Условия и положения EPS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATION OF LIABILITY AND DISPUTE RESOLUTION
EPS TERMS AND CONDITIONS
We have tried to make these terms of use ( “Terms” ) as clear as possible, using simple language. To make these Terms easier for you to understand, we have also used definitions of certain words and expressions. The first time a particular word or expression is mentioned, it appears in bold. When used again throughout these Terms, it will be capitalized (except for references to “we,” “us,” “our,” or “you,” “your,” and their forms). In these Terms, the following words are given the meanings set forth below:
“Partner” means any of our marketing partners, including those on whose websites you may make a Booking;
“Customer Support Representative” means (i) the customer support service providers who serve us or one of our Group Members; or (ii) customer support service providers who serve our Partners (including any persons acting on their behalf); or (iii) any persons acting as customer support service providers on our behalf or on behalf of our Group Members;
“Booking” means your making a Hotel Booking;
“Group Member” means an entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with us, including Travelscape LLC (a Nevada limited liability company) and Vacationspot, SL ( company registered in Spain); and Travel Partner Exchange SL (a company registered in Spain);
“Hotel Booking” means the reservation of accommodation, including as part of a package, provided by us and our Group Members at the relevant time; And
“we” , “us” , “our” and their forms mean EAN.com LP, a limited liability partnership located in Delaware;
“you”, “your” means the end customer, whether an individual or entity, who views our Information or makes Hotel Bookings.
These Terms constitute the terms on which you may:

• access Hotel Booking information ( “Our Information” ) that we and our Group Members provide to our Partners and Customer Service Representatives in relation to Hotel Bookings; And
• make a reservation.

Please read these Terms and Conditions carefully before viewing our Information and making a Booking. We recommend that you print a copy of these Terms for future reference.
By viewing our Information and/or making a Booking, you confirm that you accept these Terms and agree to be bound by them. If you do not agree to these Terms, you must not use our Information, contact our Customer Service Representatives or make any Booking.
OTHER APPLICABLE CONDITIONS
These Terms also refer to additional rules and restrictions, including the cancellation policies of Hotel Booking providers ( “Policies” ), that may apply to your Booking. These Rules will be made available to you for your review prior to completing your Booking and any Booking will be made in accordance with the Rules set out on the booking page. Please read these Rules carefully. If you are making a Booking on behalf of any other persons, you are responsible for bringing these Rules to the attention of such persons, and for informing such persons of the need to comply with these Rules.
We reserve the right, in our sole discretion, to deny access to our Information and Hotel Reservations at any time and for any reason, including, but not limited to, violation of these Terms.
CHANGES TO THESE TERMS
We may revise these Terms at any time by making changes to this page and we will post an updated version on the website as necessary.
Please check this web page each time you make a Booking to ensure you are aware of any changes we make, as they will be binding on you in all respects, except for any Bookings made prior to the last change date (shown in the top right corner). . The terms and conditions that were in effect when you made a Booking will continue to apply to that Booking.
PURPOSE OF OUR INFORMATION
Our Information is provided solely for the purpose of helping you gather travel information, determine the availability of a Hotel Booking, complete a Booking correctly, or otherwise contact our Customer Service Representatives.
Unless otherwise agreed by us in writing, you may not use our Information for any other purpose.
BOOKING CONDITIONS
As a condition of making a Booking, you warrant that:

• you are over 18 years old;
• you have the authority to enter into a legally binding agreement with us and the relevant Hotel Booking provider(s);
• you will make Bookings only for yourself or for other persons who have authorized you to make such Bookings for them ( “Other Persons” );
• you will bring to the attention of such Others these Terms (as amended at that time) and any other applicable terms and conditions relating to the Booking;
• all information you provide (including any information provided on behalf of Others) in relation to a Booking is true, complete and current; And
• you will comply with the Acceptable Use Policy set forth below.
• not to use our Information for any commercial purposes;
• not make any speculative, abusive or fraudulent Bookings or Bookings in anticipation of demand;
• access, monitor or copy any portion of our Information using any robot, spider, scraper or any other automatic means or manual means for any purpose without our express written permission;
• not violate any robot blocking header restrictions on our Information or circumvent or ignore other measures put in place to prevent or limit access to our Information;
• not to take any action that imposes, or in our opinion may cause, an unreasonable or disproportionately large load on our infrastructure;
• not to deep-link to any part of our Information (including, without limitation, the “path to purchase” for any Travel Products) for any purpose without our express written permission; or
• not to “frame” or “mirror link” or otherwise incorporate any part of our Information into any section of another website without our prior written permission.

ACCEPTABLE USE POLICY
By accessing our Information, you agree:
LINKS TO THIRD PARTY WEBSITES
Our Information may contain links to other websites and resources provided by third parties. Such links are provided for informational purposes only and do not imply any endorsement of the material presented on such websites or resources.
We do not control the content of such websites and resources. In particular, we are not responsible for the privacy or other practices of such websites.
PAYMENT FOR RESERVATION
When you submit your request for a Hotel Booking, you authorize us or one of our Group Members to facilitate the completion of a Hotel Booking on your behalf.
When you pay for a Booking depends on whether you pre-pay for your Hotel Booking ( “Pre-Paid Booking” ) or not, which will be notified to you prior to completing your Booking.
Please note that taxes and fees may vary depending on the payment method you choose. Tax rates and exchange rates may change between the time you make your Booking and your actual use of your Hotel Booking.
Coupons may be provided but are always subject to specific terms and conditions. If you wish to use a coupon, it can only be applied to Prepaid reservations.
Prepaid reservations (“Payment on site”)
Prepaid bookings are paid for by you when making the Booking. You authorize us to complete the Booking at the total Booking Price, which includes the Hotel Booking price quoted by our Partner plus any additional tax refunds, taxes, service fees, any taxes applicable to our services, and any additional Booking Fee , charged separately by our Partner.
If your Booking requires an advance payment or you choose to pay at the time of Booking, the total price of the Booking will be charged to your credit card: (1) by Travel Partner Exchange SL who collects such payment on behalf of one of our Group Members and/or Hotel Booking provider; (2) directly by the travel service provider; or (3) an associate who conducts business on behalf of us or our Class Member.
Payment at the hotel
If prepayment for your Booking is not required, you can pay at the time you use your Hotel Booking.
If you select the Pay at Hotel option, the applicable Hotel Booking provider will charge you for the Hotel Booking in your local currency at the time you use that Hotel Booking.
Additional Information
Some banks and credit card companies charge account holders a transaction fee when the card issuer and payee (as determined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. Where applicable, the exchange rate and transaction fee are determined solely by the bank or other entity conducting the transaction. This fee is charged to account holders by the card issuer. If a fee is charged by your card issuer, it will appear separately on your credit or debit card statement. This means that the amount shown on your credit or debit card statement may be different from what appears on the final invoice page for a reservation made using our Information. If you have any questions about this fee or the exchange rate used to calculate the cost of your booking, please contact your bank.
Some hotels may require you and/or Others to provide a credit card or a cash deposit upon check-in to cover additional charges incurred during your stay. This deposit is not related to the payment received by us for your Booking.
CANCELLATION OR CHANGE OF RESERVATION
The Policy sets out an appropriate cancellation period within which you may cancel or change your Booking ( “Cancellation Period” ). In limited circumstances, some Reservations cannot be changed or canceled once they have been made, as specified in the specific hotel's cancellation policy.
If permitted, you may cancel or modify a Prepaid Reservation during the Cancellation Period and will be subject to the applicable cancellation or modification fee set forth in the specific hotel's cancellation policy.
If you are permitted to cancel or change your Booking but do so after the end of the Cancellation Period, you will be required to pay a cancellation fee equal to the cost of one night's stay in accordance with the rates for the Hotel Booking, plus taxes or tax refund amounts (as applicable). case-by-case), service fee, and any additional booking fee charged separately by our Partner ( “Cancellation Fee” ), whether you use a Hotel Booking or not.
If you do not check-in at the hotel on the first day of your Booking, but plan to check-in on the following days, you must coordinate this with our Partner no later than the date of the first day of your Booking. Otherwise, your Booking may be canceled and you will be subject to a Cancellation Fee.
GROUP BOOKINGS
Please note that we cannot guarantee reservations of eight or more rooms with any accommodation provider for the same hotel stay dates ( “Group Bookings” ). If you make a Group Booking on the Website, we have the right to cancel such Group Booking and charge you any cancellation fee set out in the Rules. If you have paid a non-refundable deposit for your Group Booking, your deposit will be forfeited.
FRAUDULENT RESERVATIONS
If any Booking (including any associated payment cards) exhibits or is associated with potential fraud, abuse or suspicious activity, we or our Partner have the right to cancel any Booking associated with your name or email address. In addition, we may verify (i.e. pre-authorize) any credit card used to pay for the Booking. If you or the holder of any credit card used to pay for a Booking makes any fraudulent transaction, we reserve the right to take any necessary legal action and you and/or the card holder may be held liable for losses incurred by us and Members our group, including legal costs and damages. To appeal the cancellation of a Booking, please contact our Partner.
PACKAGES
If a Hotel Booking is provided to you in conjunction with another travel product (such as air travel) ( a “Package” or “Linked Travel Activities” ), then the Partner who provided that Package or the first travel component of the Linked Travel Activities to you is responsible for any changes to or obligations under this Package or Related Travel Arrangements.
TAXES
You acknowledge that, except for tax obligations in respect of the amount we withhold for our services as set forth below, we do not collect taxes for remittance to the appropriate tax authorities. Accommodation providers invoice us for certain amounts, including, where applicable, tax amounts. It is the responsibility of the accommodation providers to remit applicable taxes to the appropriate tax jurisdictions. The amount of tax reimbursement we charge you for Prepaid Reservations are estimated taxes (such as sales tax, use tax, hotel occupancy tax, hotel occupancy tax, excise tax, value added tax and etc.) that we pay to the accommodation provider to cover taxes paid on room rental income. Tax applicability and the corresponding tax rate vary by location. The actual tax amounts we pay to accommodation providers may differ from the tax reimbursement amounts. This is subject to tax rates, tax applicability, etc. at the time you actually use the Hotel Booking.
You acknowledge that we provide you with services to assist you in making a Hotel Booking for a fee. We retain a service fee as compensation for processing your Booking. Our service fee varies depending on the amount and type of Hotel Booking. Sales tax, use tax and/or local occupancy tax are assessed on the amounts we charge for our services (service fee and/or facilitation fee) in specific jurisdictions. The actual tax on our services may vary depending on the rates in effect at the time you actually use the Hotel Booking.
You acknowledge that local authorities in some countries may impose additional sales taxes, use taxes and/or local occupancy taxes ( such as tourist taxes), which must be paid locally. You are solely responsible for paying any such additional taxes.
INTERNATIONAL TRAVEL
You are responsible for complying with any applicable requirements regarding travel abroad, ensuring that documents such as passports and visas (transit, business, tourist or other) are properly processed, and any other relevant requirements.
While we offer Hotel Bookings for travel to certain international destinations, we do not represent or warrant that travel is recommended or free of risks, and we are not responsible for damages or losses that may arise as a result of travel to certain destinations. We recommend that you consult your country's foreign travel guidelines for more information.
DENIAL OF RESPONSIBILITY
We and our Group Members make reasonable efforts to ensure that our Information is current and accurate. However, our Information is provided by the suppliers of our Hotel Bookings. In this regard:

• our Information may be changed, supplemented, adjusted or deleted at any time, and any such omission or change may occur at any time without prior notice and without any liability to us or our Group Members;
• We disclaim any liability for any errors or other inaccuracies in our Information (including, without limitation, prices for Hotel Bookings, photographs of hotels, lists of hotel services, and general descriptions of hotels);
• We make no guarantees regarding the availability of specific Hotel Bookings;
• we make no representations regarding the suitability of our Information for any purpose;
• hotel ratings contained in our Information are provided as general guidelines only and we and our Group Members cannot guarantee the accuracy of such ratings;
• the addition or offer of any Hotel Booking does not constitute an endorsement or recommendation of such Hotel Booking by us or our Group Members;
• We disclaim any warranties or conditions that our Information and services or any email sent by us or our Group Members will be free of viruses or other harmful components, and all of our Information and
• Services are provided “as is” without any warranties of any kind.

We expressly reserve the right to correct any pricing errors and/or Bookings made at an incorrect price. In this case, subject to availability, we will offer you the choice of keeping your Booking at the changed price or canceling it without penalty.
OUR RESPONSIBILITY TO YOU
Hotels and other providers of Hotel Bookings are independent contractors and not agents or employees of us or our Group Members.
We and our group members are not responsible for:

• the acts, errors, omissions, representations, warranties, breaches or negligence of any Affiliate or Hotel Booking service providers; or
• any personal injury, death, property or other damage or expense incurred as a result thereof.

We and our group members are not responsible and do not pay compensation in the event of:

• delays;
• booking cancellations;
• overbooking;
• strikes;
• occurrence of a force majeure circumstance; or
• other reasons beyond our control;

nor are we responsible for any additional costs, omissions, delays, reroutings, or actions of any government or authority.
To the maximum extent permitted by applicable law, in no event will we or our Group Members be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from:

• your access to our Information; or
• delays in accessing or inability to access our Information (including, without limitation, any computer viruses, information, software, related websites and Bookings);

or in connection therewith, whether such damages arise from negligence, breach of contract, tort, strict liability, violation of consumer protection laws or otherwise, and whether or not we or our Group Members are notified about the possibility of such losses.
If, notwithstanding the foregoing limitation of liability, we or our Class Members are found liable for any loss or damage arising out of or in connection with any of the foregoing events, our or our Class Members' liability shall in no event exceed in the aggregate the greater of from the following two amounts:

• the Booking fee you paid to us, a Member of our group or an Affiliate in connection with the relevant booking; or
• US$100.00 (One Hundred United States Dollars) or local currency equivalent.

We do not exclude or limit in any way our liability which cannot be excluded under applicable law.
The limitation of liability reflects the allocation of risk between you and us.
The limitations set forth in this Section will apply even if any of the limited remedies set forth in these Terms fail of their essential purpose.
The limitations of liability provided in these Terms are for the benefit of us and our Group Members.
INDEMNITY AND LIABILITY GUARANTEE
You agree to indemnify and hold us, our Class Members, and any of their officers, directors, employees and agents harmless from and against any claims, causes of action, demands, awards, losses, damages, fines, penalties or other costs or expenses of any kind, including, but not limited to, reasonable legal and accounting fees, incurred or imposed by third parties as a result of:

• your violation of these Terms;
• your violation of any laws or rights of a third party; or
• your use of our Information.

INTELLECTUAL PROPERTY RIGHTS
Our Information (including, but not limited to, the price and availability of Hotel Bookings) belongs to us or our suppliers.
We agree that you may use our Information to make a limited number of copies of your travel itinerary and any other information relating to your Booking, and you agree not to modify, copy, distribute, forward, display, perform, or reproduce, publish, grant rights of use, create derivative works from, transfer, sell or resell any information, software, products or services related to and/or incorporating the Hotel Booking and our Information.
COPYRIGHT AND TRADEMARK NOTICE
All contents of our Information are copyright © 2017 Expedia, Inc. All rights reserved. Expedia, Expedia Affiliate Network, EAN, Travelnow, Hotels.com, and the Expedia Affiliate Network, Travelnow and Hotels.com logos are registered trademarks or trademarks of Expedia, Inc. in the USA and/or other countries. Other logos, product and company names mentioned in these Terms may be the trademarks of their respective owners. We are not responsible for the content of third party websites.
The OpenStreetMap geodata used in the mapping is provided by OpenStreetMap© under an open database license.
If you are aware of a violation of our brand, please notify us by email at hotline@expedia.com. We only accept messages about violations of rights to our brand at this email address.
APPLICABLE LAW
These Terms are governed by the laws of the State of Washington, USA. You hereby agree that all disputes arising under these Terms or relating to the use of our Information shall be subject to the exclusive jurisdiction of King County, Washington, USA, and will be litigated in that jurisdiction. Use of our information in any jurisdiction where not all provisions of these Terms apply is unauthorized.
If Travel Partner Exchange SL charges you or charges your card, the payment transaction is subject to Spanish law. You agree that the Spanish courts have jurisdiction to hear any disputes arising in connection with payment transactions involving Travel Partner Exchange SL
DISPUTES
We and our Group Members are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve the issue. If our efforts are unsuccessful, you may pursue your claims as explained in this section.
You agree to provide us with the opportunity to resolve any disputes or claims related in any way to our Information, Reservations, any interactions with our Customer Service Representatives, any Hotel Reservations, or any statements made by us ( “Claims” ) by contacting us through Customer Service clients whose contact details are provided to you when making a booking. If we are unable to resolve your Claims within 60 days, you may pursue arbitration or small claims court as set forth below.
Any and all Claims will be submitted to binding arbitration rather than to court, but you may assert Claims on an individual basis in small claims court if it has jurisdiction. This applies to any Claims you bring against us, our affiliates, travel service providers, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). Additionally, this applies to any Claims that arose before you accepted these Terms, regardless of whether prior versions of these Terms provided for arbitration.
The arbitration proceeding will not involve a judge or jury; the possibility of reviewing an arbitration award in court is limited. However, an arbitrator can award on an individual basis the same damages and relief that a court can award (including statutory damages, attorneys' fees and costs), and must follow and enforce these Terms as a court would.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA Rules can be accessed by visiting www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitration fees will be governed by the AAA Rules, except as otherwise provided in this paragraph. If the total amount of your Claims is less than $10,000, we will refund the filing fees you paid to the AAA and pay the arbitrator's fees, unless the arbitrator finds your Claims frivolous. You may elect to have the arbitration conducted by telephone, based on written submissions, or in person in the region in which you reside or at another mutually agreed upon location.
To initiate arbitration, you must send a letter demanding arbitration and describing your Claims to Expedia Legal: Arbitration Claim Manager at Expedia, Inc., 333 108th Ave NE Bellevue WA 98004. If we file a claim against you in arbitration, we will provide notice to you at the email or mailing address you provided to us. The party requesting arbitration must also send a copy of the demand to the AAA at: Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, via www.adr.org or any AAA office.
Any and all Claim proceedings will be conducted on an individual basis only; group and consolidated claims, as well as claims of representatives, will not be accepted for consideration. If for any reason a Claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial. This Agreement is governed by the Federal Arbitration Law and federal arbitration laws. The arbitration award may be confirmed by any court of competent jurisdiction.
GENERAL PROVISIONS
You agree that no joint venture, partnership, or employment relationship is created between you and us or our Group Members as a result of your acceptance of these Terms or your access to our Information.
You acknowledge that Travelscape, LLC or VacationSpot, SL (or such other Class Member as determined by us) is treated by any taxing authority in any relevant jurisdiction as the provider of Hotel Reservations under Prepaid Reservations and Packages for purposes of charging VAT (Value Added Tax) in in accordance with Directive 2006/112/EC.
Our performance of these Terms is subject to existing laws and legal process, and nothing in these Terms is in derogation of our right to comply with law enforcement or other governmental or judicial requests or requirements relating to your use of our Information or information provided to or collected by us regarding such use.
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights and obligations under these terms to another person if we have given our written consent to do so.
To the extent permitted by applicable law, you agree that any claim or cause of action arising out of or in connection with your access to or use of our Information shall be commenced within two (2) years from the date such claim arose or claims Otherwise, such claims or causes of action will be expressly denied.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way. Our failure to enforce any provision of these Terms at any time or delay in doing so does not waive our right to enforce the same or any other provision(s) in the future.
These Terms (and any other terms and conditions referred to in them) constitute the entire agreement between you and us in relation to our Information and any Bookings and supersede all prior or contemporaneous communications and proposals with respect to our Information and ( or) any Bookings exchanged between you and us electronically, orally or in writing. Printed versions of these Terms and of any notice given electronically shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records. originally compiled and stored in printed form.
The fictitious names of companies, products, names of people, characters and/or data mentioned in our Information are not intended to represent actual individuals, companies, products or events.
All rights other than the rights expressly granted in these Terms are reserved.
OUR DETAILS
Travel Partner Exchange SL has a registered office at Paseo Milicias de Garachico 1, Edificio Hamilton, oficina 79, 38002 Santa Cruz de Tenerife, Islas Canarias, Spain.
Travelscape, LLC is a registered travel seller in each of the states listed below.

• Registration number in pcs. California: 2083930-50
• Registration number in pcs. Florida: ST36407
• Registration number in pcs. Iowa: 677
• Registration number in pcs. Nevada: 20020759
• Registration number in pcs. Washington: 602-617-174

Registration as a seller of travel products and services in California does not constitute approval by the state to operate.
New York State Tax Registration:
Travelscape (doing business as Expedia Travel) has the following registration numbers: New York City Sales Tax Registration Number 880392667; New York City Hotel Tax Registration Number is 033960.
Click here for more information.
New York State Certificate of Authority
New York City Certificate of Authority
© 2018 EXPEDIA, INC. All rights reserved.