Please read the following Terms and Conditions closely before using our Web site (the "Site"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. To the extent you book any travel products or services on this Site through our call center agents, you agree that these Terms and Conditions shall apply to all such transactions. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE.

Hotwire may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use View Hotwire Travel Products Rules and Restrictions .

REGISTRATIONS

Seller of Travel: Hotwire, Inc., a Delaware corporation, is located at 655 Montgomery Street, Suite 600, San Francisco, CA 94111. More information about Hotwire may be found at http://www.hotwire.com/about-hotwire/index.jsp. Hotwire is a registered seller of travel in each of the states listed below:

Seller of Travel:

California registration number: 2053390-50

Florida registration number: ST35196

Iowa registration number: 861

Nevada registration number: 20030209

Washington registration number: 602-218-781

Registration as a seller of travel in California does not constitute the state's approval.

New York Tax Registration: Hotwire's New York sales tax vendor registration number is 742938016 and its New York City hotel occupancy tax registration number is 0033922.

Please click here for additional information:   New York State certificate   New York City certificate

GENERAL TERMS AND CONDITIONS

Copyright and Trademark Notices

All contents of this Website are: © 2013 Hotwire, Inc. All rights reserved. Hotwire, Inc. is not responsible for content on websites operated by parties other than Hotwire, Inc., Hot Fare, Hot Rate, Hotwire, Hotwire.com, TripStarter, the Hotwire logo, the Airplace “Favicon” Design and the Hotwire.com logo are either registered trademarks or trademarks of Hotwire, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

Claims of Copyright Infringement & Counter-Notification

Hotwire, Inc. respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn't properly filled out or if the complaint is incomplete:

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by email to copyright@hotwire.com for the fastest resolution.

You may also send us your notice using the contact information below:

Hotwire, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
c/o NRAI
2875 Michelle Drive
Suite 100
Irvine, CA 92606

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. Fair Use Doctrine.

For any additional questions regarding the DMCA process for Hotwire, Inc. please contact us at 425-679-3756.

ACCOUNT TERMINATION:

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hotwire, Inc. has adopted a policy of terminating, in appropriate circumstances and at Hotwire Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hotwire may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

COUNTER-NOTIFICATION:

Hotwire, Inc. does not tolerate false claims of copyright infringement. If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.

To expedite our ability to process your counter notification, please send us your notification using the following format:

1. Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Hotwire, Inc.’s site. Please provide the URL address if possible.
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hotwire, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
4. Sign the paper.
5. Send the written communication to the following address:

Hotwire, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
c/o NRAI
2875 Michelle Drive
Suite 100
Irvine, CA 92606

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints

For any additional questions regarding the DMCA process for Hotwire, Inc., please contact us at 425-679-3756.

Use Restriction

This Site is intended for personal, noncommercial use. You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand. You may not use robots or other automated means to access this Site, unless specifically permitted by Hotwire. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Hotwire's prior written consent is prohibited.

Reviews, Comments And Other Submissions

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Hotwire and Hotwire's corporate affiliates (collectively, the "Hotwire Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Hotwire Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Hotwire may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Hotwire the right to pursue at law any person or entity that violates your or Hotwire's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site If you do not agree to these terms and conditions, please do not provide us with any Submissions.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Hotwire programs.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Hotwire may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Hotwire's policies with respect to claims by third parties that the content of the Site, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms and Conditions.

Privacy

You confirm that you have read, understood and agree to the Hotwire Privacy Policy , the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Hotwire, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Hotwire Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Hotwire in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy). Hotwire makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Hotwire will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Hotwire Privacy Policy because of a security breach or technical malfunction.

Prepaid Hotel Reservations

You acknowledge that the Hotwire Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Hotwire Companies provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Hotwire Companies and the facilitation fee retained by the Hotwire Companies for their services. You authorize the Hotwire Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Hotwire Companies' services. You agree that your credit card will be charged by the Hotwire Companies for the total reservation price. Upon submitting your reservation request you authorize the Hotwire Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Hotwire Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that the Hotwire Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Hotwire Companies for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Hotwire Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Hotwire Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Hotwire Companies for their services vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation (except for Hot Rate reservations, which are non-changeable and non-cancellable), but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You must make refund requests for no-shows or early checkouts within 60 days after checkout.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.

Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

Travel Destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Hotwire urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faaa.gov, www.cdc.gov, www.treas.gov/ofac, www.customs.gov.

Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, HOTWIRE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE HOTWIRE COMPANIES, THE HOTWIRE AFFILIATES AND THEIR RESPECTIVE PROVIDERSBE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Hotwire Companies and the Hotwire Affiliates accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Hotwire Companies or the Hotwire Affiliates control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The Hotwire Companies and the Hotwire Affiliates shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall the Hotwire Companies or the Hotwire Affiliates be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. The Hotwire Companies and the Hotwire Affiliates shall not be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If, despite the limitation above, the Hotwire Companies and the Hotwire Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Hotwire Companies, the Hotwire Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Hotwire in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Hotwire Companies and the Hotwire Affiliates and/or their respective Providers.

Some states-to the extent their law might be deemed to apply, notwithstanding the selection of Delaware law as described (below)-do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Indemnification

You agree to defend and indemnify the Hotwire Companies, the Hotwire Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of this Agreement or the documents referenced herein;
2. violation of any law or the rights of a third party;
3. your use of this Site; or
4. your use of this Site for, or on behalf of, a Third Party.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Hotwire Companies and the Hotwire Affiliates guarantees or warrants the accuracy or completeness of the information or content included on the web sites of these outside services and resources. The outside services and resources are in no way related to Hotwire, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Payment Methods

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

Bank and Credit Card Fees

Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Hotwire may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Hotwire Companies or the Hotwire Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and Hotwire relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the State of Delaware shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Delaware, USA, for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

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Revision Date April 18, 2013