Travel Provider Booking Conditions

Booking Conditions for EAN.com L.P.

OMGhotels.com Limited ("OMGhotels.com") is proud to be an independent agent to several Travel Providers including Ean.com L.P. ("EAN").

Your booking is subject to both the Agency Terms of Business of OMGhotels.com and the Booking Conditions of EAN. This document summarises the Booking Conditions of EAN.

For the avoidance of doubt, each booking made is a separate booking, available separately at exactly the same price and is not a package.

Please ensure you have read, understand and accept both the Agency Terms of Business and the Booking Conditions set out below before finalising your booking.


Travel Provider Booking Conditions



1. Your Contract


The lead passenger on the booking must be at least 18 years of age, and must be authorised to make the booking on behalf of all members of the party.
The booking is confirmed and a binding contract comes into existence, only when OMGhotels.com has both:

issued a booking confirmation and reference on behalf of EAN and;
has received the payment required on booking.

The date of the contract is the date that appears on the confirmation.
Once the contract is made EAN is responsible to provide you with the accommodation booked, and you are responsible for providing payment to EAN via OMGhotels.com.
The booking confirmation will identify the name and address of the accommodation, which you have booked.
Please check all details carefully and notify OMGhotels.com immediately of any discrepancies.
EAN reserves the right to cancel the booking if any balance due is not received by the due date. In that case you will be advised by email, and any cancellation charges will be applied.

2. Payment
You, the customer, are responsible for making all payments of the correct amount and on time to OMGhotels.com. In the event that you have failed to pay all monies due on or in advance of arrival to the hotel, EAN reserves the right to seek payment directly from you.

3. Accommodation Descriptions
EAN takes every reasonable care to ensure that the information published about each hotel, villa, or apartment is accurate; however we cannot accept liability for errors or omissions in the descriptions. Facilities and amenities in accommodation may be temporarily unavailable for operational reasons, where this happens we will do our best to advise as soon as possible.

4. Changes
If you, the customer, wish to make an amendment to your booking, the conditions that apply are as determined by OMGhotels.com in their Agency Terms of Business.
Occasionally EAN has to make changes to details both before and after bookings have been confirmed. Whilst we always try to avoid changes, EAN must reserve the right to do so. Most changes are minor. Occasionally EAN will have to make a more substantial change to the booking ("Significant Change") as defined below:

In event of a significant change, EAN will notify you via OMGhotels.com as soon as possible and provided that there is time to do so before departure, you will be offered the following options:

Please note, the above options are not available for changes other than Significant Changes and no payments will be made for any minor changes.
In all cases, the liability of both EAN and OMGhotels.com for Significant Changes is limited to offering you the customer, the above mentioned options.
No additional expenses, costs or losses will be recompensed, including but not limited to, cancellation costs on other bookings you may have made at the same time.

5. Cancellation
If you, the customer, wish to cancel your booking the conditions that apply are as determined by OMGhotels.com and set out in their Agency Terms of Business. If EAN cancels your booking you will be entitled to a refund of moneys paid against that booking only. No additional expenses, costs or losses will be recompensed, including but not limited to, cancellation costs on other bookings you may have made at the same time.

6. Disputes
EAN is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Customer Support. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “EAN Legal: Arbitration Claim Manager,” at EAN.com L.P., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

7. Accommodation(s)
Only those persons named at the time of booking, or subsequently advised, can occupy the accommodation(s). Should any damage be caused by you or any member of your party to the accommodation(s) or its contents, you will be required to arrange immediate reimbursement before the end of your stay.

8. Passports and Visa
All passengers must be in possession of a valid passport where required and, if necessary, a visa. It is the customer’s responsibility to meet the requirements of the countries they are visiting and we regret that we cannot accept any responsibility for costs incurred if you fail to be admitted to any country.

9. Health and Safety
EAN shall ensure that, at all times, the product, including, but not limited to, all accommodation(s), facilities, furniture and equipment, complies with all national, local, trade and other laws, regulations, rules and codes of practice (including those relating to health, safety, food, fire, security, planning and permits for the provision of hotel and holiday accommodation and the operation of a tourist establishment).
EAN warrants that they have in place a health & safety management system that includes inspections of properties to ensure compliance with the above.
With regards to your accommodation(s) there may be additional health consideration specific to that location, and we recommend you visit your doctor well before travelling to obtain advice. For further information, see www.fco.gov.uk.

10. Prices
You acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have to be paid locally. You are exclusively responsible for paying such additional taxes.

You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The hotel suppliers invoice us for certain charges, including, where appropriate, tax amounts. The hotel suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us 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 our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.

EAN 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.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, for example, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

11. Liability Disclaimer
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the EAN Companies and the EAN Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (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 Website 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.

Hotel ratings displayed on this Website are intended as only general guidelines, and the EAN Companies and the EAN Affiliates do not guarantee the accuracy of the ratings. The EAN Companies, the EAN Affiliates, and their respective suppliers make no guarantees about the availability of specific products and services. The EAN Companies, the EAN Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

The EAN Companies, the EAN Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the EAN Companies or the EAN Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The EAN Companies, the EAN Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the EAN Companies, the EAN Affiliates and/or their respective suppliers are free of viruses or other harmful components. The EAN Companies, the EAN Affiliates 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 this Website are independent contractors and not agents or employees of the EAN Companies or the EAN Affiliates. The EAN Companies and the EAN Affiliates are 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. The EAN Companies and the EAN Affiliates have 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 the EAN Companies, the EAN Affiliates 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 this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the EAN Companies, the EAN Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the EAN Companies, the EAN Affiliates 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 the EAN Companies, the EAN Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to EAN or the EAN Companies in connection with such transaction(s) on this Website, 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 of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the EAN Companies, the EAN Affiliates, and/or their respective suppliers.

12. Indemnification
You agree to defend and indemnify the EAN Companies, the EAN Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
1. your breach of these Terms of Use or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of this Website.

13. Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than the EAN Companies. 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 for you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) 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.

14. Payments and Fees
In the event that your payment is taken at the time of booking, the company taking that payment and charging your credit card will be Travel Partner Exchange or another member of the EAN Companies doing business as EAN, who takes such payment on behalf of the company providing the travel service or the travel service provider directly. Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

15. General
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.br> Your use of mapping available on this Website is governed by the Google Terms of Use and Microsoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx http://www.microsoft.com/maps/assets/docs/terms.aspx http://www.google.com/privacy/privacy-policy.html http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html http://www.maps.google.com/help/legalnotices_maps.html http://maps.google.com/help/terms_maps.html You agree that no joint venture, partnership, or employment relationship exists between you and the EAN Companies as a result of the Agreement or use of this Website.

Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and EAN with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EAN with respect to this Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

15. Seller of Travel
Travelscape is a registered seller of travel in each of the states listed below:

California registration number: 2083930-50
Florida registration number: ST36407
Iowa registration number: 677
Nevada registration number: 20020759
Washington registration number: 602-617-174
EAN.com L.P. is a registered seller of travel in each of the states listed below:<> California registration number: 2083957-50
Florida registration number: ST-36671
Iowa registration number: 865
Nevada registration number: 20070016
Washington registration number: 603-061-663
Registration as a seller of travel in California does not constitute the state's approval.

16. New York State Registration
Travelscape is a registered seller of travel in each of the states listed below:
Our New York sales tax vendor registration number through Travelscape is 880392667 and New York City hotel occupancy tax registration number through Travelscape is 033960