Website Terms of Use

Last Revised January 8, 2015

AGREEMENT BETWEEN CUSTOMER AND EXPEDIA INC.

Welcome to the Expedia.co.nz website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purpose.

The terms "we", "us", "our,", "Expedia" and "Expedia Inc." refer to Expedia, Inc., a Washington corporation, and its subsidiaries and corporate affiliates (collectively, the "Expedia Companies"), of 333 108th Avenue NE, Bellevue, WA, 98004, USA. The term "you" refers to any person visiting the Website and/or making a reservation through this Website or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or “Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents. Expedia may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

The information contained on the Website constitutes an invitation to treat by Expedia Inc. and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to book the relevant travel arrangements subject to this Agreement. You hereby waive any rights to challenge the validity or enforceability of the contracts entered into on the Website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website only in accordance with these Terms of Use;
  4. you will not use this Website for any purpose that is unlawful or prohibited by this Agreement;
  5. you will only use the Website to make legitimate bookings for you or for another person for whom you are legally authorised to act;
  6. you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto;
  7. all information supplied by you on this Website or to a call centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information;
  8. if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right, at our sole discretion, to deny anyone access to this Website and/or the services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use .


PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. use another person’s name, ID or password without permission or use the Website while impersonating another person;
  3. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
  4. make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
  5. copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without our express written permission, except where permitted by law;
  6. access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
  7. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  8. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  9. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  10. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Expedia may cancel any travel or service reservations associated with your name, email address or account, and close any associated Expedia accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Expedia reserves the right to take any necessary legal action and you may be liable for monetary losses to Expedia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Expedia Customer Service.


SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your booking and purchase of travel-related goods and services. Please read such additional terms and conditions carefully.In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier's website.You agree to abide by the terms and conditions imposed by any supplier with whom you elect to deal including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant supplier's rules and restrictions regarding availability and use of goods or services.We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant hotel are unrelated to any payment made through the Website for your hotel booking.

Expedia is not liable for any costs incurred due to relocation.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Expedia may offer Customers the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.


PRIVACY POLICY

Expedia Inc. believes in protecting your privacy. As a user of this Website and any associated service or facility such as the booking engine or call centre, you agree and consent to Expedia Inc. using and disclosing to your contact and personal information (such as your name, email address and other details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices Privacy Policy.


REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant to the Expedia Companies and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Expedia Affiliates"), a universal, nonexclusive, royalty free, perpetual, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, display, publish, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that the Expedia Companies 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 the Expedia Companies the right to pursue at law any person or entity that violates your or the Expedia Companies’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all 'moral rights' (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Expedia Affiliates or any of our partners or licensees. 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 Website. If you do not accept these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (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 will 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 Website. You acknowledge that the Expedia Companies have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.


All photos submitted are subject to our Photo Submission Guidelines below.

Expedia claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

PHOTO SUBMISSION GUIDELINES

Any photos you submit must be:

FREQUENT FLYERS / TRAVELLER PROGRAM

If you are a member of an airline's or hotel's frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. Neither Expedia Inc. nor any of the other Expedia Companies accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.

FARES & PRICES

Subject to the Note below, you acknowledge and agree that your credit card will be charged by the Expedia Companies, as applicable, or the supplier(s) with which your booking is made for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Website, plus tax recovery charges, and service fees.

Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

Note: In the event that you book accommodation (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation).

TAX RECOVERY CHARGE

You acknowledge that, in relation to prepaid hotel reservations, neither Expedia Inc., nor the Expedia Companies collect taxes from you for remittance by us to applicable taxing authorities. The tax recovery charge included in the booking amount for travel services booked through the Website is a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, goods and services tax, etc.) that the Expedia Companies pay to the relevant suppliers (e.g., hotels, etc.) in connection with your booking(s). The relevant supplier(s) invoice the Expedia Companies, and not you, for certain charges, including such tax amounts. It is the responsibility of the relevant suppliers to then remit applicable taxes to the applicable taxing authorities. Neither Expedia Inc. nor the Expedia Companies act as a co-vendor with any supplier.

PREPAID HOTEL RESERVATIONS

The Expedia Companies pre-negotiate certain room rates with hotel suppliers to facilitate bookings. These are known as "Expedia Special Rate" hotels. The total amount displayed on the Website for Expedia Special Rate hotels includes the pre-negotiated room rate, any tax recovery charges, and any applicable facilitation fees. The amount of any applicable facilitation fee is retained by the relevant Expedia Companies as compensation for providing this service and varies for each booking, depending upon the hotel selected. If you choose to book accommodation at an Expedia Special Rate Hotel, you authorize Travel Partner Exchange, Travelscape, LLC, or another member of the Expedia Companies doing business as Expedia to charge your credit card for the total booking price at the time you make your booking. Upon submitting your booking request, you authorize the Expedia Companies to facilitate the relevant hotel booking on your behalf, including making payment arrangements with relevant hotel suppliers.

You may cancel or change your prepaid hotel booking, but you will be charged any applicable cancellation or change fee indicated in the rules and restrictions for the hotel booking (if any). If you wish to cancel or change your booking but do not notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), you will be subject to a charge equal to the applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking.

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

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Expedia’s group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

PAY NOW OR PAY LATER

With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, Expedia will charge the amount shown to your credit card immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Expedia coupons may only be applied to "Pay Online Now" bookings.

BOOKING, CANCELLATION AND AMENDMENT CHARGES

If you want to change any details of your itinerary (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes will be permitted by the relevant supplier(s). You should call our Service Centre on 0800 998 799. The price of your new arrangements will be based on the prices that apply on the day you ask for the change and may include additional fees or charges that are charged by the supplier in connection with the change or cancellation. These prices may not be the same as when you booked the products or services.

An Expedia change fee of $50 will be applied for amendments to all economy standalone bookings (for international and domestic airfare bookings), provided changes are permitted. This is in addition to any fees or fare difference charged by the relevant airline(s).

FLIGHT SPECIFIC ADVICE

We strongly recommend (particularly if you are flying economy class), that you check in early if you have particular seat requests. We have no control over the allocation of seats, even if pre-booked with the airline, and can make no guarantee that specific seats will be available on departure.

Certain flight routes may be used on special fares which offer the best price, which do not necessarily take the most direct route. Stops may be made en-route for re-fuelling or to let passengers on and/or off. Details of any stops will be given during your booking process and are clearly identified both on the Website and on your itinerary which will be sent to when you confirm your booking.

HEALTH AND TRAVEL INSURANCE

It is the responsibility of all travellers to ensure they comply with all health requirements associated with their travel including, without limitation, any requirements relating to flying while pregnant and taking prescription and non-prescription medication into other countries. It is recommended that all travellers obtain travel insurance against loss, damage, illness, injury or other unexpected circumstances.

SPECIAL DEALS

From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on the Website is still available.

Additional terms and conditions may apply to special deals or the use of vouchers. You must check the Website or the third party provider of the special deal to determine whether any particular terms and conditions apply.

PASSPORTS, VISAS AND TRAVEL DOCUMENTATION

It is the responsibility of the traveller to ensure that he or she:

  1. complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and
  2. checks in by the required check-in time.

As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.

Passports are required for all travellers departing New Zealand, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months.

When purchasing air travel, the name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation.

It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. New Zealand citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations.

The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents.

The New Zealand Ministry of Foreign Affairs & Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination.


EXPEDIA SECRET SAVER BOOKINGS

When available, Expedia Inc.’s subsidiary, Hotwire, Inc., may offer additional, discounted hotel booking options on the Website. These hotels, called Expedia Secret Saver hotels, are different from other hotels offered on the Website in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All bookings are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of Expedia Secret Saver rooms that can be booked at one time is six. All Expedia Secret Saver rooms will be booked under the same name, and the guest under whose name the booking is made must be present at check-in. Expedia Secret Saver hotels are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.


TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and relevant government advisories 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 http://www.safetravel.govt.nz/ as provided by the New Zealand Ministry of Foreign Affairs and Trade.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

By offering reservations for travel products to particular international destinations, neither Expedia Inc. nor the Expedia Companies 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.

If you require special meals or other requirements including, without limitation, wheelchair access, it is your responsibility to check with the relevant supplier that it is able to satisfy such requests. Expedia Inc. will not be responsible for the failure of any supplier to satisfy any special request.

DISCLAIMER

The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Expedia Companies and the Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Expedia Inc. expressly reserves the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this Website are intended as only general guidelines, and the Expedia Companies and the Affiliates do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, the Expedia Companies, the Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Expedia Companies, the Affiliates and their respective suppliers may make improvements and/or changes on this Website at any time

To the maximum extent permitted by law, the Expedia Companies, the Affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the Expedia Companies or the Affiliates. All such information, software, products, and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, the Expedia Companies, the Affiliates, and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Expedia Companies, the Affiliates, and/or their respective suppliers are free of viruses or other harmful components. To the maximum extent permitted by law, the Expedia Companies, the Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Expedia Companies, or the Affiliates. The Expedia Companies and the Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. To the maximum extent permitted by law, the Expedia Companies and the Affiliates have no liability and will make no refund in the event of any disappointment, delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Important: This Agreement and foregoing disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law (including your statutory rights under any applicable legislation including the Fair Trading Act 1986 (NZ).

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall the Expedia Companies, the Affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability,consumder protection statutes, or otherwise, and even if the Expedia Companies, the Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the Expedia Companies, the Affiliates or their respective suppliers 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 liability of the Expedia Companies, the Affiliates and/or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia Inc. in connection with such transaction(s) transaction fees on this Website, or (b) One-Hundred Dollars (NZ$100.00) or the equivalent in local currency.

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 of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Expedia Companies, the Affiliates, and/or their respective suppliers.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:

(a)           in the case of products:

(i)             the replacement of the products or the supply of equivalent products;

(ii)           the payment of the cost of replacing the products or acquiring equivalent products;

(b)           in the case of services:

(i)             the supply of the services again;

(ii)           the payment of the cost of having the services supplied again.


INDEMNIFICATION

You agree to defend and indemnify the Expedia Companies, the 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 these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Expedia Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website ("Software") or through your mobile application store, including the Expedia mobile application (the “Mobile Application”), is the copyrighted work of the Expedia Companies, and/or our respective suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, revocable and nontransferable license to download, install and use the Software and/or Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Expedia Companies and/or the Affiliates and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are not subject to U.S.A. export restrictions.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.


CURRENCY CONVERTER

Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 New Zealand cents. The actual amount charged to your credit card is the amount displayed at checkout.

If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Expedia Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.


PAYMENT AND FEES

In the event your payment is taken at the time of booking, the company taking that payment and charging your credit card will be Travel Partner Exchange or another member of the Expedia Companies doing business as Expedia, who takes such payment on behalf of the company providing the travel service or the travel service provider directly.

Many banks and card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2015 Expedia, Inc. All rights reserved. Expedia, Expedia.com, Find Yours, ASAP A Sudden Amazing Price, Elite Plus, Expedia ASAP, Expedia Local Expert, Expedia Rewards, Expedia Affiliate Network, Expedia Viewfinder, Expedia QuickConnect, Expedia To Go, Chameleon, Insiders’ Select, Local Expert, Park And Away, QuickConnect, Traveler Opinions, Trend Tracker, TripAssist, Tripcontroller, Vacation Deprivation, VIP Access, Where You Book Matters, the AgentRez logo, the Best Price Guarantee logo, the Chameleon logo, the Elite Plus logo, the Expedia logo, the Expedia Affiliate Network logo, the Expedia Insiders’ Select logo, the Expedia Local Expert logo, the Expedia Rewards logo, the LX Local Expert logo, and the Airplane logo are either registered trademarks or trademarks of Expedia, 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. Expedia, Inc. is not responsible for content on websites operated by parties other than Expedia, Inc.

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.


ACCOUNT TERMINATION:

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Expedia has adopted a policy of terminating, in appropriate circumstances and at Expedia's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Expedia may also at its sole discretion limit access to the Website 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.


NOTICE OF INFRINGING MATERIAL

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 is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.


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


You may send us your notice by email to exp-copyright@expedia.com, by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification. You may want to seek legal counsel prior to doing so. Please include the following details:

  1. Identification of the specific content that was removed or disabled and the location where that content appeared on Expedia’s Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. 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 Expedia, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party's agent.
  4. 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."

Sign the paper. Send the written communication to the following address:

Expedia, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004

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 Expedia, please contact us at (425) 679-3751.


PATENT NOTICES

One or more owned by the Expedia Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.


GENERAL

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Googe Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx;
http://www.microsoft.com/maps/assets/docs/terms.aspx;
http://www.google.com/privacy/privacy-policy.html;
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html;
http://www.maps.google.com/help/legalnotices_maps.html;
http://maps.google.com/help/terms_maps.html

This Website is operated by a U.S. entity and this Agreement is governed by the laws of Auckland, New Zealand . You hereby consent to the exclusive jurisdiction and venue of courts in Auckland, New Zealand , in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our call centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Expedia Inc. may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and any of the Expedia Companies or any of its affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. 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 Website 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 any part 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 impacted or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Expedia Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Customer Support Centre. Or, you can write to us at travel@support.expedia.co.nz.

©2015 Expedia, Inc. All rights reserved.


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