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Terms And Conditions Of Use (“Terms of Use”)

Last Revised on April 13th, 2010

AGREEMENT BETWEEN CUSTOMER (“CUSTOMER”) AND HOTELSFORHOPE.COM (“WEBSITE”)

The services of www.hotelsforhope.com (the “website”) are offered by Goldman & Goldman Enterprises, LLC d/b/a Hotels for Hope (“H4H”) to our customers under the following terms and conditions. Your use of this website constitutes your agreement to all such terms and conditions without modification. By accessing or using this website, you agree that the Terms of Use then in force shall apply. Any rights not expressly granted herein are reserved. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through an arbitration procedure, rather than in court. If you do not accept these Terms of Use, please exit the website immediately.

Ownership

The online booking engine technology you are using is a service provided exclusively by and is the sole property of Alliance Reservations Network (Alliance). H4H licenses the booking engine technology from Alliance to be used on the website subject to the terms of agreement between Alliance and H4H. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as Suppliers. H4H retains all rights to display Supplier's content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks.

Limitations on Use of Website

By using the website, you represent and warrant to H4H that:
1. You are at least 18 years of age;
2. You have the legal authority to create and enter into a binding legal obligation;
3. You will only use this website in accordance with these Terms of Use;
4. You will only use this website to make transactions for yourself or for another that you are legally authorized to act on behalf of;
5. If you enter into a transaction on behalf of another individual, you agree to notify that individual of these Terms of Use;
6. All information that you provide H4H through the website is true, current and complete;
7. You will not use this website or information, images or data on the website for any legal purpose, or for any purpose that is prohibited by this Agreement;
8. You agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from, or sell any product, services or information obtained from this website;
9. You will only make legitimate reservations or purchases and shall not use this website to make any speculative, false or fraudulent reservation, or any reservation in anticipation of demand;
10. You agree to be financially responsible for all uses of this website and for the use of your name and credit card account to pay for products and services purchased through this website by yourself and members of your household, including minors living with you; and
11. You understand that H4H reserves the right at its sole discretion to deny access to anyone to the website and the services offered on the website at any time and for any reason, which includes, but is not limited to, a violation of these Terms of Use.

Reservation Types

Prepaid Reservation - Paid online at the time of booking

You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the room(s), plus an additional amount for the tax recovery charges and service fees (if applicable). The tax recovery charge is assessed to recover the amount we pay to the property in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer. There may be restrictions on cancellations of a Prepaid Reservation, including non-refundability, cancellation fees, change fees, or the hotel may not provide for . You agree to pay any cancellation fees that you incur.

Pay on Arrival - Payment is secured by the property upon your arrival

The total room charges plus tax and incidentals are secured by the property upon your arrival, and charged by the property upon your departure. Some properties may charge a deposit in advance of your arrival. A Pay on Arrival reservation may require a service fee to obtain the advertised rates. This service fee may range from $0.00 to $10.00 (USD) per room/per night. The service fee is non-refundable and will be charged when you place your reservation. The service fee will appear on your credit card statement under Hotel Accommodations.

Social Component of Reservation

Because H4H integrates a socially responsible component into each reservation booked through this website, you are agreeing that $1 from the hotel and $1 from H4H may be contributed to a 501(c)(3) charity. Upon checkout, you might see language regarding these fees

Relationship

The relationship between the travel vendors supplying services (Suppliers), H4H, and you will be that of a rooms provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

Refusal of Service

H4H reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law.

Termination of Site

H4H reserves the right to terminate the website and cancel the service provided by the website at any time for any reason or no reason at all.

Customer Changes and Cancellations

You may cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory you agree to purchase. Some cancellations or room-night reductions may result in a $10 (USD) per room, per night service fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the hotel and room type you reserved, you may be subject to a charge of one-night's room rate, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the room rate cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any completed reservation. Please review the terms and conditions associated with your reservation!

Bank and Credit Card Fees

Some banks and credit card impose fees for international transactions. If you are making a booking from outside the United States, the bank or credit card may convert your home currency into local currency and charge you a conversion fee. If this is the case, the amount shown on your credit or bank card statement may be in your local currency and so therefore a different amount shown on the website. The exchange rate and conversion fee are solely determined by your bank on the day that the transaction is processed. H4H has no ability to dictate these fees.


Promotions and Discounts

All promotions and discounts, including but not limited to promotional codes, group buying codes, price match codes, personal promotional codes, membership based discounts, and other discounts applied by the user on the Site, herein referred to as “Promotional Offers”, are not combinable at any time. Promotional Offers must be entered into the booking process at the time of purchase to be considered valid. H4H has the right to deny the use of a Promotional Offer.

If you received your Promotional Offer through a membership program, H4H reserves the right to terminate your membership if you act fraudulently or use the Promotional Offer obtained through the membership program in a way that does not comply with these terms and conditions, or any federal or state laws, regulations, statutes or ordinances. If your membership is terminated, you may lose all benefits associated with your membership. If we believe that you violated the law, we may also take appropriate administrative and/or legal action against you, including criminal prosecution if necessary.

You cannot sell or transfer your Promotional Offer, or combine them with another person’s Promotional Offer. Any benefits from the Promotional Offer are not transferrable under any circumstance, including death, divorce, or operation of law.

Promotional Offer prices are available on selected hotels and on selected dates only. The Promotional Offer price will only be displayed when applicable to your hotel search. No other discounts may be applied to a Promotional Offer price. You will recognize Promotional Offer pricing where the original nightly rate of a hotel room has been struck-out and the discounted Promotional Offer pricing is listed instead. Promotional Offer pricing is subject to change at any time; however, any changes made to the Promotional Offer pricing will not affect bookings already accepted by H4H.

The Promotional Offer and Promotional Offer pricing are void where prohibited by law. Our failure to enforce any provision in these terms and conditions shall not constitute a waiver of that or any other provision.

Our decision on all questions or disputes regarding the Promotional Offer and Promotional Offer pricing is final.


International Travel

If you book international travel through the website, you are responsible for ensuring that you meet foreign entry requirements. You are also responsible for making sure that your travel documents, such as your passport and any visa requirements are met. H4H does not have any knowledge regarding requirements for accessing foreign countries and the requirements that those foreign countries might impose. Customers booking international travel through the website are encouraged to review travel prohibitions, warnings, announcements and any advisories issued by the foreign government of the country to which you are traveling prior to booking international travel. H4H makes no representations through the website or otherwise that it has provided any advice on passports and visas, health concerns or requirements of the foreign country, or any other information related to the foreign country that could have adverse effects on the customer.

BY OFFERING RESERVIATIONS FOR TRAVEL PRODUCES IN CERTAIN INTERNATIONAL DESTINATIONS, H4H DOES NOT REPRESENT OR WARANT THAT TRAVEL TO OR STAY IN SUCH AREAS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABBLE FOR DAMAGES OR LOSSES THAT MAY RESULT TO THE CUSTOMER OR THE CUSTOMER’S BELONGINGS FROM TRAVEL TO FOREIGN DESTINATIONS.


LIABILITY DISCLAIMER
The Information, Software, Products and Services provided by this website may include inaccuracies or errors, including pricing errors. H4H does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel or other travel accommodations (including, without limitations, pricing, photographs, list of hotel amenities, general product descriptions, etc.) H4H also reserves the right to correct any pricing errors on the website and/or any pending reservations made under an incorrect price.

H4H makes no representations about the suitability of the information, products and services included on the website for any purpose and the inclusion of any product or service on the website does not constitute an endorsement or recommendation of such product or service by H4H. Any information gathered from the website is on an “as-is” basis without warranty.

H4H is not liable for the acts of any acts, errors, omissions, representations, warranties, breaches or negligence of any suppliers to the website or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

H4H is not liable for any delay, cancellation, overbooking, strike, force majeure or other causes beyond H4H’s direct control and shall have no responsibility for any additional expenses, omissions, delays, or acts of any government or authority.

In no event shall H4H or H4H Affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to or use of the website. H4H and H4H Affiliates shall not be liable for any delay or inability to access or use the website. H4H and H4H Affiliates shall not be liable for any computer viruses, information, software, linked sites, products and services obtained through use of the website, or otherwise arising out of the access to or use of the website under any theory of recovery under the law.

If, despite the above limitations, H4H or H4H Affiliates are found liable for any loss or damage arising out of any of the occurrences listed above, then in no event shall H4H or H4H Affiliates be liable in an amount greater than the commissions received by H4H.

This limitation of liability reflects the agreed upon allocation of risk by the customer and H4H. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed. The limitations of liability as provided in this Agreement shall inure to the benefit of H4H, H4H Affiliates and any supplier to the website.

Indemnification

You agree to defend and indemnify H4H and H4H Affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, fines, penalties or any other costs or expenses of any kind and nature including but not limited to reasonable legal and accounting fees brought by 3rd parties as a result of (i) your breach of these Terms of Use; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.

Additional Terms and Conditions

Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. Any specific terms related to a specific booking shall be noted along with the booking.

Other Miscellaneous Terms

The supplier of the software licensed by H4H may require that the supplier post the following notice: Registered seller of travel in California under its seller of travel regulations. California registration number: 2059975-40. Registration as a seller of travel in California does not constitute the state's approval.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. In addition to any other rights or remedies available to H4H, and without any liability to any customer, H4H, at its sole discretion may terminate or restrict any user's access to the website at any time and without notice.

Links to Third-Party Websites

This website may contain hyperlinks to websites operated by parties other than H4H. Such hyperlinks are provided for your reference only. H4H does not control such websites and is not responsible for their contents, commitments, or obligations. H4H inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Third-Party Conditions

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priceline terms

Copyright and Trademark Notices

Content included on the website is either the property of H4H or its suppliers. Certain logos, product names, and company names mentioned on the website may be trademarks of their respective owners. If you are aware of an infringement of our brand, please let us know immediately.

Governing Law And Stipulation Of Venue

The laws of Texas govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A., in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In no event does use of the website in a different state subject H4H to any legal action within that state.

Arbitration

Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall bear their own costs and attorney’s fees and neither party may seek payment for such costs and attorney’s fees at the conclusion of the arbitration.

Entire Agreement

This Agreement, as well as the Privacy Policy, contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.

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