Terms of Use

User Agreement

This Agreement constitutes a legal agreement between you (the user of openBookings, hereinafter referred to as “the Site” or “the Website”) and us (openBookings) and governs your use of the Site. By accessing the Site, you agree to all terms and conditions in this Agreement. Should you not agree with the terms and conditions set forth in this Agreement, you may not access the openBookings website.

We may choose to revise this Agreement at any time, and your access and/or use of the Website constitutes your continued acceptance of all terms, conditions, and notices that are effective as of the date and time you use or access the Site.

Minors/Children

openBookings is not intended for the use of anyone under 18 years of age. As a condition of your access and/or use of this Website, you warrant that you are 18 years old or older and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not authorized to access and/or use any information, products, or services on the Site.

Content

This Website is designed solely for the purpose of providing comparison information on listed hotels. It is not intended to be used as a means of hotel reservations. You agree to abide by all terms and conditions of any service or product provider you contact or access through this Site.

openBookings provides various services to assist you in comparison shopping for hotels and other products. We provide information regarding products and third party merchants, and links to third party merchants. Payment is made to openBookings by merchants or other third parties to list products on the Site. The products listed on the openBookings are sold by third party merchants, and openBookings does not sell, resell or license any products or services listed on the Site, nor is openBookings acting as an agent of sale for such products or services. openBookings disclaims any responsibility for, or liability related to, such products and/or services. Any concerns, question, complaints or claims relating to such products and/or services should be directed to the appropriate merchant or seller.

Disclaimer of Liability

openBookings makes every effort to ensure that information provided on the Site is correct. However, we do not warrant that information including, but not limited to, room rates, hotel descriptions and photographs, hotel amenities, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, current, or complete. openBookings provides content for informational purposes only and the inclusion of that content does not constitute an endorsement by openBookings of any product, merchant, seller or service.

The information, software, products, and services published on the Site, including, without limitation, text, graphics, links, or any information or materials obtained or accessed through or from openBookings are provide “as is,” “with all faults,” “as available,” and with no warranties whatsoever. openBookings herein disclaims to the fullest extent permitted by law any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

YOU AGREE THAT YOUR USE OF THE openBookings WEBSITE IS ENTIRELY AT YOUR OWN RISK.

The hotels and other suppliers listed on the Site are independent contractors and not agents or employees of Hotels Combine or its affiliates. openBookings and it’s 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 from the use of said suppliers. The Company and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, act of nature, or other cause beyond their direct control and they have no responsibility for any additional expense incurred by users of the Site based on, but not limited to, omissions, delays, re-routing, or acts of any government or authority.

IF YOU ARE DISSATISFIED WITH THE openBookings WEBSITE OR SERVICE OR ANY PART OF THE openBookings WEBSITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

In no event shall the Company, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in way connected with, the use of the openBookings website or with the delay or inability to use the Website, or for any information, software, products, and/or services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if openBookings, it’s affiliates, and/or their respective suppliers have been advised of the possibility of damages.

Because travel to various destinations throughout the world can be dangerous or ever life-threatening, you should not rely on any such information in situations where its inaccuracy would cause you to suffer any loss. openBookings assumes no liability for inaccuracy or incompleteness in any content on the Site, including, but not limited to search results, room rates, and editorial content. openBookings also does not assume any liability for inaccuracy or incompleteness in any content on third party sites you access from openBookings. We urge you to review travel prohibitions, warnings, and advisories issued by the United States Government before considering travel to international destinations. Information on restrictions and developments in various countries and the risks regarding travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.faa.gov, www.cdc.gov, and www.customs.gov.

By listing any hotel or destination, openBookings does not warrant that travel to such destinations is without risk. openBookings is not liable for any loss or damage – physical, property, or otherwise – that may arise from travel to any location chosen by accessing this Site.

Links to Third Party Websites

openBookings provides links to websites operated by parties and merchants other than the Company. However, those links are offered for your convenience only, and openBookings is not responsible for their content or your use of them. We do not endorse the content of any of the websites listed on openBookings, whether with links or without.

Indemnification

You agree to hold harmless and indemnify openBookings, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the openBookings website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. openBookings reserves the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company with respect to your use of the Site. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.

You agree that no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the 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.

Copyrights

All contents of the openBookings website are copyrighted © 2008 openBookings. All rights reserved. As a condition of your access and/or use of the Site or any information, data or images from the Site, you warrant and represent to us that you will not use the Site or its information, images or data for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Site.

openBookings makes every effort to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the openBookings site, including a URL; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.