1. USE OF SITE
b. You must be a natural person, 18 years or older. Corporations, partnerships, Limited Liability Companies or any other entities cannot become a user or member. You may not use machines, scripts, or automated services. You may maintain only one account. Getaroom may cancel any duplicate accounts at its sole discretion. You agree to make reservations only for yourself or for another person who authorizes you to make such reservations.
c. You must have Internet access and a valid email address to book. Getaroom is not responsible for your inability to connect to the Internet, to log onto the Site, or to access your Getaroom account.
d. By signing up to receive our electronic newsletters, book reservations and/or creating an account, you agree to receive email communications that are account, transactional, membership, promotional or travel-related. The travel-related emails will highlight special deals that are available to Getaroom customers. You can opt-out of receiving promotional travel-related emails by either visiting your account page to edit your profile or following the unsubscribe link on any of the travel-related emails you receive. If you booked reservations and/or created an account, you may not opt-out of communications which are account related and not promotional in nature. If you do not wish to receive them, you can deactivate your account.
2. ACCOUNT ACCESS and TRANSFERABILITY
a. Upon your registration as a customer, you will provide your email address and a password that will allow you to access your account (on the Site), verify activity, change or cancel reservations, and modify your account information.
b. You must be logged into the Site and enter your email address and password to access your account.
c. Getaroom is entitled to act on instructions received under your email address and password. For security purposes, Getaroom recommends that you memorize your email address and password and do not put it in written form. Getaroom also recommends you change your password at least once every 3 months or when you feel that your password may have been compromised. You are responsible for keeping your email address, password, and other personal account information confidential. Getaroom is not responsible for any lost or misplaced email address or password nor is it responsible for any changes or cancellations made to your account by someone else who uses your password. You should immediately notify Getaroom if your email address or password has been lost, stolen or has been disclosed to an unauthorized person.
d. No reservation booked may be assigned or transferred to any third party except as expressly permitted by Getaroom in writing.
e. Getaroom may interrupt your access to the Site, without liability to you or any other user, for the performance of routine maintenance on the Site, in which case Getaroom will use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours.
f. Currently, there is no cost to register and use the Site. Getaroom reserves the right to change this policy at any time.
3. ACCOUNT TERMINATION/TERMINATION OF USAGE
We reserve the right to terminate or restrict your access to the Services at any time and in our sole discretion. If you have been notified by us that you are prohibited from using the Services, you no longer have a license to access and use the Services and any subsequent access or use by you or on your behalf shall be unauthorized and unlawful. We reserve the right to cancel any and all bookings or other transactions you have made using the Services after you have been prohibited from using the Services, with no liability whatsoever to you.
4. PROHIBITED ACTIVITIES
The content and information on the Services (including, but not limited to, price, descriptions and availability on Getaroom.com), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through Getaroom. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
- (i) use Getaroom or their contents for any commercial purpose;
- (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- (iii) access, monitor or copy any content or information from Getaroom using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iv) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (vi) deep-link to any portion of Getaroom (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- (vii) “frame”, “mirror” or otherwise incorporate any part of Getaroom into any other website, mobile application, product or service without our prior written authorization.
5. SITE PROVIDER
a. Getaroom connects you to providers of travel services
The Site is intended to facilitate your booking of hotel rooms from vendors that provide those products and services. Getaroom is not involved in providing the services. As a result, Getaroom has no control over the quality, safety or legality of the products and services offered, the truth or accuracy of the listings or the ability of the vendors to offer services. In the event that you have a dispute with one or more vendors, you release Getaroom (and its officers, directors, agents, subsidiaries, joint ventures, agents, assigns and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
b. Change or Cancel Fee
There is NO change or cancel fee on most published rates, including published rates booked in the call center. There are some rates that are specifically identified as nonrefundable that cannot be refunded once booked. There is a $25 change or cancellation fee for some unpublished rates (e.g. call center only specials or pre-negotiated promotions.) On otherwise cancellable rates, you will be charged one night’s room and tax if you do not cancel your reservation within the time indicated on your confirmation receipt for the reservation. There may be other fees imposed by our lodging suppliers and if the reservation is not cancelled by the time indicated, the entire amount may be forfeited as indicated for the reservation. To make changes to your reservation, simply call our toll free number or click on the Customer Care button on the Site.
c. (Prepaid) Hotel Reservation Payment
You authorize GETAROOM to book reservations for the total reservation price, which may include the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable any taxes on GETAROOM services. You also acknowledge that GETAROOM provides you services to assist booking of reservations that incorporate a “Processing fee” a.k.a profit margin. The rate displayed on the GETAROOM website is a combination of the pre-negotiated room rate for rooms reserved by GETAROOM (i.e. NET RATE), plus tax recovery charges and Processing/service fees to be retained by GETAROOM as compensation for our services. In the event the supplier/hotel inadvertently discloses the above mentioned “net rate” before, during or after your stay, you acknowledge GETAROOM will not be responsible for reimbursement of the difference of this rate and the rate you paid directly to GETAROOM and is not subject to GETAROOM “best rate guarantee.” Upon submitting your reservation request you authorize Getaroom to process hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, Getaroom does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Getaroom pays to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers will invoice Getaroom for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Getaroom does not act as co-vendor with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Getaroom to the hotel suppliers 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 hotel by our customers. We retain processing fees as additional compensation in servicing your travel reservation. Processing fees retained by Getaroom for their services vary based on the amount and type of hotel reservation.
We do not guarantee the accuracy of lodging ratings on the Site. We use best efforts to determine the appropriate rating, but these are intended merely as guidelines and not as any form of guarantee. Lodging providers are constantly making changes, improvements and renovations to their products and although we make best efforts to keep the Site updated, we do not guarantee the accuracy of any information on the Site nor do we make any guarantee that the lodging establishment is not undergoing any renovations.
e. Seller of Travel
CONSUMER CLUB, INC DBA: WWW.GETAROOM.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST37472
GETAROOM MAKES NO REPRESENTATION OR WARRANTY. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GETAROOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, GETAROOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GETAROOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. GETAROOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
GETAROOM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
g. Special Offers
Are only available at participating hotels. Prices shown include applicable discounts and are based upon Getaroom’s everyday hotel rates, excluding taxes and other fees. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply.
You may not book more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked more than 8 rooms in total in separate reservations, we may at our sole discretion cancel your reservation(s), and charge you any applicable cancellation fees. If you purchased a non-refundable rate or rates for special events (i.e. Mardi Gras, Super Bowl, etc.,) the cost of your entire reservation may be subject to forfeiture. If you wish to book 9 or more rooms, you must contact our group travel specialists by phone or by filling out the group travel form online. A travel specialist from our groups affiliate partner will research your request and may contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit, depending upon the nature of your request.
i. Exchange rate
Currencies fluctuate in value. All payments and refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the payment/refund. All refunds are subject to this variation and GETAROOM is not responsible for any difference in exchange rates between time of payment and the time of refund. 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 in real time. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Getaroom.com, their Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
Persons under the age of 18 may not purchase, cancel or modify any services available through Getaroom.
k. Check-in Requirements
You are required to provide official State or authorized government issued ID upon check-in for any Getaroom reservation. In addition, you are required to provide a credit or debit card upon request from the hotel for incidentals.
If Getaroom receives a chargeback or payment dispute from a credit or debit card company or bank for a valid reservation, Getaroom reserves the right to cancel any existing and/or future reservations without notice. Getaroom also reserves the right to recover any fees passed on to us by the credit or debit Card Company or bank, plus any outstanding balances accrued as a result of the chargeback. In an effort to amicably resolve any outstanding billing issues please contact customer service directly. Requesting a chargeback for a valid charge is considered fraud and is not an appropriate or legal means of obtaining a refund. We reserve the right to file a civil action against you and/or report you to the appropriate authorities if we believe you are defrauding Getaroom. Please read and make sure you fully understand our refund policy prior to authorizing a payment.
m. Fraudulent Charges
If your booking or account shows signs of fraud, abuse or suspicious activity, we may cancel any bookings associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support[DL1] .
n. Duplicate bookings
You acknowledge that you may not hold duplicate reservations for the same hotel for overlapping dates under the same guest name. If booking more than one room at a time, EACH reservation must have a unique customer assigned to each room. Getaroom reserves the right to cancel any reservation that is considered a duplicate booking. Getaroom is not responsible for any cancellation or no-show fees as a result of a duplicate cancellation. You are responsible for any additional expense or rate increase incurred as a result of a duplicate reservation.
o. Nationality Restrictions
International suppliers’ rules, restrictions, and conditions may limit the use of getaroom.com inventory. There are some hotels and suppliers where the hotel rates vary depending on the guest’s nationality. For example, a property could have 3 different rates for a resident from an Association of South East Asian Nations country, a European market and finally for a Singapore/Malaysian resident. You may be asked to show your passport to the hotel and give your credit card details and address prior to check-in. Getaroom.com will do its best to provide you with this information in advance, however will not be held liable for any fluctuations in hotel rates due to third party restrictions.
p. Getaroom VIP Program
If you have been enrolled in the Getaroom VIP Program, which gives members access to special lodging rates not available to the general public, you agree to keep these rates confidential to you and not reveal them to any third parties except when required by law to do so. The Getaroom VIP Program is a private membership group offered by Getaroom to its members by invitation only. Getaroom may revoke membership at any time, for any reason at its sole discretion without notice or compensation. If enrolled, you also represent and warrant that you do not work for or represent a company competing against Getaroom such as an Online Travel Agent, and that you do not work for or represent a hotel, lodging group or hotel chain. The rates offered through the Getaroom VIP Program are not subject to hotel Best Rate Guarantee (BRG’S) policies and you agree not to ask for BRG’s on any hotel or lodging property rate you book through Getaroom. If enrolled, you agree not to share your login and password with other users and to keep the unpublished lodging rates confidential to you. To maintain your Getaroom VIP Membership you must book a lodging reservation through Getaroom at least once every six months
7. LIMITATION OF LIABILITY
The information, software, products and services published on the Services may include inaccuracies or errors, including pricing errors. In particular, Getaroom does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of a hotel, condominium, vacation rental, and or any other travel products and services displayed on the site, (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on our Services and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Getaroom and their respective suppliers make no representations about the suitability of the information, software, products and services contained on the Services for any purpose, and the inclusion or offering of any products or services on the Services does not constitute any endorsement or recommendation of such products or services by Getaroom. All such information, software, products, and services are provided “as is” without warranty of any kind. Getaroom and their respective suppliers disclaim all warranties and conditions that the Services, its servers or any email sent from Getaroom and/or their respective suppliers are free of viruses or other harmful components. Getaroom and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on the Services are independent contractors and not agents or employees of Getaroom. Getaroom is not 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 there from. Getaroom has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Getaroom and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing on the Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Getaroom and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Getaroom or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Getaroom and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Getaroom in connection with such transaction(s) on the Services, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Getaroom, and/or their respective suppliers.
You shall, at your sole cost and expense, defend, indemnify and hold Getaroom and its affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a “Getaroom Indemnitee”) harmless from and against any and all damages, liabilities, losses, costs, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any dispute or alleged dispute between you and any vendor or service offered through the Program; (b) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (c) any irregularity, error, problem or defect occurring on the Site that is caused by you; (d) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Site or Program by you (or any person that gains access to the network through you under this Agreement or otherwise); or (e) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any vendor service, regardless of whether such claim is founded in contract, tort or warranty. Each Getaroom Indemnitee shall provide prompt written notice of any claim or liability and shall tender defense or settlement to you, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the Getaroom Indemnitee shall, in addition to all other amounts it shall be entitled to receive from you, be entitled to all costs (including reasonable attorneys’ fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment in its favor or an acknowledgment by you that the claimed indemnification is valid in a settlement of such claim.
9. DISPUTE RESOLUTION
In the event a dispute arises between you and Getaroom, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Getaroom agree that any claim or controversy at law or equity that arises out of this Agreement or your use of the Site (”Claims”) shall be resolved in accordance with this section or as otherwise mutually agreed upon in writing by the parties. Before resorting to any alternatives, Getaroom strongly encourages you to first contact us directly to seek a resolution, and Getaroom will consider reasonable requests to resolve the dispute. For any Claim (excluding Claims for injunctive or other equitable relief), you or Getaroom agree to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. This Arbitration shall be conducted in Dallas County, Texas. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution above by the first party to make a Claim. Should either party file an action contrary to this Section 14, the other party may recover attorneys’ fees and costs; provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
10. SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and/or purchase of travel-related services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any hotels, condominiums or vacation rentals, in your forfeiting any monies paid for such reservation(s) or purchase, and in Getaroom debiting your account for any costs Getaroom incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Getaroom’s best efforts, some of the travel services listed on the website may be incorrectly priced. Getaroom EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Getaroom is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
12. CHANGES OR CANCELLATIONS
Getaroom.com does not change or modify existing nights to reservations. You can cancel your reservation either online at Getaroom.com or by calling our customer services number 800-468-3578. Select Option 1. You may add a night to an existing reservation by creating a new reservation for your requested nights.
You can change your guest name, bed type, smoking preference, special requests, accessibility options, room type and number of guests at no charge to you by Getaroom. However, please note our direct and/or partner suppliers may impose other change and/or cancellation fees, depending on the nature of the request. Charges vary by reservation, dates and occupants, so please review your confirmation email or inquire with your service representative for details.
Each reservation is subject to the hotel’s cancellation policy, which varies by hotel (usually 24 to 72 hours) prior to your arrival date. You may cancel your prepaid hotel reservation(s), but you will be charged the cancellation or change fee as stated on your confirmation receipt or indicated in the cancellation policy for the hotel. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. NOTE, some hotels charge for the entire stay. There are no refunds for no-shows or early check outs! If you intend to arrive at your hotel after the first night of your reservation, you MUST contact us prior to the commencement of your cancellation policy, to prevent cancellation of your reservation and avoid any applicable fees.
You agree to pay any cancellation or change fees that you incur. As stated, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the cancellation / change policy for the hotel reservation. You agree to abide by these Terms imposed with respect to your prepaid hotel reservations.
In the event that a hotel is unable to honor your booking, Getaroom will not be liable for any cost incurred due to relocation.
13. BEST PRICE GUARANTEE TERMS
Best Price Guarantee - If you find a lower rate on Getaroom.com or within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date, we will either attempt to match the rate or cancel your reservation without penalty.
Submitting a Claim - You must contact the getaroom.com customer service dept. at 1800-468-3578 or submit your request using the online Best Rate Guarantee form within 24 hours from the time you booked your reservation and at least 24 hours prior to your arrival date. The lower rate must be available for booking at the time you contact us, as determined by our customer service representatives.
Comparison Must Be to Same Itinerary - The Best Rate Guarantee is available only for exact itinerary matches, including property, room type, applicable cancellation policy, and dates of travel as booked through Getaroom.com. In addition, the comparison must be to the same property purchased stand-alone through another website – in other words, properties booked on another website as part of a package are not eligible for the guarantee. The guarantee applies to the cost of booked travel, as presented in your booking confirmation, including any taxes and fees collected by us from you at the time of booking. The guarantee does not apply to any taxes or fees collected by any third party from you, such as those taxes and fees a hotel may collect directly from you when you stay at the hotel. It is not available for reservations on websites where the property or other reservation details are unknown until after purchase. You must meet all requirements imposed on the lower price (if any), including, without limitation, residency, regional and age-related requirements.
Comparison Must Be Available – to the General Public. The Best Price Guarantee applies only to prices both advertised and available to the general public. For example, this does not include rates offered on membership program websites; corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received.
Claim Verification - All requests are subject to verification by Getaroom.com. We will not accept screenshots or other purported evidence of a lower price that we cannot independently confirm. Nor will we verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith.
Refunds for Verified Requests - Verified requests will receive a credit to the credit card used for the reservation at the time of booking. Note, it may take up to 30 days or the next billing cycle for your refund to appear on your statement.
Changes to Best Rate Guarantee - We reserve the right in our sole discretion to modify or discontinue the Best Rate Guarantee at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your claim will determine your eligibility under the guarantee. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
14. INTERNATIONAL TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Getaroom urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov , www.tsa.gov , www.dot.gov , www.faa.gov , www.cdc.gov , www.treas.gov/ofac and www.customs.gov .
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
- Passport and Visa– You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
- Health– Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
- Disinfection– Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
15. LINKS TO THIRD PARTY SITES
Getaroom website may contain hyperlinks to websites operated by parties other than Getaroom.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Services or other locations) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Unless otherwise expressly permitted by authority of Getaroom, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Getaroom.
16. TRADEMARK NOTICE
“GETAROOM.COM”, “GETAROOM”, Room values, Roomvalues.com, ConsumerClub, as well as additional marks not mentioned here, are registered service marks of Getaroom.com. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Getaroom or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
17. NO AGENCY RELATIONSHIP
Getaroom does not agree to act as your agent, travel agent or fiduciary in providing services through the Site.
18. THIRD PARTIES
If you use this Site to submit Requests for or on behalf of a third-party (”Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit or debit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party’s or the User’s failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
19. RESPSONSE TO REQUESTS
While Getaroom will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither Getaroom nor its Travel Service Providers are responsible for any g or delays in responding to a Request including, without limitation, error or delays in responding to a request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
20. SPECIAL RATE HOTELS
When available, Getaroom may offer additional, discounted hotel booking options as part of our services. These hotels, commonly referred to as Unpublished, Opaque, Call Center Only, Tonight and or Mobile rate Hotels, are different from other hotels offered on the Services in several important ways. For example, the name and exact address of the hotel may not be shown until after payment has been made for the booking or the final price of the hotel may not be revealed to the customer until after the transaction is completed by the customer or the special rate hotels may have specific booking criteria, i.e. length of stay, arrival dates or minimum stay restrictions. Note: Many of these bookings are nonrefundable and final and cannot be changed, refunded, exchanged, cancelled, subject to additional fees or transferred to another party. Your credit or debit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available.
21. BANK AND CREDIT OR DEBIT CARD FEES
Some banks and credit or debit cards impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit or debit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means that the amount listed on your credit or bank card statement may be in your local currency and therefore may be a different figure than the figure shown on the billing summary page for the reservation booked on the Services. In addition, a foreign transaction fee may be assessed if the bank that issued your credit or debit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since we may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
22. ATTORNEY’S FEES
If we take any action to enforce these Terms, and such Claim is not resolved pursuant to the “Mandatory Arbitration” subsection above, we will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any costs of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. Moreover, you agree that we may debit your credit or debit card or charge you for any such amounts.
This Agreement, as it may be amended, constitutes the entire agreement between you and Getaroom. This Agreement shall be deemed to have been made in, and shall be construed and interpreted in accordance with the internal laws of the State of Texas, without giving effect to the principles of conflicts of law thereof or of any other jurisdiction. ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT OR THE INTERPRETATION, MAKING, PERFORMANCE, BREACH OR TERMINATION HEREOF FOR WHICH A PARTY HERETO SEEKS INJUNCTIVE OR EQUITABLE RELIEF OR ANY OTHER CLAIMS NOT SUBJECT TO SECTIONS ABOVE, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE TEXAS STATE COURTS IN DALLAS COUNTY, TEXAS (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF TEXAS), AND THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS. Getaroom does not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced. You agree that Getaroom may automatically assign this Agreement and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You and Getaroom are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between Getaroom and the vendors or between Getaroom and any other of its Corporate Participants. Getaroom’s failure to insist on strict performance of this Agreement or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site and/or this Agreement must be brought within a maximum of two (2) years from the date on which such claim or action arose or accrued.
Getaroom may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately upon being posted on the Site and your continued participation in the Program after such modification shall be deemed your acceptance of any such amendment. It is your responsibility to check the Terms page of the Site regularly to determine if an amendment to this Agreement has been posted. Other than the posting of such amendment on the Site, Getaroom will not notify you of such amendment. If you do not agree to any modification of this Agreement, you should immediately cease using the Site. This Agreement may not be otherwise amended except in writing, signed by you and Getaroom.
CONSUMER CLUB, INC DBA: WWW.GETAROOM.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST37472.
This Agreement was last amended and posted on this Site on September 15th, 2014.