TERMS OF USE FOR EGENCIA WEBSITE
Welcome to the Egencia website (the "Website"). This Website is provided solely to
assist companies who subscribe the Egencia service (each, a "Company") to manage their
business travel needs, including gathering travel information, determining the availability
of travel-related goods and services, making legitimate reservations for themselves or on
behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
Effective July 17, 2008, Expedia Corporate Travel changed its name to Egencia. The
change of name will have no effect on transactions conducted under our previous name.
The terms "we", "us", "our", and "Expedia" refer to Expedia, Inc., a Washington
corporation and/or our subsidiaries (including, but not limited to, Egencia, LLC.).
The term "you" refers to any employee of a Company visiting the Website, booking a
reservation through this Website, and/or booking a reservation through Egencia agents.
This Website is offered to you conditioned upon your acceptance without modification of
all the terms, conditions, and notices set forth below (collectively, the "Terms of Use ")
and your compliance with the terms set forth in your Company's subscription agreement
pursuant to travel services obtained through this Website. By accessing or using this
Website in any manner, you agree to be bound by the Terms of Use. Please read the
Terms of Use carefully. If you do not accept all of these terms and conditions, please do
not use this Website. Be sure to return to this page periodically to review the most current
version of the Terms of Use. We reserve the right at any time, at our sole discretion, to
change or otherwise modify the Terms of Use without prior notice, and your continued
access or use of this Website signifies your acceptance of the updated or modified Terms
of Use.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years
of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you
will use this Website in accordance with the Terms of Use, (iv) you will only use this
Website to make legitimate reservations for yourself or on behalf of those parties within
your Company for whom you are legally authorized to act, (v) all information supplied
by you on this Website is true, accurate, current and complete, and (vi) you will
safeguard your Egencia account information and will supervise and be completely
responsible for any use of your account by anyone other than you. To the extent that you
are making travel reservations on behalf of another employee of your Company (e.g., as a
travel manager, assistant or other representative), you represent and warrant that such
employee agrees to and is bound by these terms and conditions. We retain the right at our
sole discretion to deny access to anyone to this Website and the services we offer, at any
time and for any reason, including, but not limited to, for violation of the Terms of Use.
PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, price and
availability of travel services), as well as the infrastructure used to provide such content
and information, is proprietary to us or our suppliers and providers or to your Company,
those suppliers with whom your Company may have contracted directly with for travel
services. While you may make limited copies of your travel itinerary (and related
documents) for travel or services booked through this Website, 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 this Website. Additionally, you
agree not to:
(i) use this Website or its 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 of this Website 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 this Website or bypass or
circumvent other measures employed to prevent or limit access to this Website;
(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 this Website (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 this Website into any other
website without our prior written authorization.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of travel-related
goods and services that you select. Please read these separate terms and conditions
carefully. You agree to abide by the terms and 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. 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 rules and restrictions may result in
cancellation of your reservation(s), in your being denied access to the applicable travel
product or services, in your forfeiting any monies paid for such reservation(s), and/or in
our debiting your account for any costs we incur as a result of such violation.
PRIVACY POLICY
Egencia believes in protecting your privacy. Please click here to review our current
Privacy Policy, which also governs your use of Expedia.com, to understand our practices:
Egencia Privacy Policy
CORPORATE TRAVEL POLICIES
Your Company may provide Egencia with its applicable travel policies ("Corporate Travel
Policies"). We will assist your Company to apply the terms and conditions of its
Corporate Travel Policies when transacting business with you. If you have any questions
regarding the rules and regulations of your Corporate Travel Policy, please contact your
Company directly for clarification.
PREPAID HOTEL RESERVATIONS
You acknowledge that Egencia pre-negotiates certain room rates with hotel suppliers to
facilitate the booking of reservations on your behalf. The room rate displayed on the
Website is a combination of the pre-negotiated room rate for rooms reserved on your
behalf by Egencia and the facilitation fee retained by Egencia to compensate us for our
services. You authorize Egencia to book reservations for the total reservation price,
which includes the room rate displayed on the Website, plus tax recovery charges, and
service fees. You agree that your credit card will be charged by Egencia for the total
reservation price. Upon submitting your reservation request you authorize Egencia to
facilitate hotel reservations on your behalf, including making payment arrangements with
hotel suppliers.
You acknowledge that Egencia does not collect taxes for remittance to applicable taxing
authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the
estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value
added tax, etc) that Egencia pays to the hotel supplier in connection with your hotel
reservations. The hotel suppliers invoice Egencia for tax amounts. The Hotel suppliers
remit applicable taxes to the applicable taxing jurisdictions. Egencia does not act as
co-vendors 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 Egencia 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.
You may cancel or change your prepaid hotel reservation, but you will be charged the
cancellation or change fee indicated in the rules and restrictions for the hotel reservation.
In addition, if you do not cancel or change your reservation before the cancellation policy
period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours)
prior to your date of arrival), you will be subject to a charge of applicable nightly rates,
tax recovery charges and service fees. In the event you do not show for the first night of
the reservation and plan to check-in for subsequent nights in your reservation, you must
confirm the reservation changes with Egencia, as appropriate, no later
than the date of the first night of the reservation to prevent cancellation of your
reservation. You must make refund requests for no-shows or early checkouts within 60
days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some
hotels do not permit changes to or cancellations of reservations after they are made, as
indicated in the rules and restrictions for the hotel reservation. You agree to abide by the
terms and conditions imposed with respect to your prepaid hotel reservations.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without
incident, travel to certain destinations may involve greater risk than others. Egencia 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.
Please click here to obtain information on passport requirements and travel
documentation requirements:
Passport Requirements / Egencia
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL
DESTINATIONS, EGENCIA DOES NOT REPRESENT OR WARRANT THAT
TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT
LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO
SUCH DESTINATIONS.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING
PRICING ERRORS. IN PARTICULAR, EGENCIA, AND CORPORATE AFFILIATES
(COLLECTIVELY, THE "EGENCIA COMPANIES") AND THE AFFILIATED,
CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE
PROVIDE SERVICE (COLLECTIVELY, "EGENCIA 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 DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT
LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES,
GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION
IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, EGENCIA
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, WE WILL OFFER YOU THE
OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT
PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION
WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY
GENERAL GUIDELINES, AND THE EGENCIA COMPANIES AND THE EGENCIA
AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE
EGENCIA COMPANIES, THE EGENCIA AFFILIATES AND THEIR RESPECTIVE
SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF
SPECIFIC PRODUCTS AND SERVICES. THE EGENCIA COMPANIES, THE
EGENCIA AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE EGENCIA COMPANIES, THE EGENCIA 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 EGENCIA
COMPANIES OR THE EGENCIA AFFILIATES. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE EGENCIA COMPANIES, THE EGENCIA
AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL
WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY
EMAIL SENT FROM THE EGENCIA COMPANIES, THE EGENCIA AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE EGENCIA COMPANIES, THE EGENCIA
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 PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR
OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS
AND NOT AGENTS OR EMPLOYEES OF THE EGENCIA COMPANIES, OR THE
EGENCIA AFFILIATES. THE EGENCIA COMPANIES AND THE EGENCIA
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 THEREFROM.
THE EGENCIA COMPANIES AND THE EGENCIA 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 EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE EGENCIA COMPANIES, THE EGENCIA 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
WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED
SITES, PRODUCTS, AND SERVICES OBTAINED 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, OR OTHERWISE, AND EVEN IF THE EGENCIA
COMPANIES, THE EGENCIA AFFILIATES AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the Egencia Companies, the Egencia 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 Egencia Companies, the Egencia
Affiliates or their respective suppliers liabilities will in no event
exceed, in the aggregate, the greater of (a) the transaction fees assessed for your
transactions on this Website, or (b) One-Hundred Dollars (US$100.00).
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 the Egencia Companies, the
Egencia Affiliates, and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the Egencia Companies, the Egencia 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:
(a) your breach of the Terms of Use or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Egencia. 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 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.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the
copyrighted work of Egencia, Egencia Affiliates, and/or our respective suppliers. Your
use of such Software is governed by the terms of the end user license agreement, if any,
which accompanies, or is included with, the Software ("License Agreement"). You may
not install or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms. For any Software made available
for download on this Website not accompanied by a License Agreement, we hereby grant
to you, the user, a limited, personal, nontransferable license to use the Software for
viewing and otherwise using this Website in accordance with these terms and conditions
and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X
controls contained on this Website, is owned by the Egencia Companies, Egencia
Affiliates, and/or our respective suppliers, and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the Software is
expressly prohibited, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as
guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency
quotes are not updated every day. Check the date on the currency converter feature for
the day that currency was last updated. The information supplied by this application is
believed to be accurate, but the Egencia Companies, the Egencia 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.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2008 Expedia, Inc. All rights reserved. Expedia, Inc.
is not responsible for content on websites operated by parties other than Expedia.
Expedia, Expedia.com, Egencia, and the Egencia logo are either registered trademarks or
trademarks of Expedia, Inc. in the U.S. and/or other countries. Other logos and product
and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at
hotline@expedia.com. We only address messages concerning brand infringement at this
email address.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us
infringe your copyright, please click here for additional information: Copyright
Complaint Policy.
GENERAL
Your use of mapping available on this Website is governed by the Microsoft Terms of
Use and Microsoft Privacy Statement. Microsoft reserves the right to change the
Microsoft Terms of Use and Privacy Statements at any time, at their sole discretion.
Please click here for additional information: Microsoft Terms
of Use and Microsoft Privacy Policy.
This Website is operated by a U.S. entity and the Terms of Use are governed by the laws
of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, USA, 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.
You agree that no joint venture, partnership, or employment relationship exists between
you and the Egencia Companies as a result of the Terms of Use or your use of this
Website.
Our performance hereunder is subject to existing laws and legal process, and nothing
contained in the Terms of Use 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. To the extent allowed
by applicable law, you agree that you will bring any claim or cause of action arising from
or relating to your access or use of this Website within two (2) years from the date on
which such claim or action arose or accrued or such claim or cause of action will be
irrevocably waived.
If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the Terms of Use shall continue in effect.
The Terms of Use (and any other terms and conditions referenced herein) constitutes the
entire agreement between you and Egencia with respect to this Website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral, or
written, between you and Egencia with respect to this Website (excluding the agreement
between your Company and Egencia). A printed version of this Agreement and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use 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.
SELLER OF TRAVEL
Egencia is a registered seller of travel in each of the states listed below:
- California registration number: 2083922-50
- Florida registration number: ST-36669
- Hawaii registration number: TAR-5461
- Iowa registration number: 864
- Nevada registration number: 2007-0015
- Washington registration number: 602-416-188
Registration as a seller of travel in California does not constitute the state's approval.
You may be eligible for payment from the Recovery Fund if you have paid money to a
seller of travel registered in Nevada for the purchase of travel services or a vacation
certificate and you have suffered certain financial damages as a result of the transaction.
Please click here for additional information: Recovery Fund Contact Information.
SERVICE HELP
For quick answers to your questions or ways to contact us, visit our Traveler Center. Or,
you can write to us at:
Attn: Egencia Consultants
Expedia, Inc.
3150 139th Ave SE
Bellevue, WA 98005
Revised July 22, 2008
(c) 2008 Expedia, Inc. All rights reserved.