PLATFORM TERMS & CONDITIONS
- YOUR USE OF THE PLATFORM
1.1 Our Platform is the property of EhotelAdvisor.com and our licensors. To this end, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access our Platform to enjoy personal, non-commercial use of our Services in accordance with these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to our Platform. Any rights or licenses not expressly granted herein are reserved. You represent and warrant to us that your access to, and use of, our Platform is intended only for personal, non-commercial use.
1.2 You understand that the Users of our Platform should be at least 18 years of age or older (or such other age at which majority is reached in your country or territory) and have the full legal capacity to enter into contracts (or have the authorization to do so from a legal guardian). This age limitation also applies to other uses of our Platform, such as browsing the Platform for informational purposes before or without making a Booking Request.
1.3 You will not use the Platform for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use our Platform and/or its content to:
1.3.1 resell any products or services booked or obtained via our Platform or for any commercial purpose unless expressly authorized in writing by EhotelAdvisor.com .com;
1.3.2 make false, fraudulent or speculative bookings on our Platform;
1.3.3 pass off or attempt to pass off our Platform as the product of anyone other than EhotelAdvisor.com .com, including by removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
1.3.4 use manual or automated software or processes to monitor, copy, extract, export or otherwise scrape any material displayed on our Platform, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information (“Content”). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platform;
1.3.5 whether or not you have a commercial purpose, access, monitor, copy, or reproduce any Content of this Platform using any robot, spider, scraper, other automated means, or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) for any purpose without the prior, express written permission of EhotelAdvisor.com .com. For the avoidance of doubt, EhotelAdvisor.com does not authorize the use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) to make bookings or reservations using any Content of this Platform without the prior, express written permission of EhotelAdvisor.com .com;
1.3.6 disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform;
1.3.7 interfere with or disrupt our Platform, or servers or networks connected to our Platform;
1.3.8 violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other User of our Platform;
1.3.9 obtain or attempt to obtain unauthorised access, via whatever means, to any of the EhotelAdvisor.com Group’s systems;
1.3.10 ‘frame’, ‘mirror’ or otherwise incorporate any part of the Platform into any other website or deep-link to any portion of the Platform (including, without limitation, purchase paths) for any purpose without our express prior written permission;
1.3.11 post or transmit, or cause to be posted or transmitted: (a) any material that is libellous, defamatory, obscene, pornographic, abusive, offensive, fraudulent, misleading, harassing or profane; (b) malicious content including malware, Trojan horses, or viruses, or which otherwise interferes with any User’s access to our Platform; and (c) unsolicited mass mailings or other forms of spam, including junk mail or chain letters;
1.3.12 manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
1.3.13 do anything else which could cause damage to the Platform, EhotelAdvisor.com .com, the EhotelAdvisor.com Group, or would otherwise have a negative impact on the Platform, EhotelAdvisor.com .com, the EhotelAdvisor.com Group; and
1.3.14 infringe any applicable law, statute, ordinance or regulation and any rights of us and/or any third party, including intellectual property rights or proprietary rights.
1.4 If, based on your user pattern, EhotelAdvisor.com suspects that you have performed any of the prohibited activities under these Terms, EhotelAdvisor.com has the right to block your user account or deny your entitlement to any benefits under a loyalty program or Promotions (as defined below).
- YOUR ACCOUNT
2.1 In the course of using our Platform, you may need to register and maintain a user account with us (“EhotelAdvisor.com Account”). When you register an EhotelAdvisor.com Account with us, you agree to provide and maintain true, current and complete information during registration. When selecting a username, you agree not to select or use as a username the name of another person with the intent to impersonate, or a name or trademark that is subject to the rights of another person or entity other than you without appropriate authorisation.
2.2 You are responsible for maintaining the confidentiality of the information and password associated with your EhotelAdvisor.com Account, and for all activities occurring under your EhotelAdvisor.com Account including all charges incurred. EhotelAdvisor.com shall be entitled to consider any person who gains access to the Platform and Services using your EhotelAdvisor.com Account log-in details as an individual acting upon your authorisation, without any further inquiry or investigation. Where applicable, references to your use and/or access of the Platform and Services shall be deemed to include the use and/or access of the Platform and Services by an individual authorised by you. Notwithstanding this, EhotelAdvisor.com shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any instructions from your EhotelAdvisor.com Account and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. You must immediately notify us of any unauthorised use of your EhotelAdvisor.com Account, password or any other breach of security.
2.3 We will not be liable for any loss or damage arising from your failure to comply with this clause 2. To the maximum extent permitted by applicable law, we may at our sole discretion refuse registration of an EhotelAdvisor.com Account or cancel an existing EhotelAdvisor.com Account without prior notice or liability.
2.4 We also reserve the right to bar or block Users from and/or to partially or fully restrict their access to, whether or not with an EhotelAdvisor.com Account, our Platform on a permanent or temporary basis, at our discretion. If you are blocked, you agree not to attempt to use our Platform under any other name or through any other User.
- PLATFORM CONTENT AND AVAILABILITY
3.1 We make no guarantees as to the authenticity, accuracy or completeness of any Content on our Platform, including Content provided by other Users or our Travel Suppliers. The displayed prices for our Travel Products are dynamic and can change during or after your search. Once you have a Confirmed Booking, as defined further below, subsequent changes in displayed prices will not affect the price of your booking. All information about Travel Products on our Platform, including but not limited to any ratings (aside from star ratings for Accommodations as set out in clause 16), rankings and reviews, is provided to us by the corresponding Travel Suppliers of such Travel Products, or their respective representatives including their distributors, channel managers and partners. We also make no guarantees that the Content available on our Platform has not been altered through technical defects or by unauthorised third parties.
3.2 All Content accessed by you using our Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstance shall EhotelAdvisor.com be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platform, including but not limited to any errors or omissions, or any additions, removals, or modifications that we make on our Platform. We make no guarantee that our Platform will always be available or uninterrupted. We will not be liable to you for any loss or damage resulting from any unavailability or interruption of our Platform or Services.
3.3 Our Platform does not constitute and should not be regarded as a recommendation or endorsement of any Travel Product and/or Travel Supplier listed on our Platform. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status, features, or adequacy of any Travel Product and Travel Supplier listed on our Platform. We may from time to time offer certain programs under which Travel Suppliers may improve their Travel Product’s visibility on our Platform, including but not limited to through sponsored listings. Such Travel Product listings will be marked or contain wording for clarity.
- USER CONTENT AND REVIEWS
4.1 To the extent that our Platform allows you to post, upload, transmit or otherwise make available any Content, including but not limited to your review of any Travel Product (“User Content”), you agree that:
4.1.1 you are solely responsible and liable for the User Content that you upload and you represent and agree that you will not share anything that is false, misleading, discriminatory or that would violate or infringe any rights of any third party, including the privacy or intellectual property rights or proprietary rights;
4.1.2 all User Content that you upload is not confidential or proprietary and will comply with our relevant review guidelines, including our Guest Review Guidelines;
4.1.3 your User Content should not include personal information. If it does, it can only be used for the purposes herein and only if such use complies with applicable data protection laws in accordance with our Privacy Policy.
4.1.4 although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works from any and all such User Content with or without attribution to you, including without limitation for the purposes of advertising and marketing our Platform, and you also agree so far as legally possible to waive absolutely your moral rights and any broadly equivalent rights you may have in such User Content in any territory of the world;
4.1.5 we have your consent to take action against individuals and entities who breach our or your rights in relation to the User Content;
4.1.6 User Content does not constitute our endorsement of or affiliation with you; and
4.1.7 we are under no obligation to host, store, retain, publish, share or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.
4.1.8 all User Content that you upload must not be illegal and must comply with the Content Guidelines.
4.2 For the avoidance of doubt, we reserve the right, in our sole discretion, to remove User Content in accordance with the Guest Review Guidelines and/or which, in our opinion, is in violation of these Terms or any applicable law or may cause harm to us, other Users or third parties. We will notify you of the reason/s for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for us or our Partners; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any User, other third party, us or our Partners.
- THIRD PARTY LINKS
5.1 Hyperlinks on this Platform to websites operated by third parties are only provided for your reference. EhotelAdvisor.com takes no responsibility for the services provided by and/or content of these websites and has no control over their content, access and privacy policies. If you click on a third party hyperlink or advertisement, please be aware that you would be leaving our Platform and any data you provide will be processed in accordance with said third party’s respective privacy and cookie policies, which we advise you consult beforehand. EhotelAdvisor.com will not be responsible or liable for the consequences of accessing these websites, including exposure to hard and software viruses, spy and malware. We do not endorse or recommend these websites or any of their contents.
5.2 Any third party that wishes to establish links to our Platform should notify EhotelAdvisor.com of their intention prior to doing so. EhotelAdvisor.com may deny permission for any such links to our Platform. If EhotelAdvisor.com gives its permission for any such links, EhotelAdvisor.com is not under any obligation to establish reciprocal links with the third party.
SECTION B: GENERAL BOOKING AND PAYMENT TERMS
- EHOTELADVISOR.COM SERVICES
6.1 The terms in this Section B apply to EhotelAdvisor.com provision of its Travel Product booking facilitation-related Services through the Platform. Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner’s platform, please refer to that Partner’s respective terms and conditions of use and privacy policy instead as these will govern the relationship between you and that Partner. For the avoidance of doubt, where the Travel Product is provided by a Partner, your booking through the Platform is an offer to book a reservation (e.g., for Accommodations, Flights or a rental car, you are making a request to book a reservation with the Partner that is subject to acceptance by the Partner before it becomes a binding transaction) at the price listed on the Platform for such Travel Product on such other terms and conditions notified to you by the Partner at the time of booking, which shall become a binding contract when your booking is accepted by the Partner and will be subject to the Partner’s terms and conditions. Where applicable, the Partner will indicate the acceptance of such Travel Product booking via an e-mail confirmation to you. In these cases, we will provide your payment information to the relevant Partner to process your payment and confirm your booking. The Partner reserves the right to reject bookings as set out in their terms and conditions.
6.2 Unless otherwise stated, all of our Travel Product booking facilitation-related Services are provided by EhotelAdvisor.com Owned by: AD telliSense., which is incorporated under the laws of Singapore, having its registered address at 111 North Bridge Road, Singapore 179098 and is registered with the Accounting and Corporate Regulatory Authority of Singapore.
6.3 Please note that EhotelAdvisor.com does not organize any ground transportation. Where ground transportation is offered, this can be organized by and offered by or on behalf of the Travel Supplier or a Partner, not EhotelAdvisor.com .com. EhotelAdvisor.com does not assume any liability for the quality, safety, frequency, or service levels of such transportation services. Where your Confirmed Booking includes a self-transfer, you are responsible for the transfer and, subject to the terms of the EhotelAdvisor.com .com Guarantee (if available), EhotelAdvisor.com does not assume any liability in relation to the self-transfer. Please verify with Customer Service which extra fees are (not) included for self-transfers and ground transportation.
- BOOKINGS
7.1 When making a booking for any Travel Product through our Platform, that booking is made directly with the Travel Supplier(s) named on the booking page. Our Platform only acts as a facilitator of such bookings. We do not provide, own or control any of the Travel Products that you can access through our Platform and we have no obligation to provide or operate the Travel Products. The Travel Products are owned, controlled or made available by the Travel Suppliers either directly or as an agent. The Travel Suppliers are responsible for their respective Travel Products. Your interaction with any Travel Supplier through our Platform is at your own risk. EhotelAdvisor.com does not bear any responsibility should anything go wrong during your travel or your use of the Travel Product.
7.2 A credit card, debit card, digital wallet or such other payment method as we may from time to time accept (“Payment Instrument”) will be required in order to make a booking for a Travel Product through our Platform.
7.3 When you submit a booking through our Platform, you make an offer to book the specified Travel Product(s) subject to these Terms (“Booking Request”). The Travel Product shall be supplied by the Travel Supplier to you and the terms and conditions applicable to that Travel Product shall be between you and the Travel Supplier and shall be a separate binding contract pursuant to these Terms between you and the relevant Travel Supplier once accepted by such Travel Supplier, communicated to EhotelAdvisor.com .com, and subsequently communicated to you via a confirmation email from EhotelAdvisor.com (“Confirmed Booking”). You acknowledge that the “thank you page” shown after the submission of your Booking Request does not indicate a Confirmed Booking and only indicates that your Booking Request has been received by EhotelAdvisor.com for processing.
7.4 In some cases, we may provide you with a confirmation number in the confirmation email (“Booking Confirmation Number”). Depending on the policy of the Travel Supplier, the confirmation may also contain a voucher for redemption (“Booking Voucher”). Neither we nor the Travel Supplier will be responsible for Booking Confirmation Numbers or Booking Vouchers that are lost, stolen, mutilated, damaged or destroyed.
7.5 The relevant Travel Supplier(s) may impose additional terms and conditions, rules and restrictions (each a “Travel Supplier Terms”) that will be applicable to your Confirmed Booking, including in relation to changes, cancellations and refunds. You will be provided with the name of each Travel Supplier and in some cases, the applicable Travel Supplier Terms or a link to their Travel Supplier Terms, during the booking process. As the Travel Supplier Terms applicable for each Travel Product may vary, you should ensure that you fully understand and accept all of the applicable Travel Supplier Terms before completing your booking. If you are booking on behalf of other persons, you are required to ensure that they are aware of and agree to the applicable Travel Supplier Terms. If you fail to comply with the Travel Supplier Terms, the Travel Supplier has a right to refuse or cancel your booking without offering any refunds. For enquiries about the Travel Supplier’s products and services or its Travel Supplier Terms, please contact the Travel Supplier directly.
7.6 Except where prohibited by local law, EhotelAdvisor.com has the right to reject any Booking Request, and cancel any Confirmed Booking, including on behalf of the Travel Supplier, or any part thereof, without reason. If you have already made payment, we shall refund you the amounts paid in respect of such rejected or cancelled parts in accordance with our Refund Policy, unless:
7.6.1 you are in breach of these Terms or any applicable law;
7.6.2 the Travel Supplier Terms do not allow for refunds; or
7.6.3 EhotelAdvisor.com deems in its sole discretion that you are not entitled to a refund due to reasons including but not limited to suspected fraud or abuse.
- PRICING, ADDITIONAL CHARGES AND TAXES
8.1 Currency selection and effects
The price you pay for a booking will depend on your selected payment methods (may include, “Pay Now”, “Book Now, Pay Later” or “Pay at Hotel”, as described in clause 9), Display Currency, Payment Instrument, Payment Instrument Currency, Product Currency, Charge Currency, and any applicable credits and discounts, among other things.
a. “Display Currency” means the currency displayed to you on the Platform. Your default Display Currency is based on your IP address and/or your Account Settings.
You can select your preferred Display Currency by clicking the currency code (e.g. USD, AUD) shown on the Platform, or in Account Settings.
b. “Payment Instrument Currency” means the default currency of the Payment Instrument as determined by the issuer of the Payment Instrument.
c. “Product Currency” means the currency of the Travel Product based on the location of the Travel Product or the currency that the Travel Supplier uses for its Travel Product listings with EhotelAdvisor.com .com.
d. “Charge Currency” means the currency in which you are charged for a booking.
The Platform allows users across the globe to make bookings with Travel Suppliers around the world. Hence, the Platform provides you with the ability to choose the Display Currency and/or the Charge Currency.
Before you select your Charge Currency on the booking form/payment information page, the Platform shows you estimated prices of your booking in your Display Currency for your convenient reference only. Where relevant, EhotelAdvisor.com uses the Bloomberg Generic Composite Rate to calculate those estimated prices of your booking.
On the payment information page, when your Payment Instrument Currency is different from the Display Currency, EhotelAdvisor.com may propose you, as Charge Currency, to be charged in Display Currency or Payment Instrument Currency.
If you select a “Pay Now” booking … | EhotelAdvisor.com will calculate the price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, an additional amount up to 5% of the price (the “Additional Amount”) will be added when Charge Currency is different from Display Currency, except when (A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the United States (US), Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making booking for Accommodations in India. The Additional Amount will not apply if your selected Charge Currency is the same as Display Currency. When you click “Book Now!”, you will be charged the price shown to you in your selected Charge Currency. |
If you select a “Book Now, Pay Later” booking … | EhotelAdvisor.com will calculate an estimated price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, the Additional Amount will be added: (i) when Charge Currency is different from Display Currency; and/or (ii) when Charge Currency is different from Product Currency, except when (A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the US, Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making your booking for Accommodations in India. If the conditions for applying both sections (i) and (ii) are met, the Additional Amount will only be applied once. The Additional Amount will not apply if the Display Currency, Charge Currency, and Payment Instrument Currency are in the same currency. Because you have selected a “Book Now, Pay Later” booking, you will not pay anything until the payment date shown on the booking form/payment information page, and on your booking confirmation. On the payment date, EhotelAdvisor.com will calculate the final price for your booking in your selected Charge Currency using the Bloomberg Generic Composite Rate and, where applicable, including the Additional Amount. |
REMINDER: Your final price on the payment date may increase (or decrease) compared to the estimated price, depending on any changes in the relevant Bloomberg Generic Composite Rates between the day that you confirm your booking and the payment date.
If you select a “Pay at Hotel” booking … | The Additional Amount does not apply for Pay at Hotel booking. EhotelAdvisor.com will calculate and show you on the booking form/payment information page an estimated price for your booking in your selected Display Currency using the Bloomberg Generic Composite Rate. You will pay on the date of your stay period at the Accommodation, in the currency indicated on the booking form/payment information page, or in any other currency that the Accommodation accepts. If you pay the Accommodation in a different currency, or with a Payment Instrument that uses a different currency, the actual amount that you will be charged for your booking will depend on the exchange rate(s) used by the Accommodation and/or your Payment Instrument provider. These factors are outside of EhotelAdvisor.com control. |
EhotelAdvisor.com updates its Bloomberg Generic Composite Rates regularly, and generally on a daily basis.
Refunds
Without prejudice to the Refund Policy, when you cancel a refundable booking within the permitted cancellation period or for permitted cancellation reason, EhotelAdvisor.com will refund you (i) the actual amount you paid for the booking regardless of the exchange rate on the date of refund, and (ii) the Additional Amount.
Payment Instrument provider fees
If you select a Charge Currency that is not the Payment Instrument Currency … | Your Payment Instrument provider (for example, the bank issuing the payment card which you use to pay): · may charge you additional fees; and/or · may determine the applicable exchange rate when the transaction is applied to your account. Your Payment Instrument provider may use higher or lower rates compared to the Platform. Any applicable fees are based on your agreement with your Payment Instrument provider. EhotelAdvisor.com does not control or benefit from your Payment Instrument provider’s exchange rate or fees. |
8.2 Charges for Taxes and Fees
8.2.1 When browsing Travel Products on our Platform, the Display Price is generally exclusive of taxes and service fees unless otherwise expressly stated.
8.2.2 In connection with facilitating your booking, the charge to your Payment Instrument may include an amount for charges, taxes and fees (“Taxes and Fees”) unless indicated otherwise, which may include bank and credit card fees and charges where this is available or known to us. Such bank and credit card fees and charges, where it is applicable to you, may alternatively be displayed as ‘Processing cost’ in the booking form. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount EhotelAdvisor.com pays the Travel Supplier and the location and type of the Travel Supplier and/or Travel Product and may include a fee that EhotelAdvisor.com retains.
In relation to Flights or Accommodations, these Taxes and Fees may include a fee, for the facilitation services provided by EhotelAdvisor.com in relation to your Booking (“EhotelAdvisor.com Booking Fee”), which may also, where it is applicable to you, be displayed as a ‘Convenience Fee’ in the booking form. Except where expressly prohibited by law, the EhotelAdvisor.com Booking Fee (including any Convenience Fee) is non-refundable.
8.2.3 In relation to Flights and Accommodations, these Taxes and Fees include an estimated amount to recover the amount EhotelAdvisor.com pays on your behalf to the relevant Travel Supplier(s) in connection with your booking for taxes owed by the respective Travel Supplier(s), or EhotelAdvisor.com as the case may be, in respect of their service to you, including, without limitation, sales and use tax, occupancy tax, room tax, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, service tax, excise tax, value added tax, goods and services tax, consumption tax and/or other similar taxes.
8.2.4 For bookings involving Travel Products located in certain jurisdictions, the Taxes and Fees amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the relevant Travel Supplier, or EhotelAdvisor.com as the case may be.
8.2.5 In certain jurisdictions, the Taxes and Fees amount paid to the Travel Supplier on your behalf in connection with your reservation may vary from the Taxes and Fees amount EhotelAdvisor.com estimates and includes in the charge to you. The balance of the (estimated) charge for Taxes and Fees, if any, is a fee EhotelAdvisor.com may retain as part of the compensation:
(a) in relation to any Flight component of your booking, as our handling fee for the services provided by EhotelAdvisor.com to you in respect of such Flight(s);
(b) in relation to any Accommodation (as applicable depending on the jurisdiction), as our fee for the services provided by EhotelAdvisor.com to you in respect of such Accommodation.
8.2.6 You are fully responsible for all taxes, charges, fees, duties and assessments arising out of the use of this Platform. While we aim to provide customers with the total price of each booking on the Platform, there is a chance that a government-imposed tax may be added or increased after the booking is purchased. If this occurs, by accepting these Terms, you agree to pay the new or higher government-imposed tax, where not prohibited by law.
8.2.7 Except as otherwise described in these Terms, EhotelAdvisor.com is not collecting and remitting taxes to the applicable tax authorities, unless otherwise required by law or where EhotelAdvisor.com is required to collect and remit taxes on behalf of the Travel Suppliers. The relevant Travel Suppliers, as vendors, include all known applicable taxes in the amount displayed as the total price of your booking and EhotelAdvisor.com pays over such amounts on your behalf directly to the vendors or directly to the relevant tax authority where required by law. EhotelAdvisor.com is not a co-party associated with the vendors or Travel Suppliers with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes may vary depending on various factors such as location, type of service etc.
8.2.8 Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner’s platform, calculation of applicable taxes and fees will be set out in such Partner’s terms and conditions.
8.2.9 International transaction fees
Your Payment Instrument provider may charge you international transaction fees (“ITF”) when you pay for your booking. The amount of ITF is solely determined by your Payment Instrument provider, and EhotelAdvisor.com does not control or benefit from the ITF charged by your Payment Instrument provider.
8.3 Electronically Supplied Services
EhotelAdvisor.com may provide additional services independent of, in addition to, or ancillary to the Services and the services offered by the Travel Suppliers (“Electronically Supplied Services” or “ESS”). For ESS, we may request a service fee in consideration thereof, upon your acceptance of the ESS and subject to specific terms and conditions you may agree to for obtaining such ESS. For sake of clarity, such ESS fee, if charged by EhotelAdvisor.com .com, will be over and above the amount you may be charged by the Travel Suppliers for availing the services offered by the Travel Suppliers.
Some of these ESS are provided independently by third parties and not by or on behalf of EhotelAdvisor.com .com. When purchasing an ESS provided by a third party through our Platform, the booking for that ESS is made directly with the Partner(s) named on the booking page and our Platform only acts as a facilitator of such booking. For ESS provided by a third party through our Platform, we may be paid a fee or commission by the relevant Partner(s).
- PAYMENT
9.1 Before you submit your Booking Request, you will be notified of the payment methods that are acceptable for that Booking Request. While most bookings are payable in full upon submission of your Booking Request (“Pay Now”), we may in some cases offer you the option of paying EhotelAdvisor.com at a later date (“Book Now, Pay Later”) or paying the Travel Supplier directly (“Pay at Hotel”). Please refer to clause 15 for more details on these alternative payment options.
9.2 You authorize EhotelAdvisor.com or another EhotelAdvisor.com Group entity to charge or debit your Payment Instrument for the full booking amount once you have submitted your Booking Request.Upon receipt of your payments by EhotelAdvisor.com for Confirmed Bookings, your obligation to the Travel Supplier for that amount is extinguished.
9.3 We reserve the right to cancel your booking, including on behalf of the Travel Supplier, if applicable, if the full payment for your booking is not received in a timely fashion, including but not limited to where your Payment Instrument cannot be charged on the intended Charge Date for whatever reason.
9.4 Local tax invoices may be obtained from the Travel Supplier offering the Travel Product to you. Where specifically required by law, EhotelAdvisor.com may provide a local tax invoice to you.
9.5 For a variety of reasons, payment on our Platform may fail. In such cases, EhotelAdvisor.com will use all reasonable efforts to offer you alternatives (where available) to ensure your booking can go ahead or offer you a refund in accordance with our Refund Policy. If you have any questions, please contact Customer Service.
- CANCELLATIONS, CHANGES AND REFUNDS
10.1 If you wish to review, adjust or cancel your reservation, please follow the instructions in the confirmation email, use our self-service tool, or contact Customer Service.
10.2 Any cancellations, changes, refunds and no-shows to your Confirmed Booking are subject to the applicable booking conditions and Travel Supplier Terms, including any additional fees that may be imposed by the Travel Supplier. You should read our Refund Policy, the cancellation and no-show policies of the relevant Travel Supplier(s), and the booking conditions for your selected reservation carefully prior to making your booking. Please be advised that certain reservations may be non-refundable, non-cancellable, and/or non-changeable.
10.3 Without prejudice to clause 10.2, EhotelAdvisor.com reserves the right to charge a cancellation and/or modification fee on behalf of the Travel Supplier, up to the full cost of the reservation, for any cancellation or modification by you of a Confirmed Booking, and such fees will be indicated on our Platform.
- YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
11.1 When you submit a Booking Request, you represent and warrant to EhotelAdvisor.com that:
11.1.1 you have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian);
11.1.2 the Payment Instrument you are using to make the booking is your own or that you are authorized to complete the booking with it, and that there are sufficient funds to cover the cost of the transaction;
11.1.3 the payment details you provide us with in making a booking are fully correct;
11.1.4 you or your legal guardian, where applicable, will not resell any Travel Products booked through our Platform;
11.1.5 you or your legal guardian, where applicable, are not subject to any international sanctions program or restrictions;
11.1.6 if and when applicable, you will satisfy all your obligations, tax, withholding or otherwise, as required by applicable law.
11.2 You also undertake to provide correct and accurate e-mail, postal and/or other contact details to EhotelAdvisor.com and acknowledge that EhotelAdvisor.com may use these details to contact you in the event that this should prove necessary in connection with your booking or other use of our Platform.
- PROMOTIONS
12.1 EhotelAdvisor.com may support promotional rates, vouchers, discounts, promo codes and special offers (“Promotions”) and “EhotelAdvisor.com Cash” from time to time. Unless expressly stated otherwise, each Promotion may not be combined with other Promotions and/or loyalty programs. Promotions are subject to further rules and special conditions which will be posted on our Platform, as may be amended by EhotelAdvisor.com from time to time. Promotions cannot be redeemed, exchanged or refunded for cash, credit, or other products. Some Promotions may only be available in certain territories or for residents of certain territories and may exclude certain types of Travel Products and may be subject to additional terms and conditions. While discount amounts for promocodes may vary, the value of the discount will be clearly displayed within the price breakdown.
12.2 Where you have a promo code, or voucher, if it is not automatically applied, you must apply it on the booking form in order to apply it to your booking. Unless expressly stated otherwise, Promotions will not apply to the local taxes, service fees and additional charges of your booking.
12.3 EhotelAdvisor.com reserves the right to stop the use of any Promotion for any reason. In case of any dispute relating to Promotions, EhotelAdvisor.com decision shall be final.
- FRAUD
13.1 We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm your booking. If you choose not to submit the additional information or if we are not satisfied with the information received, your Booking Request will be cancelled because it is incomplete, and any amounts charged will be refunded. It is possible that a Travel Product becomes unavailable during the fraud check, in which case the booking will no longer be available. You acknowledge and agree that EhotelAdvisor.com shall not be held liable in such circumstances.
13.2 If you suspect an unauthorized or fraudulent booking was made using your Payment Instrument via EhotelAdvisor.com .com, please contact Customer Service immediately. You should also contact your bank or Payment Instrument issuer immediately upon becoming aware of such unauthorized use.
- TRAVEL ADVISORY AND VISA REQUIREMENTS
14.1 It is your responsibility to ensure that you satisfy all applicable legal requirements when entering a country or territory, including its visa and health requirements. As these requirements are subject to change without notice, EhotelAdvisor.com recommends that you review travel prohibitions, warnings, announcements and advisories and verify with the appropriate consulate prior to booking and again before departure. It is your responsibility to ensure that you are either insured by your own insurance company, or by the Travel Suppliers who may provide insurance coverage. EhotelAdvisor.com takes no responsibility in the insurance process and recommends that you are sufficiently covered with a comprehensive travel insurance policy prior to departure.
14.2 By displaying Travel Products in or to particular destinations, EhotelAdvisor.com does not represent or warrant that travel to such points is advisable or risk-free and EhotelAdvisor.com shall not be held liable for damages or losses that may result from travel to such destinations. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions.
SECTION C: ACCOMMODATIONS
- ADDITIONAL PAYMENT OPTIONS
15.1 To the extent your booking includes Accommodations, you may be given the option to Book Now, Pay Later. If you have selected this option:
15.1.1 notwithstanding clause 9.2 above, your booking amount is payable on the Charge Date which will be at such future time as indicated in the corresponding confirmation email and you authorize EhotelAdvisor.com or another EhotelAdvisor.com Group entity to charge or debit your Payment Instrument on such Charge Date; and
15.1.2 you acknowledge and agree that a small verification charge or pre-authorization may also be made to your Payment Instrument at the time the Booking Request is submitted, with the balance charged when the booking amount becomes payable by you.
15.2 To the extent your booking includes Accommodations, you may be given the Pay at Hotel option to make payment directly at the relevant property. If you have selected this option:
15.2.1 notwithstanding clause 8.2, the Display Price may or may not include Taxes and Fees. Please verify the booking conditions and your confirmation email or voucher, or inquire with the Travel Supplier or contact our Customer Service team;
15.2.2 in some cases, a Travel Supplier may pre-authorize your Payment Instrument and charge a deposit or charge the full booking amount up-front; and
15.2.3 in some cases, a Travel Supplier may require your Payment Instrument details in order to guarantee your booking and you hereby authorise EhotelAdvisor.com to send such information to that Travel Supplier in accordance with our Privacy Policy.
15.3 To the extent your booking includes Accommodations, depending on your location, you may be given the option to make payment of your booking amount in instalments (“Instalments” or “Deferred Payments”). If you have selected this option:
15.3.1 you acknowledge and agree that this payment option is not provided by EhotelAdvisor.com but by a third party (“Instalment Facilitator”) and subject to additional terms and conditions, including such terms and conditions as may be imposed by that Instalment Facilitator. You may be redirected to the Instalment Facilitator’s environment to complete the instalment payment option and accept Instalment-specific terms and conditions. If you do not meet the Instalment Facilitator’s terms it is at their absolute discretion to not make the instalment payment option available to you;
15.3.2 if you are in breach of the Instalment Facilitator’s terms, you will be subject to the consequences stipulated by the Instalment Facilitator’s terms. EhotelAdvisor.com has no liability to you for any such consequences under these terms; and
15.3.3 EhotelAdvisor.com reserves the right to cancel your booking, including on behalf of the Travel Supplier, if you breach the Instalment Facilitator’s terms and you agree to pay and be solely liable for the full booking amount. You further agree that EhotelAdvisor.com has the right to assign the full booking amount payable by you to the Instalment Facilitator and/or its factors.
- STAR RATINGS
16.1 Star or other denoted ratings (“star ratings”) may be displayed for some Accommodations on our Platform. Such star ratings are based on information we have received from the relevant Travel Suppliers and are provided for your information only. EhotelAdvisor.com does not independently verify such star ratings and makes no representation that these ratings are or will be consistent with ratings on other websites and platforms. Without prejudice to the generality of clause 3.1, EhotelAdvisor.com makes no guarantees or representations about the facilities, amenities, services, quality, comfort or any other features of any Accommodation based on the star ratings.
- BEST PRICE GUARANTEE PROGRAM
17.1 We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation.
17.1.1 Should you find your Confirmed Booking Accommodation, with the same booking specifications and conditions, at a lower price on the internet after you have made a booking through us, you may submit a claim to us in accordance with the terms of our Best Price Guarantee. If we determine that your claim meets the requirements of our Best Price Guarantee, we will match the difference between the price offered on our Platform and the lower price in accordance with the terms and conditions of the Best Price Guarantee. This clause does not apply to any bookings made using the services of a Partner.
17.1.2 In addition to the above, to fetch the best price, you allow EhotelAdvisor.com to exercise, at our sole discretion, but without any obligation whatsoever, to re-book the same room type, with the same benefits (insofar as it satisfies the conditions above), if available at a cheaper price and reimburse you the savings in EhotelAdvisor.com Cash to your EhotelAdvisor.com account.
- SECRET DEALS
18.1 To the extent that your booking relates to an Accommodation which is part of EhotelAdvisor.com Secret Deals program, you acknowledge and agree that you will only be notified of the name, location, and contact details of such Accommodation once you have a Confirmed Booking, and that such booking cannot be cancelled and is non-refundable to the extent permitted by applicable law. Accommodations that are part of the Secret Deals program come through specific arrangements with Travel Suppliers, and are indicated with a specific logo. Accommodations offered through the Secret Deals program may or may not be reflected in traditional retail inventory. When selecting and confirming such a booking, you acknowledge that your booking is made in accordance with clause 7.1.
- FAST TRACK SERVICE
19.1 EhotelAdvisor.com “Fast Track Service” will enable you to get priority access to our customer service. At the time of your booking, you will be offered EhotelAdvisor.com Fast Track Service attached to the corresponding booking. Upon completion of your purchase of the Fast Track Service, EhotelAdvisor.com will provide you with priority access across all modes of communication with our customer service agents – calls, emails, chats – corresponding to that booking. This means that you will be put first/ahead in the queue when you contact our customer service. Please note that the Fast Track Service will be offered similarly to all purchasers, which means that Fast Track Service will be offered on first-come-first served basis if there are multiple purchasers of the same service reaching out to our customer service at the same time. In the times of emergency, force majeure, natural disaster, etc., EhotelAdvisor.com will provide this service on best effort basis.
19.2 You can avail the Fast Track Service by paying an additional amount (over and above the price of your accommodation) at the time of booking your accommodation (“Fast Track Fee”). The amount of the Fast Track Fee will be calculated as a percentage of the total booking value of your selected accommodation and will be charged to you inclusive of applicable taxes. Once purchased, the Fast Track Fee will not be refunded to you in any event, including in the events of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to EhotelAdvisor.com customer service, even post cancellation of your corresponding booking, should you have any questions later.
19.3 Upon completion of your purchase, the Fast Track Service will be available to you only with respect to the corresponding booking:
a) for departed bookings – from the time of booking creation up to 30 days after checkout date; or
b) for cancelled bookings – from the time of booking creation up to 30 days after cancellation date.
- CANCEL FOR ANY REASON SERVICE
21.1 For eligible Accommodation and Flight bookings, EhotelAdvisor.com has partnered with Cover Genius Singapore Pte Ltd. (“Cover Genius”) who would offer an enhanced cancellation policy, called ‘Cancel for any reason’ (“CFAR Service”) independently to EhotelAdvisor.com bookers. CFAR Service is provided, operated and managed by Cover Genius through XCover.com and not by or on behalf of EhotelAdvisor.com .com. While making a reservation at an eligible Accommodation or for an eligible Flight, you may choose to add the CFAR Service as part of the Accommodation or Flight reservation. The CFAR Service allows you to cancel your Accommodation or Flight reservation at any time prior to check-in/booking commencement, in accordance with the terms of the CFAR Service and the corresponding policy issued to you by Cover Genius (“CFAR Policy”). The CFAR Service automatically expires as per the expiration date mentioned in the CFAR Policy issued to you by Cover Genius.
21.2 CFAR Service is made available to you by Cover Genius by you paying an additional amount (over and above the price of your Accommodation or Flight) at the time of booking your Accommodation or Flight (“CFAR Service Fee”).
21.3 By choosing to purchase and use the CFAR Service, you agree to these terms and conditions of CFAR Service, which are contained in the CFAR Policy issued to you by Cover Genius. The terms and conditions of the CFAR Service applicable to your booking, including exclusions and limitations, will be made available to you by Cover Genius at the time of your booking and upon completion of your purchase of the CFAR Service. For more information, visit help center.
SECTION D: FLIGHTS
- RESCHEDULING AND CHANGES
22.1 To the extent that your Confirmed Booking includes any Flight(s), you acknowledge that the Travel Supplier and/or relevant airline or airlines may reschedule or cancel such Flights in accordance with the Travel Supplier Terms. EhotelAdvisor.com is not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights, and any failure by the Travel Supplier to provide you with notice of changes to the Flights.
22.2 If you wish to modify or cancel any Flight component of your Confirmed Booking, you acknowledge that in accordance with clause 10.3 above, EhotelAdvisor.com will impose an additional charge of up to USD 50 (or the equivalent thereof in another currency) per person for each modification, except where prohibited by local law, and this is in addition to any applicable charges by Travel Suppliers and airlines. While these charges are additional, they are part of the compensation for our Services for Flights bookings.
- FARES WITH MULTIPLE AIRLINES
23.1 We may offer fares that are a combination of one-way and/or return Flight segments that could involve different airlines. In processing your combined Flight booking, it is possible that certain Flight segments will be confirmed and other Flight segments for the same journey cannot be booked (or may be cancelled or significantly changed after booking). You acknowledge that each Flight segment in a combined journey is a separate flight booking. You will not be allowed to modify or cancel the confirmed Flight segments for free, even if other Flight segments for the same journey are not successfully booked. All Flight bookings are subject to terms and conditions that may vary based on the travel origin/destination, including policies on Flight booking changes and fees, cancellations, and refunds for individual or combined Flights/segments. Changes to one Flight may not automatically be applied to the other Flight segments, which may need to be changed individually. This may result in separate fees and charges to change each segment, including the EhotelAdvisor.com Booking Fees. You may require evidence of a return or onward travel for international flights. If the bookings of all Flight segments will be confirmed, you will receive a single booking confirmation for the whole journey. The fee EhotelAdvisor.com retains as part of the compensation for its Services and to cover the costs of booking or facilitating your reservation, is calculated based on the whole journey at the time of booking.
- AIRLINE AND TICKET CONDITIONS
24.1 Without prejudice to the generality of clause 7.5 above, you agree to be bound by the terms and conditions of carriage of the airline(s) issuing the tickets for any Flight component of your Confirmed Booking. Such terms and conditions may include restrictions in relation to payment, refunds, cancellation, reservation modification, scheduled times and dates, liability, and fare restrictions and conditions. There may also be prohibitions on “point-beyond”, “hidden-city”, or “back-to-back” tickets and other bookings which include segments which you do not intend to use, on use of flight coupons out of sequence, and on buying a return ticket when you only intend to travel one-way. You understand that any violation of any terms and conditions of the airline, including purchase conditions, could result in cancellation of your Flight(s), being denied access to your Flight(s), or forfeiting any payments made for Flight(s). We may also charge you for any costs and penalties incurred as a result of such violation. We recommend that you read the refund, cancellation and no-show policies applicable to your Flight(s) carefully prior to making your booking, including where the airline changes or cancels your Flight booking.
24.2 Sometimes, cheaper fares are available on the Platform for the same Flight, for the same Flight segment(s) on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your booking. Different tickets on the same airline for the same Flight may carry different restrictions or include different services.
24.3 Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, including free or included pieces or weight of your baggage, seat selection, meals and priority boarding. While we provide some details of what is included in your ticket for your Flight, this is not a substitute for, or summary of, the airline terms and conditions and you should ensure to review these separately.
- FLIGHT PRICE
25.1 Please note that all prices for Flights on the Platform are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. We may also charge booking fees for certain types of bookings during or after the Booking is made. These will be displayed in the booking form.
- CUSTOMER SERVICE PACKAGES
26.1 The Customer Service Packages for EhotelAdvisor.com Flights (“Service Package”) are available in three tiers – Premium, Plus and Basic – with each tier providing you with a different level of support and benefits as follows:
26.1.1 EhotelAdvisor.com Modification and Cancellation Fee
The applicable EhotelAdvisor.com modification and cancellation fee, pursuant to the Terms, for your request to modify or cancel the Flight component of your Confirmed Booking will be fully waived for Premium tier and partially waived for Plus tier. Note that this modification and cancellation fee refers to the fee imposed by EhotelAdvisor.com which is in addition to any applicable charges by Travel Suppliers and airlines. Non-refundable or non-changeable booking(s) will continue to be subject to the terms and conditions of the Travel Suppliers and airlines.
26.1.2 Prioritized Customer Service Responses
Users in the Premium and Plus tiers will be provided with priority access when corresponding with our customer service agents in relation to the Flight bookings. This means that you will be prioritized in the queue of all callers and/or emails, depending on the tier you are in, when you contact our customer service. Priority access for Premium and Plus tiers are available when you contact EhotelAdvisor.com customer service via the Help Center. Your call and/or email will be prioritized based on the Flight Booking ID provided by you. Users in the ‘Premium’ tier enjoy the shortest waiting time when contacting our customer service and will be prioritized over Users in the ‘Plus’ and ‘Basic’ tiers. Users in the ‘Plus’ tier will be prioritized over Users in the ‘Basic’ tier. Prioritization among Users within each tier will be given on a first-come-first served basis.
In the times of emergency, force majeure, natural disaster, etc., EhotelAdvisor.com will provide this service on best effort basis.
26.1.3 Promocode for Accommodations
Each User in the Premium and Plus tier will receive a one-time use promo code applicable on an Accommodation booking of a minimum value of USD 250 on our Platform. The promo code will expire one (1) year from the purchase date of your Service Package. The use of promo code is subject to the applicable Terms governing Promotions.
26.2 The Service Package is available to you for purchase by paying the applicable Service Package fee at the time of booking your Flight(s) (“Service Package Fee”). The Service Package Fee is non-refundable including in the event of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to our customer service, even after the cancellation of your booking.
26.3 Upon completion of your purchase, the Service Package support and benefit will be available to you:
a) only with respect to the corresponding Flight booking; and
b) for a period of one (01) year only from the date of your corresponding Flight booking.
SECTION E: COMBINATION
- SPECIFIC COMBINATION TERMS
27.1 Further to clause 8 above, the total Display Price for any Combination is based on booking and paying for the component of the Travel Products (e.g., the Accommodation(s) and the Flight(s) as a combined package). You acknowledge that the Display Price may not be the same as booking and paying for each component of the Combination separately.
27.2 If the terms and conditions of your Combination permit you to change or cancel part of your Combination and you do so, your booking may then cease to constitute a Combination and the benefits and savings achieved by booking a Combination may no longer apply or be available.
27.3 Notwithstanding clause 7.3 above, where your Booking Request relates to a Combination, each Travel Supplier involved must accept your Booking Request in order for you to receive a Confirmed Booking, and a separate contract is formed between you and each Travel Supplier involved for the respective Travel Product provided by that Travel Supplier.
27.4 Further to clause 10 above, where you have booked a Combination that comprises two or more Travel Products, changes to or cancellations of one Travel Product will not automatically be applied to the other Travel Product(s). You are responsible for making any consequential changes and/or cancellations and any fees and charges incurred in doing so.
SECTION F: CERTAIN ACTIVITIES-RELATED TERMS
- EHOTELADVISOR.COM AS SELLER
28.1 For certain Travel Products offered in Singapore (SG) and Hong Kong (HK), EhotelAdvisor.com may act as the seller and not as an agent of the Travel Suppliers or the operator of the Travel Product. In these cases, your contract for the purchase of such Travel Product is directly with EhotelAdvisor.com .com.
28.2 Where EhotelAdvisor.com is the seller, this will be expressly indicated in your booking confirmation. All payments for such Travel Products will be made directly to EhotelAdvisor.com .com.
28.3 For bookings where EhotelAdvisor.com is the seller, EhotelAdvisor.com is responsible for processing your booking and providing customer support related to your booking, in accordance with these Terms and the terms and conditions applicable to the Travel Product. However, EhotelAdvisor.com does not own, operate, nor is it responsible for the operation or performance of the Travel Products themselves. The Travel Suppliers remain fully responsible for the provision and operation of the Travel Products, and your use of such Travel Products is at your own risk.
28.4 The terms and conditions of the relevant Travel Supplier, including rules, restrictions, and requirements for use, will continue to apply to your Confirmed Booking and your access to and use of the Travel Product. You are responsible for complying with all such terms and conditions, and failure to do so may result in cancellation or invalidation of your booking.
28.5 EhotelAdvisor.com liability in respect of Travel Products for which it is the seller is governed by the applicable limitation of liability provisions in these Terms, including but not limited to clauses 35.9 and 35.10.
28.6 Except as expressly set out in this Section F, all other provisions of these Terms continue to apply.
SECTION G: OTHER EHOTELADVISOR.COM PROGRAMS
- EHOTELADVISOR.COM PRICE ALERTS
29.1 EhotelAdvisor.com offers the “Price Alerts” feature on our Platform in relation to certain Travel Products. Where available, you may set the Price Alerts feature to alert you through your selected communication channel about certain price changes to the relevant Travel Product during a specified time period.
29.2 You are responsible for updating your Price Alerts settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for that Travel Product or any other Travel Product until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. You may opt out of receiving Price Alerts at any time by clicking on the ‘turn off price alerts’ or a similar message found in the Price Alerts sent to you. For more information on this, please see our Privacy Policy.
- POINTSMAX
30.1 EhotelAdvisor.com “PointsMAX” program allows you to collect points with certain third-party loyalty programs (e.g., mileage programs from airlines) where available in respect of certain Travel Products. EhotelAdvisor.com does not apply an additional charge to your booking amount in order for you to collect the third-party loyalty program points. You are responsible for selecting and inputting the correct third-party loyalty program details in order to collect such points. The PointsMAX program is subject to the terms and conditions of the PointsMAX Policy. All participating third-party loyalty programs are operated by third parties and EhotelAdvisor.com shall not be liable for any losses, claims or damages suffered in connection with such loyalty programs.
SECTION H: GENERAL TERMS
- DATA PROTECTION AND PRIVACY
31.1 For information regarding our treatment of your personal data, please review our current Privacy Policy, which is incorporated by reference into these Terms. To the extent required under applicable law, your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your personal data in accordance with our Privacy Policy.
- INTELLECTUAL PROPERTY
32.1 Unless otherwise stated, all rights in our Platform (including the intellectual property, technology, trademarks, arrangement and compilation of the Content and the infrastructure used to provide such Content, etc.) are owned by or licensed to EhotelAdvisor.com .com. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platform and/or our Services granted to you pursuant to these Terms. EhotelAdvisor.com trade or service marks may not be copied, scraped, imitated or used, in whole or in part, without our prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EhotelAdvisor.com trade or service marks.
32.2 Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to EhotelAdvisor.com .com.
- COPYRIGHT INFRINGEMENT CLAIMS
33.1 If you believe in good faith that any Content hosted by us infringes your copyright, you or your agent may send us a written notice in accordance with our Copyright Infringement Claims Policy.
- INDEMNITY
34.1 To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the EhotelAdvisor.com Group, their subsidiaries and other affiliates, and each of their respective partners, officers, directors, employees, representatives, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents, payment service providers and other applicable third parties (“Covered Party(ies)”) from and against any liability, damage or loss including legal fees and expenses in excess of the limits of liability set out in clause 35, arising out of or related to your (or any other person using your EhotelAdvisor.com Account’s):
34.1.1 breach of or non-compliance with any applicable law or these Terms;
34.1.2 access to our Platform;
34.1.3 use of any of our Services;
34.1.4 booking or use of any products and/or services obtained through our Platform;
34.1.5 negligence or wilful misconduct; and
34.1.6 infringement or misappropriation of the rights of a third party, including without limitation any intellectual property rights or rights of publicity or privacy, (the “Third-Party Claim(s)”).
34.2 We may, if necessary and at our sole discretion, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third-Party Claim. You will not make any settlement that may adversely affect the rights or obligations of EhotelAdvisor.com Group without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
35.1 EhotelAdvisor.com has no special relationship with or fiduciary duty to you for accessing and using our Platform, Content and Services. We have no control over, and no duty to take any action regarding:
35.1.1 which Users gain access to our Platform;
35.1.2 what Content you access via our Platform;
35.1.3 what effects our Content may have on you;
35.1.4 how you may interpret or use our Content; and
35.1.5 what actions you may take as a result of having been exposed to the Content.
35.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are not responsible for the availability and quality of your telecommunication reception when accessing or using our Platform or Services.
35.3 The Platform, including all Services and Content therein, are provided on an “as is” and “as available” basis. We disclaim any and all warranties (express, implied or otherwise), including without limitation warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, and that our Platform is free from interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance, or by using services of generative AI algorithms or similar technology.
35.4 We do not warrant or make any representations regarding: (i) the acceptance of any request; (ii) the availability of any Travel Product through the Platform; (iii) the results that may be obtained from the use of the Platform; or (iv) that you will receive the lowest available price for any Travel Product available through the Platform.
35.5 Without prejudice to the generality of this clause and to the maximum extent permitted under applicable law, EhotelAdvisor.com disclaims all liability arising out of or in connection with:
35.5.1 errors or inaccuracies on our Platform, including without limitation errors in descriptions, pricing, booking availability, photographs, features, inclusions and exclusions, reviews and ratings and EhotelAdvisor.com reserves the right to correct any errors in booking availability and errors in pricing on our Platform at all times;
35.5.2 legality, decency or propriety of any material contained or accessed through our Platform, including material on other websites that we may direct you to;
35.5.3 any advertising material submitted by third parties and displayed on our Platform, including without limitation any error, omission or inaccuracy thereof;
35.5.4 any information shown, and any suggestions or recommendations made, about the Services or Content on our Platform, for any purpose;
35.5.5 any disruptions to our Platform and the services offered on and through it; and
35.5.6 any viruses or other harmful components contained in email that we may send.
35.6 To the extent permitted by applicable law, in no event shall any Covered Party be liable for any direct, special, indirect, incidental, exemplary, compensatory, punitive or consequential loss or damage of any kind, including but not limited to:
35.6.1 loss of actual or anticipated income (whether direct or indirect);
35.6.2 loss of actual or anticipated profits (whether direct or indirect); or
35.6.3 loss of contracts or business (whether direct or indirect),
howsoever arising under or in connection with these Terms, even if we have been advised of the possibility of such damages. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.
35.7 You acknowledge and agree that the EhotelAdvisor.com Group does not in any way directly or indirectly operate or control any Travel Product provided by any Travel Supplier or other third party, and that we have no control over or responsibility whatsoever for any arrangements you make with them as a result of your use of our Platform or Services. You also acknowledge and agree that if there is a dispute between you and any Travel Supplier or other third party, EhotelAdvisor.com is under no obligation to become involved. EhotelAdvisor.com disclaims all liability arising out of or in connection with any loss or damage you incur with any Travel Supplier or other third party. In the event of non-performance of any Confirmed Booking, including from bankruptcy, rehabilitation, reorganization, insolvency, dissolution or liquidation of a Partner and/or Travel Supplier, you agree that your only recourse will be against such Partner and/or Travel Supplier and not against us.
35.8 If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Platform or Services, or your booking or use of products or services made available through our Platform, then the liabilities of the EhotelAdvisor.com Group in the aggregate will not exceed the lower of (a) the aggregate cost of your purchased Travel Product as set out in the confirmation email (whether for one event or a series of connected events); and (b) USD 250 (or its equivalent in local currency). In case of an overcharge or mischarge caused by EhotelAdvisor.com .com, you can make a claim regarding all erroneous charges notwithstanding what is set out above. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to the applicable statute of limitations.
35.9 Nothing in this clause shall limit or exclude any liability that cannot be limited or excluded under applicable law and EhotelAdvisor.com shall bear the liability to the extent set forth in the relevant laws.
35.10 You agree that the above limitations of liability reflect the allocation of risk between you and EhotelAdvisor.com and that, in the event that any of the remedies set out in these Terms are in breach of applicable law, these limitations of liability will survive.
- SHOPPING CART
36.1 EhotelAdvisor.com provides the option to search and request reservations for combined and/or multiple bookings using the Shopping Cart for selected Travel Products. Not all Travel Products offered on the Platform can be booked as part of a combined or multiple booking and those which can be booked as part of a combined or multiple booking will be identified as such during the booking process.
36.2 Eligible Travel Products on the Platform will be identified while you are searching and/or when you select the Shopping Cart option on the Platform. Making combined or multiple bookings can unlock greater savings on competitive prices for individual Travel Products and the savings will be identified as early as possible in the booking process as ‘Bundle Savings’.
36.3 Except as identified, the terms and conditions which apply to the Shopping Cart, as set forth in this clause, are in addition to, and in conjunction with, the terms of use for the respective Travel Products.
36.4 Please note that the price, rate, or fare for the relevant Travel Product displayed on the Platform can vary even for the same or similar Travel Product. These variations may be due to factors including without limitation the time and date of your booking, what is included in the total price, rate, or fare (as applicable) and the terms and conditions on which such price, rate, or fare is offered, particularly in relation to cancellation and refund terms and conditions. A combined or multiple booking may be completed and paid for in a single visit to the Platform and if the booking is not completed during the booking process, your selected Travel Products will be temporarily saved for you to complete your purchase at a later time. Your selections will be saved for ease of later booking, but are not held for you and may be booked by other customers in the interim. Selections not purchased will be released after a limited period of time and you will need to start your booking again. Please note that previously selected Travel Products may be sold out or their prices may change.
36.5 If you do not proceed with a combined or multiple booking of Travel Products, the price of the individual Travel Product will be displayed.
36.6 If you make a combined or multiple booking, you acknowledge and agree that the terms and conditions of each Travel Product will apply to that booking, as if it were a separate booking. Please note that different terms and conditions may apply even if you make a combined or multiple booking, including where you make more than one booking for the same Travel Product.
- EVENTS BEYOND OUR CONTROL
37.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our and/or the Covered Parties’ control including, but 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, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, or pandemic.
- MISCELLANEOUS
38.1 EhotelAdvisor.com reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any part thereof. If our Platform is terminated, your Confirmed Bookings will still be honoured by the Travel Supplier(s), subject to their terms and conditions, unless you receive a notification indicating otherwise. You will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, EhotelAdvisor.com shall not be liable to you or any third-party for any termination of your access to the Platform.
38.2 EhotelAdvisor.com and the EhotelAdvisor.com Group entities do not act as a travel agent in relation to the Services and any Travel Product, except as otherwise expressly stated in these Terms or on our Platform.
38.3 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between EhotelAdvisor.com and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between EhotelAdvisor.com and yourself in relation to such subject matter.
38.4 We may amend these Terms at any time. Such amendments shall be effective once they are posted on the Platform. It is your responsibility to review the Terms regularly. Your continued use of the Platform after any such amendments, whether or not reviewed by you, constitute your agreement to be bound by such amendments. Each of your bookings will be governed by the then-current applicable Terms at the time of such booking.
38.5 For your convenience, our Platform and these Terms exist in a number of languages and local versions 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 these Terms shall prevail.
38.6 Where any or part of these Terms is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms was severed from these Terms.
38.7 Save for any other EhotelAdvisor.com Group entity, a person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (2001 Singapore) or any similar legislation in any jurisdiction to enforce any part of these Terms. You may not assign or transfer your rights under these Terms without our prior written consent. We reserve the right to freely assign these Terms and our rights and obligations hereunder.
38.8 No failure or delay to exercise EhotelAdvisor.com rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce EhotelAdvisor.com rights under these Terms.
38.9 For the avoidance of doubt, these Terms do not apply to commercial contractual relationships that the EhotelAdvisor.com Group entities may have with others, including but not limited to the Travel Suppliers and certain marketing partners.
38.10 You acknowledge and agree that monetary damages are not an adequate remedy at law for the unauthorized use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), that such unauthorized use may cause EhotelAdvisor.com irreparable harm, and that EhotelAdvisor.com is entitled to injunctive relief to prohibit such unauthorized use.
38.11 Except as provided for elsewhere in these Terms, including in the Arbitration Agreement for U.S. Customers in clause 45 of these Terms, these Terms (and any and all disputes arising out of or in connection with these Terms, including without limitation any alleged breach, or challenge to the validity or enforceability, of these Terms or any provision thereof) will be subject to the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute. Notwithstanding any other provision herein requiring binding arbitration with customers, any cause of action related to the unauthorized use of the Content of this Platform by an automated means or automated assistant (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), is an exception to the disputes that are subject to arbitration, and shall be brought in a judicial proceeding in a court of competent jurisdiction, separate and apart from any claim or cause of action subject to arbitration.
INFORMATION, QUESTIONS AND COMPLAINTS
For additional information and to learn more about EhotelAdvisor.com .com, please refer to our FAQs on the Platform.
If you have complaints about our Services, you can contact our Customer Service. We will do our very best to help you. Please note that any complaints about Travel Products themselves are ultimately a matter for the Travel Supplier. EhotelAdvisor.com may coordinate directly with a Travel Supplier to try and find a mutually agreeable solution for you but cannot guarantee a satisfactory outcome.
For customers located in Japan only, please contact EhotelAdvisor.com International Japan KK (8th Floor, Ebisu South One, 1-7-8 Ebisu Minami, Shibuya-ku, Tokyo.; Contact, Representative: Hiroto Ooka; Price for Service: Refer to each Property’s page on the Site; Method and Timing of Payment: Credit Card (at the time of reservation on the Site) or payment at property; Timing of Service: At the time of reservation; Cancel: Refer to Cancellation Policy.)
