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Reservations

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TABLE OF CONTENTS

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 1.  Introduction
 2.  Preliminary Provisions
 3.  Reservations.com is not a provider of accommodations or other travel
     products
 4.  Use of the site
 5.  Restrictions and prohibited uses
 6.  Pricing structure and cancellations
 7.  Tax recovery charges and fees
 8.  Intellectual property
 9.  Security
 10. Travel advisories and visa requirements
 11. Disclaimer of warranties
 12. Limitation of liability
 13. Notice of infringing material
 14. Agreement to arbitrate and waiver of class action claims
 15. General
 16. Contact us


RESERVATIONS.COM TERMS OF SERVICE

This Agreement was last modified on December 14th, 2021

Thank you for using Reservations.com, brought to you and operated by Benjamin &
Brothers LLC d/b/a Reservations.com (together with its subsidiaries and
affiliates that provide or relate to the services, “Reservations.com”, "us",
"we", or "our"). Please read these Terms of Service (“Terms”) carefully before
accessing, using or obtaining any services, products or information from us.
These Terms are an agreement with you as a user of Reservations.com (“you” or
“User”) and govern your use of our website at www.reservations.com (the “Site”),
as well as your use of any of our reservation or booking services and/or our
Customer Call Center (collectively, the “Services”), whether through the Site
directly, our mobile application, or via any website(s) or mobile application(s)
that link to the same. These Terms incorporate the Reservations.com Privacy
Policy, along with any other terms and conditions that may apply to any of our
products, features, promotions, other functionality and/or customer service,
including our Cookie Policy.

These Terms represent a binding contract between you and us, and by accessing or
using our Site or Services in any manner, you expressly agree to be bound by
these Terms. If you do not agree with these Terms, you may not use our Site or
Services.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

Please review these Terms periodically for changes. We may modify or replace
these Terms for any reason and at any time, by posting the updated terms on the
Site. Such changes shall be effective immediately upon posting of the revised
terms on this Site. The effective date of the updated Terms will appear at the
top of this page. Your continued use of the Site after any such changes
constitutes your acceptance of the new Terms of Service.


RESERVATIONS.COM IS NOT A PROVIDER OF ACCOMMODATIONS OR OTHER TRAVEL PRODUCTS

Please note that Reservations.com is a hotels and travel products search and
logistics platform. Reservations.com does not provide, own or control any of the
hotels, other accommodations, flights, rental cars or other travel packages or
products that you may view or access through the Site (collectively, the “Travel
Products”). All Travel Products are owned, controlled and provided by third
party provider from whom we source such Travel Products in order to provide you
with the best deals and service we can. Such third party provider may have their
own terms of service and privacy policies which may be applicable to your actual
reservation, and you must review and agree to the same. Any reservation made
through our Site is made with the third party provider of the applicable Travel
Product, and we have no direct responsibility for the same.

To provide you with the best deals on Travel Products possible, we may source
inventory directly from third party providers as well as from suppliers who are
not themselves direct providers; we refer to these suppliers as “Booking
Partners.” Through our relationship with our Booking Partners, we are authorized
to market and/or sell the inventory offered by us. Please note though that we do
not in any way (directly or indirectly, independently or in conjunction with any
party) own, manage, operate, or control, and we assume no responsibility for,
any Booking Partner, any of the Travel Products they offer, their content, their
policies, or any of their practices.

As a search and logistics platform, we display third party content.
Reservations.com is not responsible for and cannot guarantee the accuracy,
timeliness or completeness of any such third party content. The content
displayed on our Site changes routinely and additional terms and conditions
and/or prices may apply, depending on the third party provider. Some Travel
Products may be sold in a currency other than U.S. dollars, though unless
otherwise indicated, all prices are displayed on our Site in U.S. dollars.

Your engagement with any third party for Travel Products through
Reservations.com is at your sole risk. The display on or through the Site of any
individual Travel Product does not imply our endorsement of the same, or in any
way constitute a recommendation from us about the nature of such Travel
Product(s). We do not bear any responsibility or have any liability, other than
as expressly set forth in these Terms, in connection with the same.


USE OF THE SITE

As a condition of your use of this Site, you represent and warrant the
following:

 1. You are at least 18 years old;
 2. You possess the legal ability and authority to create a binding legal
    obligation;
 3. You will use this Site in accordance with these Terms;
 4. You will only use this Site to make legitimate reservations for you and/or
    another person(s) for whom you are legally authorized to act;
 5. You will inform such other persons about the Terms of Service that apply to
    the reservations you have made on their behalf, including all rules and
    restrictions applicable thereto;
 6. All information supplied by you on this Site is true, accurate, current, and
    complete;
 7. You are wholly responsible for any activities conducted through your
    account; and
 8. You shall not interfere with anyone else's use and enjoyment of the Site or
    other similar services.

To use our Site you may need to create an account. When you create an account,
we require you to provide certain information about yourself, including your
email address and a password (collectively, “Account Information”). You agree
that all Account Information that you provide will be accurate, current, and in
a form sufficient to allow us to contact you from time to time. If you are
creating an account on behalf of a party other than yourself, such as your
employer, your client, or another legal entity, you represent and warrant that
you have the legal authority to do so and acknowledge that by creating the
account such third party will be bound by these Terms. You agree that we may
send email communications as well as telephone or text messages, including calls
and/or push notifications, to you for customer service, account and/or product
confirmations, product offers and other similar matters. Calls may be made by an
automatic telephone dialing system and/or with an artificial or pre-recorded
voice. You acknowledge that you agree to receive the same. You may choose to opt
out of much of this correspondence through your account settings or by using the
links at the bottom of our emails, or by replying ‘STOP’ to any promotional text
messages. Please note that even if you opt out, we will still send you account
and service-related emails.

Your use of Reservations.com is at your own risk. You are responsible for
maintaining the confidentiality of your Account Information and agree to notify
us immediately of any unauthorized use of your Account Information or if you
otherwise believe your Account Information has been compromised. Notwithstanding
any of the foregoing, you are responsible for any losses or damages suffered by
Reservations.com via the use of your Account Information. If these Terms are not
enforceable where you are located, you may not use Reservations.com.


RESTRICTIONS AND PROHIBITED USES

Reservations.com is used by many people, and we are proud of the trust our users
place in us. We expect, in turn, that our users do not misuse our service.
Except with our prior written permission, you may not:

 1. Attempt to impersonate another person or use another person’s
    Reservations.com account information without express, written authorization;
 2. Distribute Reservations.com for your own commercial purposes;
 3. Violate or attempt to violate any of the Reservations.com security features,
    including logging into a server that you are not authorized to access, or
    probing the vulnerability of our systems and networks;
 4. Redistribute, decompile, reverse engineer, publish, or copy any portion of
    the Reservations.com website or services;
 5. Use Reservations.com for the purpose of creating a product with a
    substantially similar look, feel or design;
 6. Access or search Reservations.com by any means other than our publicly
    supported interfaces (for example, “scraping”);
 7. Interfere with others’ use and enjoyment of Reservations.com;
 8. Use any Reservations.com trademarks, trade names, service marks, copyrights,
    or logos in your own mailings, spam material, contests or surveys, or to
    create the impression you are associated with such items;
 9. Violate any third party’s rights, including intellectual property or privacy
    rights.

Written requests regarding any of the aforementioned restrictions and prohibited
use may be submitted to support@reservations.com. Engaging in prohibited uses is
grounds for immediate termination of your account and may also subject you to
civil or criminal penalties.


PRICING STRUCTURE AND CANCELLATIONS

The rates displayed on our Site are a combination of the rates and fees charged
by the third party provider supplying the relevant Travel Products and/or the
Booking Partner.

We additionally charge a non-refundable service fee for each transaction
completed via the Site or our 24/7 Customer Call Center. Our service fee is
clearly separated from the provider’s rate for the applicable Travel Product(s).
OUR SERVICE FEE IS NON-REFUNDABLE, EVEN IF YOU MODIFY AND/OR CANCEL A
MODIFIABLE/CANCELLABLE RESERVATION. The total price will include our service
fee.

There may be other charges that accrue to you from the Travel Services provider,
such as a resort fee, that are not included in the amounts we collect from you.
You will have to pay those charges directly. Before booking, you should check to
determine whether the Travel Services provider will charge additional fees upon
your arrival.

EACH PROVIDER, BOOKING PARTNER, AND EACH BOOKING IS DIFFERENT. SOME ARE
MODIFIABLE AND/OR CANCELABLE, SOME ARE NOT. PLEASE CAREFULLY READ THE
CANCELLATION POLICY ASSOCIATED WITH THE RESERVATION YOU ARE BOOKING, WHICH
APPEARS BELOW THE AREA WHERE THE CHARGES FOR YOUR RESERVATION IS DISPLAYED, OR
AS OTHERWISE DISPLAYED BY OUR BOOKING PARTNERS. IF YOU ARE CALLING OUR 24/7
CUSTOMER CALL CENTER, PLEASE REVIEW THE CANCELLATION POLICY WITH THE AGENT.
Change(s) to a reservation after booking may result in additional fees at the
discretion of the provider and/or the Booking Partner. Cancellations or no-shows
are subject to a monetary penalty, the total amount of which is within the
providers and/or the Booking Partner’s discretion.


TAX RECOVERY CHARGES AND FEES

In addition to the rate and our service fee, our Site displays a line item for
“Tax Recovery Charges and Fees,” which you will be charged when making your
reservation. “Tax Recovery Charges and Fees” consists of: (i) an estimate of the
taxes payable in connection with your booking, including, but not limited to,
sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or
other similar taxes; (ii) if applicable, taxes payable by our Booking Partner in
connection with your booking; and (iii) service fees retained by our Booking
Partner and/or us in addition to our itemized service fee.

Some bookings, like those that do not require payment in full at the time of
making your reservation, may not include the “Tax Recovery Charges and Fees”
line item. Instead, that booking may display an estimate of the taxes applicable
to the transaction that you can expect to be charged directly upon arrival.

We do not collect taxes for remittance to applicable taxing authorities. The
provider of the Travel Products is responsible for remitting applicable taxes.
In certain jurisdictions, our Booking Partner may also be responsible for
remitting taxes related to your booking. Neither us nor any of our Booking
Partners act as a co-vendor with each other or with any hotel.

The amount paid for taxes in connection with your booking may vary from the
estimated amount charged to you, depending upon the rates, taxability, and any
other metric in effect at the time when you actually use the applicable Travel
Product(s). If the amount paid is less than the estimate, the balance of the
charge for “Tax Recovery Charges and Fees” is retained by us and/or our Booking
Partner as part of the compensation for facilitating and servicing your
reservation.

“Tax Recovery Charges and Fees” do not include other charges, like resort fees,
energy surcharges, parking fees, pet fees, and incidental charges (such as room
service, mini-bar, gratuities). Unless otherwise indicated, these amounts will
be collected from you directly by the provider.

Because we are not the entity responsible for remitting taxes, we are not able
to honor any request for a tax-exempt booking, but the applicable provider may
be able to offer tax exemption with proper proof of eligibility. We make no
promise or guaranty that any provider will honor a tax-exempt request.


INTELLECTUAL PROPERTY

Reservations.com and its content, features and functionality are owned by
Reservations.com and are protected by international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary rights laws
and you agree to abide by them. Without our prior written consent, you may not
copy or store Reservations.com Content (as that term is further defined below)
in any form outside of the Site and you may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works based
on, distribute, or perform any Reservations.com Content, except as expressly
contemplated herein. You agree to comply with reasonable written requests from
us to help us in protecting our proprietary and intellectual property rights.
All intellectual property rights in Reservations.com are, as between you and us,
the sole and exclusive property of Reservations.com. As used herein,
Reservations.com “Content” includes but is not limited to, all information,
images, video clips, files, software, technical information, specifications,
catalogs, trademarks, service marks, trade dress, and other content or materials
on the website. Any dated Content is valid as of the indicated date only.

Some Reservations.com features either now or in the future may allow you to post
or submit content and materials for publication on Reservations.com (“Your
Content”). You represent and warrant that Your Content is accurate, true and not
defamatory, and that you own or otherwise have the necessary license(s) for your
use of Your Content, including all rights necessary for you to post or otherwise
transmit Your Content to Reservations.com. You own any intellectual property
rights to Your Content, but you agree that we can use, reproduce, modify, adapt
and publish Your Content for purposes of enabling us to offer Reservations.com
or the specific features you have elected to use. You are responsible for Your
Content, and acknowledge that once published, we cannot always remove it. You
may also be able to view or access content and materials published to
Reservations.com by other users (collectively, “User Content”). Reservations.com
does not control User Content and cannot guarantee its accuracy.
Reservations.com is not responsible for User Content and you should keep this in
mind when making any decisions based on such User Content. We appreciate when
you provide us feedback through customer service or by email, but we may use any
feedback, comments, or suggestions without any obligations to you. For purposes
of clarity, you hereby assign all intellectual property rights to us in any
feedback, comments, or suggestions that you provide to us.


SECURITY

Reservations.com maintains certain technical and administrative safeguards
designed to improve the security, confidentiality and integrity of the Site. No
such measures are capable of guaranteeing complete security though, and we
disclaim all implied warranties as to the security of the Site.


TRAVEL ADVISORIES AND VISA REQUIREMENTS

Although most travel is completed without incident, travel to certain
destinations may involve greater risk than others. We urge all users to review
travel prohibitions, warnings, announcements, and advisories (including, but not
limited to, health and disease advisories) issued by the destination governments
prior to booking travel (“Travel Advisories”), particularly when travelling to
international destinations.

By displaying Travel Products in particular destinations, Reservations.com does
not represent or warrant that travel to such points is advisable or risk-free
and we can never be held liable for damages or losses that may result from
travel to such destinations. You make all reservations at your own risk. You may
want to purchase travel insurance, but it may not cover all circumstances or
costs that could arise. Depending on the cancellation policies of the applicable
providers that apply to your reservation (see Pricing Structure and
Cancellations above), you may not be able to modify or cancel your reservation,
even if a Travel Advisory or other condition prevents you from using your
reservation.

Reservations.com is not liable for any loss incurred in the event of your
failure to hold the necessary passports, visas and documentation for your
journey. You are advised to check with the relevant embassies, consulates and/or
visa departments of the countries you wish to visit. It is your responsibility
to obtain whatever travel documents are required.

Please note that some countries have strict rules and regulations on the import
of restricted or prohibited goods, items or substances. These can include but
are not necessarily limited to alcohol, tobacco, perfumes, medication, books,
movies, DVDs, adult entertainment materials, food stuffs, plants, and animal
parts, among others. It is your responsibility to verify and comply with all
applicable regulations.

Although the Site may be accessible worldwide, we make no representation that
materials or content displayed on or through the Site are appropriate or
available for use in locations outside the United States or Canada, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so of their own
initiative and are responsible for compliance with local laws. Any offer for any
product, service, and/or information made in connection with this Site is void
where prohibited.


DISCLAIMER OF WARRANTIES

ALL INFORMATION OR SERVICES PROVIDED BY RESERVATIONS.COM TO YOU VIA THE SITE,
INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS”
AND WITHOUT ANY WARRANTIES OF ANY KIND. RESERVATIONS.COM AND ITS THIRD-PARTY
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING
ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, RESERVATIONS.COM AND ITS
THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING
THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY
OR AVAILABILITY OF THE SITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA
THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT RESERVATIONS.COM AND ITS THIRD-PARTY
LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF
OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. NEITHER RESERVATIONS.COM NOR ANY OF ITS
THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE
SECURE, UNINTERRUPTED OR ERROR-FREE. RESERVATIONS.COM FURTHER MAKES NO WARRANTY
THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL
FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT
RESERVATIONS.COM, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE
RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS,
FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH
THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST RESERVATIONS.COM FOR
DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE SITE
AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE
OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT
ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO
THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

WE STRIVE TO MAINTAIN RESERVATIONS.COM ON A COMMERCIALLY REASONABLE BASIS BUT
CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS AT ALL TIMES.


LIMITATION OF LIABILITY

IN NO EVENT SHALL RESERVATIONS.COM OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES
BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES
PAID BY YOU TO RESERVATIONS.COM FOR YOUR USE OF THE SERVICES, IF ANY; (II) LOST
PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION
GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF
RESERVATIONS.COM; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION
OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. YOU UNDERSTAND THAT RESERVATIONS.COM WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. BY ACCESSING OUR SITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT
YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF
THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR
TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow the limitations in this section, so they may not
apply to you.

New Jersey Residents: Reservations.com acts as an intermediary of third-party
providers of Travel Products (including our Booking Partners), and are in no way
liable for any damage arising from your purchase and/or use of such travel
and/or hospitality-related goods or services. The above-referenced limitation on
liability does not apply to New Jersey residents to the extent any such damages
are a direct result of Reservations.com’s negligence, willful misconduct, or
legal claims arising from the same.


NOTICE OF INFRINGING MATERIAL

If you believe in good faith that any of the content or materials hosted on our
Site infringe your copyright, you (or your agent) may send us a written notice
that includes the following information. Please note that we will not process
your complaint if it is not properly filled out or is incomplete. Any
misrepresentations in your notice regarding whether content or activity is
infringing may expose you to liability for damages.

 1. A clear identification of the copyrighted work you claim was infringed;
 2. A clear identification of the material you claim is infringing on the Site,
    such as a link to the infringing material;
 3. Your address, email address and telephone number;
 4. A statement that you have a "good faith belief that the material that is
    claimed as copyright infringement is not authorized by the copyright owner,
    its agent, or the law;"
 5. A statement that "the information in the notification is accurate, and under
    penalty of perjury, the complaining party is authorized to act on behalf of
    the owner of an exclusive right that is allegedly infringed;" and
 6. A signature by the person authorized to act on behalf of the owner of an
    exclusive right that is allegedly infringed.

You may send us your notice by email to legal@reservations.com with subject line
reading “IP/Trademark Infringement – YOUR NAME” or by writing to our mailing
address with ATTN: Legal – IP/Trademark.


AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If a dispute arises, our goal is to provide you a neutral and cost-effective
means to resolve it quickly. Most disputes can be resolved informally. Before
filing a claim against us, you agree to try to resolve the dispute by contacting
us via email at support@reservations.com. Before we file a claim against you, we
agree to contact you at the email address associated with your Reservations.com
account, or if you have not established an account then at your preferred
communications method. If the dispute is not resolved within 60 days of notice,
either you or we may bring a formal proceeding pursuant to the following
procedures:

A. GENERAL. YOU AGREE THAT YOU AND RESERVATIONS.COM WILL RESOLVE THROUGH BINDING
ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR
RELATING IN ANY WAY TO RESERVATIONS.COM OR YOUR USE THEREOF, INCLUDING THESE
TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below.
The arbitrator, and not any court, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation, applicability,
enforceability, or formation of this Agreement to Arbitrate, including any claim
that all or any part of this Agreement to Arbitrate is void or voidable, or
whether a claim is subject to arbitration.

ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE
DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES,
THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO
DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY
TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY
PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”)
will administer the arbitration using the AAA procedures and rules in effect on
the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are
inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA
is independent from us, and you may obtain copies of the current AAA Rules, and
other related materials, including forms and instructions for initiating
arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or
http://adr.org. Unless otherwise prohibited by applicable law, and except for
New Jersey residents, any claim must be filed within two (2) years from the date
on which such claim arose or accrued.

C. LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose
whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing as established by the AAA Rules, and any in-person hearing will be held
in Orlando, FL, or any other location you and we mutually agree to.

D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce
intellectual property rights, or in response to any allegations or charges of
criminal activity, without first engaging in arbitration or the informal dispute
resolution described in this Section.

E. CLASS ACTION WAIVER. YOU AND RESERVATIONS.COM AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM
WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER
PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT
NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON
BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A
CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator
determines that the class action waiver set forth in this paragraph is void or
unenforceable or that arbitration can proceed on a class basis, then this
Agreement to Arbitrate shall be deemed null and void in its entirety and the
parties shall be deemed to have not agreed to arbitrate disputes.

F. PAGA WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR
AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED ON A GROUP BASIS OR
IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A
PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE
ARBITRATED ON AN INDIVIDUAL BASIS. If any court or arbitrator determines that
the PAGA Waiver set forth in this paragraph is void or unenforceable, then this
clause shall be deemed null and void in its entirety, but the remaining clauses
herein shall survive unless a court or arbitrator determines otherwise.

G. NO RIGHT TO JURY TRIAL. YOU AND RESERVATIONS.COM ALSO HEREBY WAIVE THE RIGHT
TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU
EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY
SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.

H. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the
arbitration and the class action waiver provisions set forth herein by sending
written notice of your decision to opt-out by email to support@reservations.com.
For new users, the notice must be sent within 30 days of registering with
Reservations.com, and for existing users, the notice must be sent within 30 days
of the effective date of this policy. If you do not opt-out, you shall be bound
to the terms in this Section. If you choose to opt-out, we will also not be
bound.


GENERAL

Governing Law, Jurisdiction and Venue: Except to the extent preempted by the
Federal Arbitration Act (“FAA”), these Terms are governed by Florida law without
regard to conflict of law provisions. Except as provided above, or to the extent
preempted by the FAA, both parties further consent to the personal jurisdiction
of and exclusive venue in the federal and state courts located in Orange County,
Florida, as the legal forum for any dispute between them.

Indemnification: You will indemnify and hold us, our affiliates, officers and/or
employees harmless, including by paying costs and attorneys’ fees, from any
claim or demand made by any third party due to or arising out of your access to
Reservations.com, Your Content, or the violation of these Terms by you.

Force Majeure: A force majeure event is any event beyond either our or your
control and can include, but is not limited to, natural disasters, weather
conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act,
riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind,
labor disputes, lockouts, strikes, shortages, government actions or restraints,
pilferage, bankruptcy, machinery breakdown, network or system interruptions or
breakdown, internet or communications breakdown, quarantine, epidemic, pandemic
etc. No responsibility is accepted for any additional expense, omissions,
delays, re-routing or acts of any governmental authority. We are not responsible
for any third party provider’s and/or Booking Partner’s breach of any condition
or warranty including, but not limited to, implied conditions or warranties of
fitness for a particular purpose or of merchantability, nor shall we be
responsible for any other wrongdoing of any third party provider’s and/or
Booking Partner’s (including any liability in tort), as to any products and/or
services available through the Site. We do not guarantee continuous access
without interruption to the Site.

Third Party Links: Reservations.com may provide links to third party websites or
services as necessary to effectuate the Services. We provide these links as a
convenience and these third party websites or services are not under our
control. Any use of such third party websites or services is at your own risk.

Language Translation: The Site and the Terms of Service may exist in a number of
languages and local versions (identified by different top level domain names in
some cases), but have originally been drawn up in the English language. In case
of conflict between the English language version and a translated version, the
English language version of the Terms of Service shall prevail.

Severability and Waiver: If any part of these Terms is held invalid or
unenforceable, the remaining provisions will remain in full effect and an
enforceable term will be substituted reflecting the intent of these Terms as
closely as possible. Either party’s failure to enforce any term or condition
herein is not a waiver of its right to do so later.

Notice: All notices from Reservations.com to you will be provided to the email
address that you provide when registering your account. All notices from you to
Reservations.com should be provided to support@reservations.com, or sent via
postal mail to the address below. Notice will be deemed given 24 hours after
such email is sent, unless the sending party is notified that the email address
is invalid.

Accessibility: While we do not have a place of public accommodation or offer our
Services at a place of public accommodation, such that the Americans with
Disability Act does not apply to us, we still strive to make our Site and
Services accessible. If you are a person who needs an accessibility
accommodation in order to utilize this Site and our Services, we offer certain
assistance that may help. Please call our 24/7 Customer Call Center at
800-916-4339. We do not charge you for such assistance, however, every customer
who books a reservation with us is charged our service fee. You are not charged
a service fee if you do not book a reservation with us.

Miscellaneous: These Terms are the complete and exclusive statement of the
mutual understanding of the parties and supersede all previous agreements
relating to the subject matter of these Terms. If there is any conflict between
these Terms and any additional terms, conditions, and rules posted by
Reservations.com, these Terms will govern, unless expressly superseded by such
other terms, conditions, or rules. Sections of these Terms which by their nature
should survive any termination will indeed so survive.


CONTACT US

If you have any questions about this Agreement or our Site, please contact us
via the following:

Telephone 800-916-4339 Email support@reservations.com Write Reservations.com c/o
Benjamin & Brothers LLC
390 North Orange Avenue, Suite 1605
Orlando, FL 32801

BENJAMIN & BROTHERS LLC DBA: RESERVATIONS.COM is registered with the State of
Florida as a Seller of Travel. Registration No. ST41363.


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TOP HOTELS

New York Marriott Marquis
Warwick New York
Boston Park Plaza
Empire Hotel
Sheraton Centre Toronto
Windsor Court Hotel
Galt House Hotel
MGM Grand Hotel
Sheraton San Diego Hotel
Hyatt Regency San Francisco
Gaylord Texan Resort
La Fonda on the Plaza
Renaissance Nashville Hotel
Hyatt Regency New Orleans
Little America Flagstaff
Sheraton New Orleans Hotel
Westin Copley Place Boston
San Luis Resort & Conference
Catamaran Resort and Spa
Sheraton On The Falls Hotel
Hyatt Regency Hill Country
Wyndham San Diego Bayside
The Seagate Hotel & Spa
Westin Bayshore Vancouver
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If you are a person who needs an accessibility accommodation in order to utilize
this Site and our Services, we offer certain assistance that may help. Please
call our 24/7 Customer Call Center at 1800-916-4339.
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If you are a person who needs an accessibility accommodation in order to utilize
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