, in particular, swimming pools and air conditioning may only be available seasonally and it is your responsibility to check whether these facilities will be available during your stay.

You acknowledge that the inclusion in the hotel's facilities of car parking, means that a provision is made by the hotel for car parking. You acknowledge that the availability and cost of the car parking is determined by the individual hotel. It is your responsibility to check the availability and cost of the car parking provided by each hotel. The contact details of each hotel which may be booked via this website are set out in this web site.

It is your responsibility when making the booking to ensure you have booked the correct room type for your needs. All details of the room types and the number of people that can be accommodated in the room are available on the search screen and should be double checked on your email confirmation. Room types available are as follows: -

• Single - Contains one single bed. Suitable for one person. Please note that if your booking is at a Hostel then a Single MAY denote a single bed in a dormitory room.

• Twin - Suitable for two people. Please note that twin rooms are not always available in the US.

• Double - Contains one double bed or two single beds made up as a double. Suitable for two people. In the US and Canada, a double room MAY contain two double beds and so can accommodate up to 4 people.

• Double for sole use - Contains two single beds or one double bed. Suitable for one person.

• Triple - Contains one twin or double bed + extra bed or 2 double beds. Most hotels do not have one full size bed for each guest. Suitable for 3 people.

• Quad - Suitable for four people. Please note that the room may not contain four single beds. Room may contain two double beds.

• Child Bed - Often a roll away bed, suitable for a child under the age of 18 years.

• Cot - Cradle or crib suitable for a child under the age of 2 years.

Please be aware that room type and size will vary from country to country. Additionally, the availability of Child Beds &/or Cots is not guaranteed and will vary from hotel to hotel. Please also note that we are not responsible for external issues beyond the hotel’s control such as local building works.

13. Ratings and Standards of Service.

All ratings are as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect. Standards and ratings may vary by supplier. We cannot guarantee the accuracy of any ratings given.

14. Documentation & Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier(s) in question and are intended to present a general idea of the services provided. Not all details of the relevant services can be included. All products and services shown are subject to availability. If you require any further details please contact us providing details of the additional information needed.

Photographs and images can be an indicative and/or generic representation. HotelPronto makes every effort to ensure images used are indicative of the product being sold and are up to date, however we cannot guarantee their accuracy. Photos are not necessarily of the specific rooms allocated to guests and could be of different room types than those booked, e.g. standard, superior, deluxe etc.

15. Force Majeure

Force majeure means that neither we nor the Supplier will pay you compensation if we have to cancel or change your booking in any way because of unforeseeable circumstances beyond our control. These can include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather, sea and ice conditions.

16. Law and Jurisdiction

In so far as we have any liability to you for any matter that arises out of our obligations to you as agent, then any proceedings will be governed in all respects by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Your contract with the Principal will be governed by and subject to the law and jurisdiction of the country in which the Principal is based, or such other country as specified within their terms and conditions.

17. Privacy Policy

To view our Privacy Policy please click here

EAN Travel Products – Terms of Use

In these Terms and Conditions of Use (“Terms of Use”), the term "Affiliate" refers to any travel agent and/or any representative of a travel agent accessing the travel products made available from time to time by Travelscape LLC or VacationSpot, SL (the “EAN Companies”) under the [name/brand/label Travelnow] (“EAN Travel Products”) in the HotelPronto Platform (the “Platform”).

Please read these Terms of Use carefully. By ticking the box Affiliate represents to EAN.com, LP, a Delaware limited partnership (“EAN”) that:

• Affiliate’s representative has read and understood these Terms of Use on behalf of Affiliate;

• Affiliate agrees to be bound by these Terms of Use without modification in relation to its access to EAN Travel Products in the Platform; and

• Affiliate’s representative entering into the agreement created by acceptance of these Terms of Use has the power, capacity and authority to enter into these Terms of Use and to bind the Affiliate.

Affiliate hereby agrees to waive any rights to challenge the validity or enforceability of these Terms of Use on the grounds that the agreement created by acceptance of these Terms of Use was made in electronic form instead of by paper and/or signed or sealed. These Terms of Use can be downloaded and the Affiliate is recommended to print off and keep a copy for its records.

A. AFFILIATE OBLIGATIONS

1 Affiliate Marketing. During the Term, Affiliate shall actively market and promote the EAN Travel Products to its customers (“Customers”).

2 Access to the EAN Travel Products. Affiliate shall access and book the EAN Travel Products in a manner consistent with the guidelines provided by EAN from time to time, a current version of which are contained in Annex 1 – Guidelines. Affiliate shall access EAN Travel Products and input Customer data in the Platform solely for the purposes of booking travel services on behalf of Customers. Affiliate shall ensure that the Customer data and any other information submitted to the Platform is complete and accurate.

3 Customer Contracts. Prior to the completion of a transaction for an EAN Travel Product (a “Transaction”), Affiliate shall:

a. make clear to Customers that the relevant EAN Company or the applicable travel service provider provides the travel service directly to the Customer and shall not display or make any statement which expressly or by implication contradicts this proposition;

b. communicate to Customer and obtain evidence that the Customer has read and accepts the terms and conditions, the Privacy Policy, and any other terms and conditions applicable to such Transaction provided by EAN (“Terms and Conditions”) – Affiliate may do this by incorporating the exact wording of the relevant Terms and Conditions into its own materials which it provides to the Customer; and

c. communicate fully and accurately to the Customer any limitations or restrictions relating to the relevant travel services including, without limitation, whether cancellations or changes are permitted and the consequences of same.

Affiliate undertakes not to make any verbal or written assurances to a Customer which are additional to or contradict these Terms of Use or EAN Travel Products terms and conditions, including without limitation by promising that any special requests will be met. Affiliate shall be solely responsible and liable in respect of any representations or special request made or confirmed to the Customer without EAN's prior written authorisation and approval.

4 Customer Communications and Complaints.

a. Affiliate shall within 24 hours of receipt: (i) provide to Customer, without modification or deletion, all information received from EAN relating to a Transaction; and (ii) provide to EAN without modification or deletion all communications relating to a Transaction (e.g. further booking requests and other customer service inquiries) or complaints (including any complaint to Trading Standards or any other regulatory trade body) received from Customer. Affiliate will be solely liable for any variation between the cancellation policies provided to Affiliate by EAN and those that are communicated by Affiliate to Customer.

b. Affiliate shall notify EAN within three (3) days of Affiliate's receipt of any Customer formal complaint, claim or action regarding a Transaction. Affiliate acknowledges and agrees that EAN shall have the right to attempt to settle any such formal complaint, claim or action directly with the Customer. If EAN attempts such a settlement Affiliate shall provide EAN with reasonable information and assistance, at EAN's expense, to help EAN to reach settlement and Affiliate shall refrain from taking any other action in respect of the relevant formal complaint, claim or action unless required to do so by law.

5 Customer Care. Affiliate will be responsible for the first line support to Customers for customer care and support issues related to EAN Travel Products and will be solely responsible for any liability towards Customer as a result of such customer care and support. EAN will be responsible for second line consultative support to Customers for customer care and support issues related to the EAN Travel Products. Affiliate shall provide commercially reasonable cooperation, at EAN’s request, to facilitate such consultative support by EAN.

6 Compliance with Laws. Affiliate shall comply with all applicable laws in force from time to time relevant to the performance of its obligations under these Terms of Use including, without limitation, any legislation relating to the licensing of travel agents.

7 Package Booking. If approved by EAN, certain EAN Travel Products as specified by EAN from time to time (“Package Booking”) may be made available to Affiliate for booking by Customers solely (i) as part of package travel products (“Packaged Products”) made available; and (ii) on the Platform. EAN may cease to offer Package Booking at any time by providing Affiliate with seven (7) days’ written notice.

a. Booking of Package Bookings. Affiliate shall: (a) not book, nor make available or offer Package Booking except as part of Packaged Products; (b) ensure that the final booking price for a Package Booking is equal to the rate provided to Affiliate by EAN for such Package Booking (noting that the Affiliate remains responsible for the final price of the Packaged Product); and (c) only separate the pricing of Package Booking s if such pricing is not visible at any time to Customers during the booking or confirmation processes. Without prejudice to any other rights or remedies available to EAN or its Corporate Affiliates (a “Corporate Affiliate” being an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with EAN), if Affiliate is in breach of this Section A71.3.2, EAN may restrict access to Package Booking with immediate effect and may terminate these Terms of Use. In addition, EAN may from time to time require Affiliate at its own cost to demonstrate its ongoing compliance with this Section A71.3.2. Affiliate shall upon written request from EAN, send copies of booking confirmations, booking details and give access to such other information, systems and/or documentation as is reasonably necessary to demonstrate Affiliate’s compliance. Failure by Affiliate to permit such audit shall be deemed a breach of this Section A71.3.2.

b. Compliance with Law. Affiliate undertakes and warrants that it, and not EAN or its Corporate Affiliates shall be solely responsible for obtaining and maintaining all licences, consents and other permissions (each, if any and whether regulatory or otherwise) and all financial security arrangements necessary for the performance of obligations under these Terms of Use in respect of bookings of Packaged Products provided and/or arranged by Affiliate. Affiliate will comply with all applicable laws (including European Council Directive 90/314/EEC and all relevant local implementations of it) in making available the Packaged Products pursuant to these Terms of Use. Affiliate shall be solely responsible for its own costs of complying with this Section A71.3.31.3.3. Each Party agrees to provide to the other all necessary assistance and support in the event of an enquiry, request for information or investigation into the making available of Packaged Products by any national authority, consumer body or other interested party.

8 Affiliate Booking Fee. If the Affiliate includes a booking fee (“Affiliate Booking Fee”) to the total amount charged to the customer, it shall ensure a) the Affiliate Booking Fee is not aggregated into the room rates, taxes, or service fees provided by EAN, b) the Affiliate includes the following text in its booking terms and conditions in respect to EAN Travel Products: “The total price may include an additional booking fee from Affiliate”, and c) the Affiliate does not include the Booking Fee in any supplier selection algorithm nor sort order logic.

B. COMPENSATION

1 Payments. Affiliate hereby acknowledges that no monies, expenses or money’s worth shall be due from EAN or its Corporate Affiliates (and their respective employees, directors and representatives) to Affiliate whatsoever. Affiliate’s sole recourse for any payment or compensation as a result of any Transactions shall be against the provider of the Platform. EAN shall have no liability for any amounts due to Affiliate from the provider of the Platform.

2 Consideration. Affiliate hereby acknowledges the provision of the EAN Travel Products by EAN under these Terms of Use as sufficient consideration for Affiliate agreeing to the obligations imposed by these Terms of Use.

C. PROHIBITED ACTIVITIES

1 Prohibited Activities. EAN and Affiliate each undertake that during the Term of these Terms of Use, it will not: (a) send unsolicited bulk e-mail or engage in other unethical or illegal marketing activities; (b) associate the EAN Travel Products with material or opinions that: (i) are illegal or discriminatory; (ii) promote or incite violence, hatred or an illegal activity; or (iii) are capable of interpretation as discriminatory of or promoting such views; or (c) mislead or misrepresent to consumers as to the origin, affiliation or nature of its websites, products or services. Affiliate will not allow and will take reasonable steps to prevent any direct or indirect extraction, repurposing and/or aggregation of EAN Travel Product data made available to Affiliate under these Terms of Use (e.g. inclusion of EAN Travel Product data in consolidated third party search results) without the prior written consent of EAN. Affiliate will not, without written consent from EAN or its Corporate Affiliates, use, publish or display any data, materials, trade names, trademarks, service marks, logos or other similar indicia of identity or source or other content from any website owned or operated by EAN or its Corporate Affiliates.

2 Predatory Advertising. Affiliate will not use any predatory advertising methods. Predatory advertising means any method that creates or overlays links or banners on websites, mobile devices, social media or any other channel which allows access to the EAN Travel Product (each a “Channel”), spawns browser windows, or any method invented to generate traffic from a Channel without that Channel owner’s knowledge, permission, and participation (e.g. keyword parsing browser plugins such as TopText and +Surf, banner replacement technology such as Gator, browser spawning technology that is not website dependent).

3 Keyword Advertising. Affiliate shall not display or use in any context or manner (directly or indirectly), EAN or its Corporate Affiliate’s trademarks, trade names or logos or any other third party trademarks, logo, or branding (including, without limitation, any misspelling or substantially similar or confusingly similar version thereof) of EAN or any other third party, in any manner whatsoever (including without limitation, in any meta tags, search engine marketing or optimization, in any domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining prior written approval from EAN or the applicable third party. Without limiting the foregoing, Affiliate agrees that it will not bid on the names that are present in URLs owned by EAN or its Corporate Affiliates, including, but not limited to, “travelnow.com,” “hotels.com,” “hotel.com,” “vacationspot.com,”, “hotels.co.uk,” “condosavers.com,” “orlando.com,” “expedia.com”, “expedia.co.uk” and “hotwire.com”, for preferential placement in any cost per click search engine or other search engine in which search result page listing order is determined by payment to the search engine or other third party. Further, Affiliate will not use names that are present in URLs owned by EAN or its Corporate Affiliates, including but not limited to “travelnow.com,” “hotels.com, “hotel.com,” “vacationspot.com,” “hotels.co.uk,” “condosavers.com,” “orlando.com,” “expedia.com”, “expedia.co.uk” and “hotwire.com”, in keyword meta tags on any pages of the Affiliate Site(s) or any other websites or Channels owned and/or operated by Affiliate. If EAN or its Corporate Affiliates receive a request from its or their suppliers requesting that Affiliate cease bidding on or otherwise using a name or names present in a URL owned by such supplier, then Affiliate will, at the request of EAN promptly cease the use or bidding upon such name or names.

D. TERM AND TERMINATION

1 These Terms of Use shall commence on the earlier of: (i) Affiliate’s acceptance of these Terms of Use; and (ii) Affiliate’s first Transaction; and subject to earlier termination in accordance with Section D2, shall continue until expiry or termination of the EAN or Affiliate’s relationship with the Platform or the Platform provider.

2 EAN in its sole discretion and without cause may terminate these Terms of Use immediately upon written notice for any reason. Affiliate may terminate these Terms of Use on thirty (30) days’ written notice to EAN. The rights and remedies provided in this Section D2 are not exclusive and are in addition to any other rights and remedies provided by law or these Terms of Use.

3 Upon termination or expiration of these Terms of Use for any reason: (i) Affiliate shall immediately cease undertaking bookings of EAN Travel Products in the Platform; and (ii) Affiliate’s account shall be shut down immediately by EAN. Sections D3, E, F, G, and H shall survive any expiration or termination of these Terms of Use.

E. CONFIDENTIALITY; MEDIA COMMUNICATIONS, DATA PROTECTION

1 Confidentiality. In performing their obligations under these Terms of Use, EAN and Affiliate will each disclose to the other confidential and proprietary information. The Parties agree that the recipient of any such confidential or proprietary information of the other Party will use such confidential information solely for the purposes for which it is provided by the other Party, will not disclose such confidential information to any third party, and will protect such confidential information from unauthorized use and disclosure; provided that the foregoing obligations will not apply to any: (i) information that becomes generally publicly available through no fault of the recipient; (ii) information that the recipient obtains from a third party (other than in connection with these Terms of Use); (iii) information that is independently developed or acquired by the recipient; (iv) disclosure with the prior written consent of the disclosing Party; or (v) disclosures which are required by applicable law. Notwithstanding the foregoing, the recipient may disclose such confidential information if required by any judicial or governmental request, requirement or order; provided that the recipient will take reasonable steps to give the disclosing party sufficient prior notice in order to contest such request, requirement or order. For the purposes of these Terms of Use, any entity that controls, is controlled by or is under common control with a Party will not be considered a third party.

2 Media Communications. Affiliate shall not release to the public any press release or other communication to the press and/or public regarding these Terms of Use without EAN’s prior written consent.

3 Data Protection. For purposes of this Section, “Data Protection Law” means all applicable laws and regulations relating to the protection of data in the relevant state or territory, including, where applicable, the local laws implementing the Directives of the European Parliament and of the Council 95/46/EC, 97/66/EC and 2002/58/EC (together, the “Directive”) as from time to time enacted, amended, extended, consolidated, replaced or re-enacted in the relevant territory where Customers’ “personal data” (as defined in the Directive) is received, processed, or transferred. Each Party shall: (a) use commercially reasonable efforts to safeguard the confidentiality and privacy of Customers’ personal data and to protect it from unauthorized use or release; and (b) comply with all applicable laws including but not limited to the Data Protection Law in its use and handling of Customers’ personal data. Affiliate shall ensure that it has obtained the relevant consents and permissions from Customers in order to allow EAN and/or its relevant Corporate Affiliates to process such Customers’ personal data in accordance with this Section E3. Each Party shall implement appropriate technical and organizational security measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Such measures will be no less stringent than those a Party generally applies to its own data of similar nature.

F. DISCLAIMER.

THE EAN TRAVEL PRODUCTS ARE PROVIDED BY EAN "AS IS" AND WHERE AVAILABLE, AND EAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SAME. EAN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOSTED SITE, SPECIFICATIONS, AFFILIATE NUMBER, AND THE API AND THE EAN TRAVEL PRODUCTS, INCLUDING WITHOUT LIMITATION ANY: (i) IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (iii) IMPLIED WARRANTY OF NON-INFRINGEMENT.

EAN will have no liability to Affiliate or any Customers relating to: (a) any failure of the systems of EAN or any third party that results in the failure or inability to process a Transaction; (b) the quality of the EAN Travel Products provided by travel suppliers to Customers.

G. LIMITATION OF LIABILITY.

1 No Consequential Damages. EXCEPT FOR CLAIMS ARISING OUT OF BREACH OF SECTION E1 (CONFIDENTIALITY) OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OR FOR LOSS OF DATA, REVENUE, PROFIT, OR SAVINGS OF ANY PARTY, INCLUDING THIRD PARTIES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2 Limitation of Liability. EXCEPT FOR CLAIMS ARISING OUT OF BREACH OF SECTION E1 (CONFIDENTIALITY), CLAIMS BY EAN TO RECOVER AMOUNTS PAID BY CUSTOMERS AND COLLECTED BY AFFILIATE ON BEHALF OF EAN OR ITS CORPORATE AFFILIATES PURSUANT TO THESE TERMS OF USE, OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING IN CONTRACT, EQUITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED ONE-HUNDRED THOUSAND DOLLARS ($100,000). NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT THE LIABILITY OF A PARTY WITH RESPECT TO DEATH OR PERSONAL INJURY ARISING OUT OF ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES OR FOR ANY REPRESENTATIONS MADE FRAUDULENTLY BY A PARTY.

H. GENERAL

1 Governing Law and Dispute Resolution. These Terms of Use and all rights and obligations hereunder, including matters of construction, validity, performance and dispute resolution, shall be governed by and construed in accordance with the substantive laws of England and Wales without regard to any conflict of laws, rules or principles that may require the application of any other law or where these Terms of Use or any amendment to it is actually executed. Any dispute, controversy or claim arising out of or in relation to these Terms of Use or at law, or the breach, termination or invalidity thereof, that cannot be settled amicably by agreement between the Parties, shall be finally settled by the Courts of England and Wales, and the Parties submit to the exclusive jurisdiction of those courts.

2 Modification. Notwithstanding any stipulations contained in these Terms of Use, EAN may vary or replace these Terms of Use at any time. EAN will provide to Affiliate such varied or replacement terms by e-mail or other means. In such cases where the Affiliate accepts the varied or replacement terms, such terms shall become effective upon receipt of the acceptance by EAN. If Affiliate does not within four (4) weeks from successful dispatch of such e-mail or receipt of other notification object to such vareid or replacement terms, such terms shall be deemed binding and agreed between the Parties and accordingly these Terms of Use shall be deemed varied or replaced (as applicable). In the event Affiliate objects, EAN may terminate these Terms of Use by notice in writing.

3 Force Majeure. If the performance of these Terms of Use or any obligation hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance, except for the making of payments hereunder, to the extent of such prevention, restriction or interference.

4 Non-waiver. No waiver of any term, condition or obligation of these Terms of Use will be valid unless made in writing and signed by the Party to which such performance is due. No failure or delay by any Party at any time to enforce one or more of the terms, conditions or obligations of these Terms of Use will: (a) constitute waiver of such term, condition or obligation; (b) preclude such Party from requiring performance by the other Party at any later time; or (c) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature.

5 Assignment. These Terms of Use may not be assigned by either Party without the prior written consent of the other Party not to be unreasonably withheld; except, that EAN may assign these Terms of Use without consent to any of its Corporate Affiliates.

6 Severability. These Terms of Use will be enforced to the fullest extent permitted by applicable law. If any provision of these Terms of Use is held to be invalid or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision.

7 Entire Agreement. These Terms of Use constitutes the entire and exclusive agreement between the Parties regarding the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements and understandings; provided nothing in this Section H7 shall limit a Party’s liability for any representations made fraudulently.

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