Terms of Service
Last modified: January 7, 2025
Welcome to Hotelbooker.com! Hotelbooker.com is owned and operated by Entertainment Benefits Group, LLC d/b/a Hotelbooker (hereinafter, "we," "our," or "us"). By accessing or using our website or booking a Travel Supplier's Travel Services with us (our “Services”), you agree to comply with and be bound by the following terms and conditions ("Terms of Service").
Section 10 of these Terms of Service contains an arbitration agreement and class action waiver that apply to all claims. Please read these Terms of Service carefully.
In these Terms of Service, a “Travel Supplier” means the third-party supplying the travel services, such as short-term lodging (“Travel Services”), through our Services. These Terms of Service, together with your booking confirmation email (the “Booking Confirmation”), describe all legal terms upon which Travel Services are made available to you through our Service. The display of Travel Services through our Service is not an endorsement or recommendation of such Travel Services.
1. Acceptance of Terms
By using our website, you agree to these Terms of Service and our Privacy Policy, which is incorporated into these Terms of Service. If you do not agree, please do not use our Services.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
3. Booking and Reservations
- Accuracy of Information: You agree to provide accurate and complete information when making a booking. Any inaccuracies may result in the cancellation of your booking.
- Payment: All bookings require a valid payment method. You authorize us to charge your payment method for the total amount of your booking, including any applicable taxes and fees.
- Confirmation: A booking is considered confirmed once you receive a Booking Confirmation from us. Please review the confirmation details carefully and notify us immediately of any discrepancies.
4. Terms of Sale
- Pricing: All prices listed on our website are in United States Dollars and are subject to change without notice. Prices do not include taxes or other fees that may apply.
- Payment Methods: We accept various payment methods, including credit cards and other forms of electronic payment. You agree to provide accurate payment information and authorize us to charge your payment method for the total amount of your purchase.
- Order Cancellation: We reserve the right to cancel any order for any reason, including but not limited to availability, errors in pricing, or issues with your payment method.
- Taxes and Fees: You are responsible for paying all applicable taxes and fees associated with your purchase.
5. Cancellation and Refunds
- Cancellation Policy: Cancellations must be made in accordance with the cancellation policy specified at the time of booking. Failure to comply with the policy may result in charges or forfeiture of payments.
- Refunds: Refunds will be processed according to the cancellation policy. Non-refundable bookings are not eligible for a refund under any circumstances.
6. User Conduct
You agree not to use our website for any unlawful purpose or in any way that could harm us or any third party. Prohibited activities include, but are not limited to:
- Posting false or misleading information.
- Engaging in fraudulent activities.
- Violating any applicable laws or regulations.
7. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, and images, is our property or the property of our licensors and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content is strictly prohibited.
8. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with:
- your use of our website or Services,
- any delay or inability to use our website or our Services,
- your use of links from our website,
- any Travel Services that Travel Suppliers make available to you through our Services,
- for the acts, errors, omissions, representations, warranties, or negligence of any such Travel Suppliers, or
- for any personal injuries, death, property damage, or other damages or expenses resulting from the above.
This limitation of liability includes, but is not limited to, damages for loss of profits, data, or other intangible losses, whether such damages are foreseeable, or we have been advised of the possibility of such damages.
Travel Suppliers provide us with information describing the Travel Services, including Travel Service details, photos, rates, and relevant booking rules and restrictions. We display this information through our Service. Travel Suppliers are responsible for ensuring that such information is accurate, complete, and up to date. We will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies. We make no guarantees about the availability of specific Travel Services. Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodation only.
In the event of any liability is found against us, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Travel Services in question or (b) one-hundred dollars (US$100.00).
9. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our website or violation of these Terms of Service or any violation of any law or rights of a third-party.
10. Dispute Resolution
Please read this Section carefully, as it requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum.
10.1. Arbitration
Any disputes against us arising out of or relating to these Terms of Service, our Privacy Policy, your use of our website, your purchase of Travel Services from Travel Suppliers, or any representations made by us, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Miami, Florida, and the arbitrator's decision shall be final and binding. You agree to waive your right to participate in class actions and class arbitrations. This arbitration agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of our Services or the Travel Services.
10.2. Small claims court matters
Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court's jurisdictional limit, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.
10.3. No class actions or representative proceedings
You and we agree that all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.
11. Changes to Terms
We reserve the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website constitutes your acceptance of the revised terms.
12. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to principles of conflicts of laws. Although this website may be accessible worldwide, we make no representation that materials on this website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on 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 website is void where prohibited.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at (888) 221-6335.
Notices to you may be sent either to the e-mail address supplied for your account or purchase. In addition, we may broadcast notices or messages through the website to inform you of changes to the website or other matters of importance, and such broadcasts shall constitute adequate notice unless prohibited by applicable laws.
14. State-Specific Disclosures
For California Residents:Entertainment Benefits Group, LLC is registered with the State of California as a Seller of Travel. Registration No. CST 2091178-70. Registration as a seller of travel does not constitute approval by the State of California.
Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund and is not required by the State of California to have either a trust account or bond.
For Florida Residents:Entertainment Benefits Group, LLC is registered with the State of Florida as a Seller of Travel. Registration No. ST-37777.
For Hawaii Residents:Entertainment Benefits Group, LLC is registered with the State of Hawaii as a Seller of Travel. Registration No. TAR-7471.
For Washington Residents:Entertainment Benefits Group, LLC is registered with the State of Washington as an Out-of-State Seller of Travel. UBI: 605005095.