These Terms of Use contain important information about limitations of liability and dispute resolution, so please read them carefully.

EAN Terms of Use

Last revised: December 10, 2016

These Terms of Use (the Terms) are written in plain English so that they are as easy to understand as possible. We have also used definitions from time to time so that you can follow them more easily. The first time a definition is used, it appears in bold so that you can see it clearly. When it is used again in these Terms, it appears in italics (unless it refers to us or you). In these Terms, the words below have the following meanings.

Affiliate - our marketing affiliates, including affiliates that operate sites through which you can make a booking
Customer Support Agent - (i) a customer support provider of ours or of one of our Group Members, or (ii) a customer support provider of our Affiliate (including a person acting on their behalf), or (iii) a person who provides customer support on behalf of us or our Group Members
Booking - a hotel reservation
Group Member - an entity that, directly or indirectly through one or more intermediaries, controls us, is controlled by us, or is under common control with us, including Travelscape LLC (a Nevada limited liability company) and Vacationspot, SL (a company registered in Spain)
Hotel Reservation - a reservation for accommodations, including accommodations that are part of a package we and our Group Members offer from time to time
we - EAN.com L.P., a Delaware limited partnership
you - the individual or corporate end customer who searches our information or books a hotel
These Terms set out the conditions for the following activities of yours.

information about hotel reservations that we and our Group Members provide to our Affiliates and Customer Support Agents (our information) Use and completion of a Booking Please read these Terms carefully before you start searching our information and/or making a Booking. We recommend that you print a copy of these Terms for future reference.
By searching our information and/or making a Booking, you are deemed to accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our information, contact our Customer Support Agents, or make a Booking.
Other applicable terms These Terms also include additional rules and restrictions (the Rules), including the cancellation policy of the hotel reservation supplier that may apply to your Booking. These Rules are provided before the Booking is completed, and every Booking is subject to the Rules stated on the booking page. Please read these Rules carefully. If you make a Booking on behalf of another person, you must inform that person of these Rules and that the same Rules apply to them.
We have the sole discretion to refuse use of our information and hotel reservations at any time, for any reason (including, without limitation, a breach of these Terms).
Changes to these Terms We may revise these Terms at any time by amending this page, and updated versions are posted online from time to time.
Please check this page for changes each time you make a Booking. These changes bind you for all matters except Bookings completed before the date of the last change (see the upper right). The terms in effect at the time of the Booking continue to apply to that Booking.
Purpose of our information Our information is provided only to help you gather travel information, check the availability of a hotel reservation, make a lawful Booking, or otherwise communicate with a Customer Support Agent.
Unless we agree otherwise in writing, you may not use our information for any other purpose.
Booking conditions As a condition of making a Booking, you warrant the following.

You are at least 18 years of age.
You have authority to enter into a binding legal contract with us and the relevant hotel reservation supplier.
You make a Booking only for yourself, or for another person you are authorized to book for (an Other Person).
You inform that Other Person of these Terms (as we update them from time to time) and of all other applicable terms that apply to the Booking.
All information you provide for a Booking (including information provided on behalf of an Other Person) is accurate, complete, and up to date.
You comply with our acceptable use policy set out below. Acceptable use policy When using our information, you agree that you will not do any of the following.

use our information for a commercial purpose
make any speculative, false, or fraudulent Booking, or any Booking in anticipation of a surge in demand
use, monitor, or copy our information, for any particular purpose and without our express written approval, by means of a robot, spider, scraper, or any other automated means or any manual process
violate any robot-exclusion prohibition relating to our information, or bypass any measure used to prevent or restrict use of our information
take any action that, in our judgment, imposes or may impose an abnormal or disproportionately large workload on our infrastructure
deep-link to any portion of our information (including, without limitation, the purchase path for a travel product) for any particular purpose without our express written approval, or frame, mirror, or otherwise incorporate any portion of our information into any other website without our prior written approval
Third-party links Our information may contain links to other sites and resources provided by third parties. These links are provided for your reference only. They do not mean that we endorse the materials contained in those sites or resources.
We have no control over the contents of those sites or resources. In particular, we are not responsible for the privacy practices or other practices of those sites.
Payment for a Booking When you request a hotel reservation, you authorize us, or one of our Group Members, to make the hotel reservation on your behalf, including arranging payment with the accommodation supplier.
When payment for a Booking is due depends on whether you pay the hotel reservation charge in advance (a Prepaid Booking). This is disclosed to you before the Booking is completed.
Taxes and fees may differ depending on the two payment options. Tax rates and exchange rates may change between the time of the Booking and the time you actually use the hotel reservation.
Coupons may be available, but the specific terms of the coupon always apply. If you want to use a coupon, it can be applied only to a Prepaid Booking.

• Prepaid Booking ("Pay Now")
• A Prepaid Booking is paid at the time of the Booking. You authorize us to charge the total Booking price. This includes, in addition to the hotel reservation amount displayed by our Affiliate, any additional tax recovery charges, taxes, service fees, any taxes that may be imposed on our services, and any additional booking fees charged separately by our Affiliate.
  If advance payment of the Booking is required, or if you choose to pay at the time of the Booking, we, one of our Group Members, or our Affiliate will immediately charge the total price to your credit card.
• Pay Later
• If advance payment of the Booking is not required, you may choose to pay when you use the hotel reservation.
  If you select the "Pay Later" option, the hotel reservation supplier collects the hotel reservation charge in the local currency when you use the hotel reservation.
• Additional information
• If you pay at the time of the Booking, a Group Member, or an Affiliate performing services on behalf of us or our Group Members, receives that payment and charges it to your credit card.
  That company receives the payment on behalf of the hotel reservation supplier. Some banks and card companies charge the account holder a transaction fee when the country of the card issuer and the country of the merchant (as defined by the card brand, such as Visa, MasterCard, or American Express) are different. The exchange rate and any transaction fee, where applicable, are determined solely by the bank or other institution that processes the transaction. Such a fee may be applied by the card issuer as a charge to the cardholder account. Where the card issuer applies the fee, it appears on the credit card or debit card statement separately from the transaction amount. The amount shown on your credit card or debit card statement may therefore differ from the amount on the billing summary page for the reservation made through our information. If you have a question about this fee or about the exchange rate applied to the Booking, please contact your bank.
  Some accommodation suppliers may require you and/or an Other Person to present a credit card or a cash deposit at check-in to cover additional charges incurred during the stay.
  That deposit is unrelated to the amount paid to us in connection with the Booking.

Cancellation or change of a Booking The Rules state the applicable cancellation period during which you may cancel or change a Booking (the Cancellation Period). In limited cases, some Bookings cannot be changed or cancelled after they are completed, as stated in the cancellation policy of the particular hotel.
Where permitted, you may cancel or change a Prepaid Booking during the Cancellation Period, but a cancellation or change fee is charged as stated in the cancellation policy of the particular hotel.
If a Booking can be cancelled or changed, but you do not cancel or change it before the Cancellation Period ends, you must pay a cancellation fee equal to one night of the hotel reservation charge, taxes or tax recovery charges where applicable, service fees, and any other additional booking fees charged separately by our Affiliate (the Cancellation Charge), whether or not you use the hotel reservation.
If you do not stay on the first day of the Booking and plan to check in on a later day of the stay, you must confirm this with our Affiliate no later than the first day of the Booking. Otherwise the Booking is cancelled, and a Cancellation Charge may be applied. Group Bookings We cannot guarantee a booking of eight or more rooms with an accommodation supplier for the same stay dates (a Group Booking). If you make a Group Booking online, we may cancel that Group Booking and charge you the cancellation fee stated in the Rules. If you paid a non-refundable deposit for a Group Booking, that deposit is not refunded. Fraudulent Bookings If a Booking, including any related payment card, shows signs of fraud, abuse, or suspicious activity, or is associated with such activity, we or our Affiliate may cancel every Booking associated with your name or email address. We may also verify, that is pre-authorize, any credit card used to pay for the Booking. If you, or the owner of a credit card used to pay for the Booking, have committed fraud, we have the right to take all necessary legal action, and you and/or the card owner are liable for the losses of us and our Group Members, including legal costs and damages. To dispute a cancellation, please contact our Affiliate.
Packages If a hotel reservation is provided together with another travel product, for example a flight (a Package), the Affiliate that provided the Package is responsible for every change to that Package. Taxes You acknowledge that, except as described below concerning our tax obligations on amounts we retain for our services, we do not collect taxes for remittance to the applicable taxing authorities. The accommodation supplier invoices us for certain charges, including taxes where applicable. The accommodation supplier is responsible for remitting the relevant taxes to the relevant tax authorities. The tax recovery charge imposed on a Prepaid Booking represents estimated transaction taxes that we pay the accommodation supplier in connection with the room rental, for example sales and use tax, occupancy tax, room tax, excise tax, and value-added tax. Whether tax applies, and the appropriate rate, vary by location. The actual tax we pay the accommodation supplier may differ from the tax recovery charge, depending on the rates in effect and on whether tax applies at the time you actually use the hotel reservation.
You acknowledge that we provide you, for a fee, with a service that facilitates a hotel reservation. We receive a service fee as our charge for the booking service. Our service fee varies with the cost and type of the hotel reservation. In certain jurisdictions, sales, use, and/or local hotel occupancy tax is imposed on the amount we charge for our services (the service fee and/or facilitation fee). The actual tax on the service may vary according to the rate that applies at the time you actually use the hotel reservation.
You acknowledge that an authority in a particular country may also impose an additional sales, use, and/or local hotel occupancy tax payable locally, for example a tourist tax. You are solely responsible for any such additional tax. International travel It is your responsibility to meet the applicable entry requirements, to obtain travel documents such as a passport and visas (transit, business, tourist, and other visas), and to satisfy any other entry requirements.
We provide hotel reservations for certain international travel products, but we do not represent or warrant that travel to that destination is advisable or without risk, and we are not liable for any damage or loss that may result from travel to that destination. We recommend that you check the foreign travel guidance of your own country. Disclaimer We and our Group Members will do our best to update our information so that it remains accurate. Our information is, however, supplied by our hotel reservation suppliers.

Our information may therefore be changed, improved, amended, or removed at any time. A reservation may also become unavailable, or may change, at any time without notice, and neither we nor our Group Members are liable for that.
We disclaim all liability for errors or other inaccuracies in our information, including, without limitation, hotel reservation prices, hotel photographs, lists of hotel amenities, and general hotel descriptions.
We do not guarantee the availability of any particular hotel reservation.
We make no statement about the suitability of our information for any purpose.
Hotel ratings shown in our information are provided only as a general guide, and we and our Group Members cannot guarantee the accuracy of those ratings.
Including or offering a hotel reservation is not an endorsement or recommendation of that hotel reservation by us or our Group Members.
We disclaim all warranties and assumptions that our information and services, or any email sent by us or our Group Members, are free of viruses or other harmful components.
All of our information and services are provided "as is," without warranty of any kind.
We expressly reserve the right to correct any pricing error and/or any Booking made at an incorrect price. In that case you may keep the Booking at the corrected price, or cancel the Booking without a penalty where that is possible. Our liability to you Hotels and other suppliers that provide hotel reservations to us are independent contractors. They are not agents or employees of us or of our Group Members.
We and our Group Members are not liable for the following.

any act, error, omission, representation, warranty, breach, or negligence of any Affiliate or hotel reservation supplier any injury, death, property damage, or other damage or expense resulting from the above We and our Group Members are not liable for the following, and do not refund amounts received.

delay
cancellation
overbooking
strike
force majeure
any other cause beyond our direct control
We also accept no liability for any additional expense, omission, delay, rerouting, or act of a government authority.
To the maximum extent permitted by applicable law, neither we nor our Group Members are liable in any event for any direct, indirect, punitive, incidental, special, or consequential damages arising from, or in any way connected with, the following. Your use of our information any delay or inability to use our information, including, without limitation, any computer virus, information, software, linked site, and Booking
This applies on any basis, including negligence, contract, tort, strict liability, or consumer protection law, and even if we or our Group Members were advised in advance of the possibility of those damages.
Notwithstanding the limitations above, if we or our Group Members are found liable for any loss or damage arising from, or in any way connected with, the events above, our liability or that of our Group Members will in no event exceed the greater of the following two amounts.

the booking fees you paid to us, our Group Members, or an Affiliate in connection with the relevant Booking
one hundred U.S. dollars (US$100.00), or the equivalent in local currency
Nothing in these Terms excludes or limits our liability for any matter that cannot be excluded under applicable law.
The limitation of liability reflects the allocation of risk between you and us.
The limitations in this section apply even if a limited remedy specified in these Terms fails of its essential purpose.
The limitations of liability in these Terms are for the benefit of us and our Group Members. Indemnity You agree to defend and indemnify us, our Group Members, and their officers, directors, employees, and agents against claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or any other costs of any kind, including, without limitation, reasonable legal and accounting fees claimed by a third party, in any of the following cases.

your breach of these Terms
your violation of the law, or your infringement of a third party's rights
your use of our information Intellectual property Our information, including, without limitation, hotel reservation prices and availability, is owned by us or by our suppliers and providers.
We agree that you may make limited copies, using our information, of an itinerary and of other information relating to a Booking. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or resell any information, software, products, or services that include or relate to a hotel reservation or to our information. Copyright and trademark notices All content of our information is copyrighted (©2016 Expedia, Inc. All rights reserved). Expedia, Expedia Affiliate Network, EAN, TravelNow, Hotels.com™, the Expedia Affiliate Network logo, the TravelNow logo, and the Hotels.com™ logo are registered trademarks or trademarks of Expedia, Inc. in the United States and/or other countries. Other logos, products, and company names mentioned here may be registered trademarks of their respective owners. We are not responsible for the content of websites operated by third parties.
If you are aware of an infringement of our brands, please tell us by email at [email protected]. Only messages about brand infringement are handled at this email address. Governing law Our information is provided by a U.S. entity, and the laws of the State of Washington, United States, apply to these Terms. You agree that the courts of King County, Washington, United States, have exclusive jurisdiction over any dispute arising from these Terms or in connection with your use of our information. Our information may not be used in any jurisdiction that does not give effect to all provisions of these Terms. Disputes We and our Group Members work for customer satisfaction, and if you have a problem or a dispute we will do our best to resolve it. If we cannot resolve it, you may proceed with a Claim as described in this section.
You agree to contact us using the customer service information provided at the time of the Booking, and to give us an opportunity to resolve any dispute or claim relating in any way to our information, a Booking, a transaction with our Customer Support Agents, a hotel reservation, or any statement by us (a Claim). If your Claim is not resolved within 60 days, you may seek relief through arbitration or in small claims court, as set out below.
Every Claim is resolved by binding arbitration, not in court, except that you may bring a Claim individually in small claims court if the Claim meets the requirements of that court. This includes any Claim you bring against us, our affiliates, a travel supplier, or any other company that offers products or services through us, each of which is a beneficiary of this arbitration agreement. It also includes any Claim that arose before you agreed to these Terms, whether or not an earlier version of these Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration decision is limited. An arbitrator may, however, award damages and relief on an individual basis to the same extent as a court, including statutory damages, attorneys' fees, and costs, and must follow and enforce these Terms as a court would.
Arbitration is conducted by the American Arbitration Association (the AAA), and the AAA rules, including the AAA Consumer Rules, apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of arbitration filing, administration, and arbitrator fees follows the AAA rules, except as stated in this section. If the total compensation sought in all of your Claims is less than US$10,000, we will reimburse the filing fee you paid to the AAA and will pay the arbitrator fees, unless the arbitrator determines that your Claim is frivolous. You may choose to proceed by telephone on the basis of written submissions, or in person in the state where you live or at another mutually agreed location.
To start arbitration, you must send a letter requesting arbitration and describing your Claim to "Expedia Legal: Arbitration Claim Manager," Expedia, Inc., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or postal address you provided. The party requesting arbitration must also send a copy of the request to the AAA at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, at www.adr.org, or to any AAA office.
Any proceeding to resolve a Claim is conducted only on an individual basis, and not as a class, consolidated, or representative action. If for any reason a Claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration award may be confirmed by any court that has jurisdiction. General You agree that no joint venture, partnership, or employment relationship exists between you and us, or our Group Members, as a result of these Terms or of your use of our information.
You acknowledge that, for the imposition of VAT (value added tax) under Directive 2006/112/EC, the tax authority of the relevant jurisdiction will treat Travelscape, LLC or VacationSpot, SL (or any other Group Member we designate) as the supplier of the hotel reservation for Prepaid Bookings and Packages.
Our performance of these Terms is subject to existing law and legal process, and nothing in these Terms limits our right to comply with law enforcement or with any other governmental or legal request or requirement relating to your use of our information, or to information we collect and provide in connection with that use.
We may assign our rights and obligations under these Terms to another organization, but this does not affect your rights or obligations under these Terms. You may assign your rights or obligations under these Terms to another person only with our written agreement.
To the extent permitted by applicable law, you agree to bring any claim or action arising in connection with your use of our information within two years from the date the claim or action arose. Otherwise the claim or action is waived.
If any part of these Terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions are not affected or impaired in any way. Our failure to enforce a provision of these Terms, or any delay in enforcing it, does not waive our right to enforce that provision or any other provision in the future.
These Terms, and any other terms of use referred to in them, are the entire agreement between you and us concerning our information and/or a Booking. They prevail over all earlier or contemporaneous communications and proposals between you and us concerning our information and/or a Booking, whether electronic, oral, or written. A printed version of these Terms, and a printed version of any notice given in electronic form, will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent, and on the same conditions, as other business documents and records originally generated and kept in printed form.
Fictional company names, products, people, characters, and/or data mentioned in our information do not represent any real person, company, product, or event.
We reserve all rights not expressly set out here. Our details Travelscape LLC 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
Registration as a seller of travel in California does not require approval by the state.
New York tax registration numbers:
Travelscape, doing business as Expedia Travel, has New York sales tax vendor registration number 880392667, and New York City hotel occupancy tax registration number 033960.
Click here for additional information.
New York State Certificate of Authority
New York City Certificate of Authority

©2016 EXPEDIA, INC. All rights reserved.