By using our online booking engine (“Booking Engine”) you are
agreeing to the following terms and conditions of use without
modification or revision. It is important that you understand
that we may amend, revise or update the terms and conditions of
this User Agreement at any time and without prior notice to you.
Therefore, you should carefully review the terms and conditions
of this User Agreement each time you use the Booking Engine.
If the terms and conditions of this User Agreement are not
acceptable to you, you should not use the Booking Engine.
OWNERSHIP
The Booking Engine is owned and operated by
Find Local Hotels. All information,
including without limitation text, graphics, software and all
other materials including the HTML, XML, CGI and any other code
and script in any format used to implement the Booking Engine
(“Content”), are the property of Find Local Hotels or its licensors.
You do not, by using the Booking Engine, acquire any ownership
or other rights to any Content or other materials contained
on or accessible through the Booking Engine.
LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement,
we hereby grant to you a non-exclusive, limited, non-transferable
and revocable license to view, print and download Content from
the Booking Engine solely for your personal and noncommercial
use solely for purposes of enabling you to purchase products
or services offered through the Booking Engine. You agree not
to republish, distribute, assign, modify, transmit, display,
reproduce, license, create derivative works from, transfer or
sell any Content or other materials obtained or obtainable from
the Booking Engine.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to
the Booking Engine are protected under applicable laws relating
to intellectual property rights, including but not limited to
copyright and trademark laws. The copying, redistribution, use
or publication by you of any such matters or any part of the
Booking Engine, except as allowed under this User Agreement, is
strictly prohibited. The posting of Content or other materials
on the Booking Engine does not constitute a waiver of any such
rights. Other product and company names mentioned on the
Booking Engine may be trademarks or service marks of their respective
owners. Find Local Hotels reserves all right, title and interest in and to
its copyright and trademark rights.
NONTRANSFERABLE
your right to use the Booking Engine is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THE BOOKING ENGINE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT
MAY BE CHANGED OR UPDATED PERIODICALLY. FIND LOCAL HOTELS AND ANY OF ITS AFFILIATES
MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO THE BOOKING
ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
NEITHER FIND LOCAL HOTELS NOR ANY OF ITS AFFILIATES MAKE ANY REPRESENTATION
OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON
THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION
OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH
THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION
OF SUCH PRODUCTS OR SERVICES BY FIND LOCAL HOTELS OR ITS AFFILIATES. ALL SUCH
CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,”
WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER.
FIND LOCAL HOTELS AND ITS AFFILIATES
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH
THE BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE BOOKING
ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS,
FOR WHICH YOU AGREE TO HOLD FIND LOCAL HOTELS AND ITS AFFILIATES HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH THE BOOKING
ENGINE ARE INDEPENDENT CONTRACTORS AND ARE NOT
FIND LOCAL HOTELS OR
ITS AFFILIATES’ AGENTS. NEITHER FIND LOCAL HOTELS NOR ITS AFFILIATES
ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR
FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES
OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO
THE BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED
WITHOUT PRIOR NOTICE. YOU AGREE THAT NEITHER
FIND LOCAL HOTELS NOR ITS AFFILIATES
WILL HAVE ANY LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY
REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF
ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE,
RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS,
PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND
FIND LOCAL HOTELS OR ITS AFFILIATES’ CONTROL, AND FURTHER THAT
NEITHER FIND LOCAL HOTELS NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY
FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR
ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL FIND LOCAL HOTELS OR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE
OF THE BOOKING ENGINE OR THE DELAY OR INABILITY TO USE THE BOOKING
ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED
THROUGH THE BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE
USE OF THE BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF FIND LOCAL HOTELS OR ITS AFFILIATES
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Booking Engine, you agree
that you will not use the Booking Engine for any purpose that
is unlawful or prohibited by this User Agreement. You represent
and warrant that you are at least 18 years old and posses the
legal authority to enter into this User Agreement and to use
the Booking Engine in accordance with the terms and conditions
of this User Agreement.
You may only use the Booking Engine to make legitimate reservations
or purchases and not for any other purposes, including without
limitation, to make any speculative, false or fraudulent reservations
or any reservation in anticipation of demand.
USE OF INFORMATION
Find Local Hotels reserves the right, and you authorize
Find Local Hotels and its affiliates,
to use and assign all information provided by you in any manner
consistent with Find Local Hotels Privacy Policy. You may view
Find Local Hotels
Privacy Policy by clicking HERE.
CONTENT
Some of the Content that refers to city attractions, things
to do, hotel accommodations, restaurants and other services
is the property of, and is supplied by, third parties that are
not under Find Local Hotels control.
Find Local Hotels does not independently verify,
and does not guarantee, the accuracy of the information that
we receive from such third parties. All information, prices
and availability are subject to change without notice.
LINKS TO OTHER WEBSITES
The Booking Engine may contain hyperlinks to websites operated
by third parties. Find Local Hotels does not control such websites and will
not be responsible for their content or for any breach of contract
or any intentional or negligent action on the part of such third
parties, which results in any loss, damage, delay or injury
to you or your companions. Find Local Hotels is not responsible for the accuracy
of opinions express in such websites, and such websites are
not investigated, monitored or checked for accuracy or completeness
by Find Local Hotels. Inclusion of any linked website on the Booking Engine
does not imply or constitute approval or endorsement of the
linked website by Find Local Hotels. If you decide to leave the Booking Engine
to access these third party sites, you do so at your own risk.
All rules, policies (including privacy policies) and operating
procedures of websites operated by third parties will apply
to you while on such sites. Find Local Hotels is not responsible for information
provided by you to third parties.
TAX RECOVERY CHARGE
The tax charge on Hot Rate hotel transactions is a recovery
of all applicable transaction taxes (e.g. sales and use, occupancy,
room tax, excise tax, value added tax, etc.) that
Find Local Hotels collects
from customers and pays to vendors (such as hotels, etc.) in
connection with your travel arrangements.
Find Local Hotels is not the vendor collecting and remitting such tax to the
applicable tax authorities. The vendors bill
Find Local Hotels for applicable
taxes and Find Local Hotels remits such amounts directly to the vendors.
Find Local Hotels
is not a co-vendor associated with the vendor with whom
Find Local Hotels
books or reserves travel arrangements.
Taxability and the appropriate tax rate vary greatly by location.
The actual amount of tax paid to vendors may vary from the tax
recovery charge, depending upon the rates, taxability or other
factors in effect at the time of the actual use of a given travel
service by a customer.
Find Local Hotels does not incur the cost of sales tax from vendors located
in Alaska, Delaware, Montana, New Hampshire and Oregon, as these
states do not impose a sales tax. Also, certain jurisdictions
impose a hotel occupancy tax or other type of transaction tax
upon the renting of a hotel room, an automobile, etc. The type
of tax collected by a vendor will vary by service and location.
TERMS OF SERVICE - HOT RATE HOTEL RESERVATIONS ONLY
Credit cards for Hot Rate hotel reservations will be charged
the full amount for the reservation including all taxes and
applicable service fees at the time of booking. Reservations
may be changed or cancelled anytime within the appropriate hotel’s
cancellations policy period at a charge indicated on the applicable
website. Upon arrival and check in at a hotel, you are responsible
for the entire length of stay. No refunds or credits will be
issued for any nights reserved but not consumed. Cancellations
made after the hotel cancel policy period has lapsed or no shows
will be charged according to the hotel’s cancellation policy
(although the cancellation charge usually equals one night’s
room rate plus tax, you should look to the specific hotel’s
policies for the exact charges that you may incur). No contract
will exist between you and Find Local Hotels (or its affiliates) until
Find Local Hotels
has sent you an email with a pre-payment voucher that you will
present to the appropriate hotel at the time of your check in.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources
and should be used as guidelines only. Rates are not verified
as accurate, and actual rates may vary. Currency quotes are
not updated every day. Check the date on the Currency Converter
for the day that currency was last updated. Neither
Find Local Hotels nor
its affiliates warrant or guarantee the accuracy of any such
information. When using this information for any financial purpose,
Find Local Hotels advises you to consult a qualified professional to verify
the accuracy of the currency rates. Find Local Hotels does not authorize the
use of this information for any purpose other than personal
use and hereby prohibits, to the maximum extent allowable the
resale, redistribution, and use of this information for commercial
purposes.
INDEMNIFICATION
You agree to indemnify, defend and hold
Find Local Hotels and its affiliates
and any of Find Local Hotels or its affiliates’ officers, directors,
employees, agents, successors and assigns, harmless from and
against any liability, claim, loss, expense, cause of action
or demand, including without limitation reasonable legal and
accounting fees arising directly or indirectly in connection
with any breach by you of any term, condition, representation,
warranty or covenant contained herein or otherwise resulting
from your use of the Booking Engine.
CONTRACT INFORMATION
No contract will exist as between you and
Find Local Hotels or any of its
affiliates for the sale of any product or service unless and
until Find Local Hotels accepts your reservation by email confirming your
reservation or purchase and issues you a unique confirmation
code. Acceptance will be deemed complete and will be deemed
to be effectively communicated to you for all purposes at the
time that Find Local Hotels sends the email to you, whether or not you receive
the email.
MISCELLANEOUS
This User Agreement shall be governed by and construed in accordance
with the laws of the State of Florida, USA, without regard to
any conflict of law principles. You irrevocably and unconditionally
agree that any legal proceeding arising out of or relating to
this User Agreement may be brought in the United States District
Court for the Southern District of Florida, West Palm Beach
Division, or, if that court lacks jurisdiction, in any court
of competent jurisdiction in Palm Beach County; and hereby consent
to the jurisdiction of each such court in any proceeding. Use
of the Booking Engine is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced
herein) constitutes the entire and only agreement between
Find Local Hotels
and its affiliates and you, and supercedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Booking Engine, the Content or any products or
services provided by or through the Booking Engine, and the
subject matter of this User Agreement.
You agree that no joint venture, partnership, employment or
agency relationship is created as a result of this User Agreement
or use of the Booking Engine.
Find Local Hotels performance of this User Agreement is subject to
existing laws and legal process, and nothing contained in this
User Agreement is in derogation of Find Local Hotels right to comply
with law enforcement requests or requirements relating to your
use of the Booking Engine or information provided to or gathered
by Find Local Hotels with respect to such use.
If any part of this User Agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of this User Agreement shall continue in effect.
A printed version of this User Agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this User Agreement to
the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
Find Local Hotels failure to enforce any provision of this User Agreement
shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
Fictitious names of companies, products, people, characters,
and/or data mentioned herein are not intended to represent any
real individual, company, product, or event. Any rights not
expressly granted herein are reserved.
Other terms and conditions may apply to your purchase of products
or services offered on or through the Booking Engine.
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