Effective November 8, 2022
These Terms supersede any prior Orbitz Terms and Conditions relating to the use of the Services that were displayed on the Services before the date stated above. Unless specifically provided, they do not supersede any additional Supplier terms for carriage, awards, or attractions provided elsewhere on the Services.
- Use of the Services
- Disputes; Arbitration
- Prohibited Activities
- Supplier Rules and Restrictions
- Orbitz Bargain Fares
- Prepaid Hotels
- Pay Now or Pay Later Details
- International Travel
- Bank and Credit Card Fees
- Limitation of Liability
- Links To Third Party Sites
- Software Available on the Site
- Currency Converter
- Reviews, Comments, Photos and Other Submissions
- Copyright, Trademark, and Patent Notices
- Account Termination
- Notice of Infringing Material
- Counter Notices
- Contact Information
In this document, terms that commence with a capital letter are defined in this section, in the preamble, or elsewhere in these Terms.
"Book" means to reserve.
"Corporate Affiliate" means all entities that Orbitz Worldwide, LLC controls, is controlled by or is under common control with.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Services, including Marks.
"Exclusive" offers are exclusive to Orbitz and its affiliated companies.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an individual who has registered with the Services. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Services.
"Orbitz" or "we" means Orbitz Worldwide, LLC, and its subsidiaries and Corporate Affiliates, including Travelscape, LLC.
"Services" means the Web sites, mobile applications, call center agents, and other products and services provided by Orbitz, including any Content.
"Supplier" means Orbitz's licensors, suppliers, information providers, and travel and leisure service providers.
"Travel Services" means the airline travel, hotel accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, and other items available through the Services.
"Website" means www.orbitz.com, the mobile website and any mobile application.
The terms "Services," "Marks," "Content," and "Travel Services" do not include the sites, applications, marks, content, products or services that are provided by third parties, and that are available through a link from the Services. Their use is subject to the terms set forth by their respective owners or operations.
As a condition of your use of the Services, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will use the Services in accordance with these Terms;
- you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- you will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you to the Services is true, accurate, current and complete; and
- if you have an orbitz.com 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 access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
Please read this Section carefully. It requires that any and all claims be resolved by binding arbitration or in small claims court, and it prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including without limitation, the United States. If you are outside the United States but attempt to bring a claim in the United States, arbitration is required for determination of the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and notification and prohibition on class actions or representative proceedings provided below still apply to the extent enforceable by law.
We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Support team; and, if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or, for arbitrations outside of the United States, an agreed upon arbitral tribunal. You and us each retain the right to seek relief in small claims court as an alternative to arbitration.
Agreement to arbitrate (“Arbitration Agreement”)
You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Statement, any services or products provided by us or any of our subsidiaries, Travel Providers, or companies offering products or services through us, any dealings with our Traveler Support agents, or any representations made by us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Travel Providers, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.
Small claims court matters
Notwithstanding the foregoing arbitration provisions, either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. Further, if the claims asserted in any demand for arbitration is within the small claims court’s jurisdictional limit, then either you or us may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accord with the AAA rules, by notifying the other party of that election in writing.
No class actions or representative proceedings
You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.
Arbitration rules and governing law
This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of Washington, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.
Mandatory pre-arbitration dispute resolution and notification
Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.
You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Legal Department/Dispute Resolution Provision, Expedia, Inc., 1111 Expedia Group Way West, Seattle, WA, 98119.
The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.
If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.
A party initiating an arbitration against us must send the written Demand for Arbitration to Legal Department/Dispute Resolution Provision, Expedia, Inc., 1111 Expedia Group Way West, Seattle, WA, 98119 concurrent with filing the Demand with AAA.
Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.
Attorneys’ fees and costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Severability and survival
If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.
Traveler support and the handling of complaints
For answers to your questions or ways to contact us, visit our support page here. Or you can write to us at:
Attn: Traveler Support
1111 Expedia Group Way W.
Seattle, WA 98119
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. 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 otherwise 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:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- 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;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- 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
- "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, Orbitz may cancel any travel or service reservations associated with your name, email address or account, and close any associated Orbitz accounts. If you have conducted any fraudulent activity, Orbitz reserves the right to take any necessary legal action and you may be liable for monetary losses to Orbitz, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Orbitz Customer Service.
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these 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 of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. 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. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (booking two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (booking tickets including segments which the booker does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the booker's credit card, additional charges collected at the airport, or future invoicing.
Orbitz may offer you 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 you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight.
Prices and fees for some low-cost flights originating overseas, or additional baggage fees for certain airlines, may be in another currency (e.g. EUR), for which we will provide an estimate in the default currency of this Website, or selected preferred currency (if applicable). As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
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 reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Orbitz is not liable for any costs incurred due to hotel relocation.
When available, Orbitz may offer additional, discounted airfare ticket options on the Website. These airfares, called Orbitz Bargain Fares, are different from other airfares offered on the Website in several important ways. We negotiate these special fares directly with the airline. The name of the airline carrier is not shown until after payment has been made for the ticket.
Generally, these tickets are subject to certain limitations, including no upgrades, no eligibility to fly standby on other flights, and no opportunity to earn frequent flyer miles. All Orbitz Bargain Fares tickets 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 ticket. Orbitz Bargain Fares are not eligible for Orbucks rewards.
You acknowledge that Orbitz pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that Orbitz provides 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 Orbitz and the facilitation fee retained by Orbitz for our Services. For some prepaid hotel reservations, a Corporate Affiliate of Orbitz, such as Travelscape, may be the facilitator of your room reservation and also the merchant of record for your prepaid hotel reservation. You authorize Orbitz to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus any tax recovery charges, service fees, and where applicable, taxes on Orbitz's Services. You agree that your credit card will be charged by Orbitz for the total reservation price. Upon submitting your reservation request you authorize Orbitz 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, Orbitz does 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 Orbitz pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Orbitz for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Orbitz does not act as a co-vendor 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 Orbitz to the 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 Orbitz for our Services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, 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 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 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 (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our Services may vary depending on the rates in effect at the time of your hotel stay.
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 Orbitz's group travel specialists by phone at (800) 916-3290 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.
Some Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Orbitz for your hotel booking.
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, Orbitz will charge the amount to your credit card in US dollars 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. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Orbitz coupons may only be applied to "Pay Online Now" bookings.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Orbitz has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
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.
Disinsection: 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 RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, ORBITZ DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Some banks and credit card companies 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 Orbitz 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.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Orbitz does 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 and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.) In addition, Orbitz expressly reserves the right to correct any pricing errors on our Website and/or 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 Orbitz does not guarantee the accuracy of the ratings. Orbitz and its Suppliers make no guarantees about the availability of specific products and services. Orbitz and its Suppliers may make improvements and/or changes on the Website at any time.
Orbitz and its 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 Orbitz. All such information, software products, and services are provided "as is" without warranty of any kind. Orbitz and its Suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Orbitz and/or its respective suppliers are free of viruses or other harmful components. Orbitz and its 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 response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Orbitz. Orbitz is 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 there from. Orbitz has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Orbitz and/or its 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 the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing in these Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Orbitz and/or its Suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Orbitz or its 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 Orbitz and its respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Orbitz in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$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 is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Orbitz and/or its respective suppliers.
You agree to defend and indemnify Orbitz and/or its 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:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of the Services.
This Website may contain hyperlinks to websites operated by parties other than Orbitz. 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. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Any software that we make available to download from this Website ("Software") or through your mobile application store, including the Orbitz mobile application (the "Mobile Application") is the copyrighted work of Orbitz and/or our respective suppliers. Your use of such 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 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, nontransferable license to download, install and use the Software and/or the 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 and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Orbitz and/or its 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.
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 Orbitz and/or its 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 authorize 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.
We appreciate hearing from you. Please be aware that by submitting content to this Website 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 Orbitz and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Orbitz Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable 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 Orbitz 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 Orbitz the right to pursue at law any person or entity that violates your or Orbitz' rights in the Submissions by a breach of these Terms. 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 Orbitz 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 agree to these Terms, 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 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 Website. You acknowledge that Orbitz may exercise its rights (e.g. use, publish, delete) to 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 hotel reviews (e.g. discount coupon/entry into prize draws etc.)As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
All photos submitted are subject to our Photo Submission Guidelines below.
Orbitz claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Orbitz’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Orbitz does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.
PHOTO SUBMISSION GUIDELINES
Any photos you submit must be:
On topic - All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
Community/family friendly -
-Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
-Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
-Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
-Children under 13 may not submit photos or other materials.
Original - You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
Non-commercial - Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
No harmful files - Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Orbitz and/or those using it.
ORBITZ and all other Marks that appear, are displayed, or used on the Services are registered or common law trademarks or service marks of Orbitz and its Suppliers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Orbitz or the relevant Provider, except as an integral party of any authorized copy of the Content. If you are aware of an infringement of our brand, please let us know by faxing us at (425) 679-7251, Attn: IP/Trademark Legal Dept.
Associated Press Copyright Notice
Associated Press ("AP") text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the user of the Services or to any third party or to any other person who may receive information in the Services or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental, and institutional users may use portions of the Service for internal printed communications and memoranda.
iJET Travel Intelligence Copyright Notice
iJET content is the intellectual property of iJET Travel Intelligence, Inc. Any copying, republication or redistribution of iJET content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of iJET. iJET shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. iJET, the iJET Logo, Travel Intelligence, Worldcue and the Worldcue Logo are registered trademarks of iJET Travel Intelligence, Inc. For additional information on iJET and our Worldcue Services to protect and assist travelers, please visit the iJET public Website www.ijet.com.
One or more patents owned by Orbitz or one of its corporate affiliates 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.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Orbitz has adopted a policy of terminating, in appropriate circumstances and at Orbitz's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Orbitz 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.
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.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- 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."
- 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."
- 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 Copyright@Orbitz.com, by fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
- Identification of the specific content that was removed or disabled and the location that content appeared on Orbitz’s Website. Please provide the URL address if possible.
- Your name, mailing address, telephone number and email address.
- 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 Orbitz may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- 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:
Attn: IP/Trademark Legal Dept., DMCA Complaints
1111 Expedia Group Way W.
Seattle, WA 98119
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints.
OpenStreetMap geo data used in mapping is (c) OpenStreetMap contributors and available under the Open Database License (ODbL).
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Orbitz as a result of these Terms or use of the Services.
Our performance is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
If any part of these Terms 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. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Orbitz with respect to the Services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings 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 on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Seller of Travel:
Orbitz is a registered seller of travel in each of the states listed below:
*California: CST 2063530-50
*REGISTRATION AS A SELLER OF TRAVEL DOES NOT CONSTITUTE APPROVAL BY THE STATE OF CALIFORNIA. CALIFORNIA LAW REQUIRES CERTAIN SELLERS OF TRAVEL TO HAVE A TRUST ACCOUNT OR BOND. ORBITZ HAS A BOND ISSUED BY ZURICH NORTH AMERICA IN THE AMOUNT OF $50,000. ORBITZ IS NOT A PARTICIPANT IN THE TRAVEL CONSUMER RESTITUTION FUND (TCRF).
For any question related to refunds, please contact Orbitz Customer Service at 1-888-656-4546 (within the United States) or 312-416-0018 (outside the United States).
**STATE OF NEVADA RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in the State of Nevada for the booking of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the NEVADA CONSUMER AFFAIRS DIVISION OF THE DEPARTMENT OF BUSINESS AND INDUSTRY AT THE FOLLOWING LOCATIONS:
1850 East Sahara Avenue, Suite 101
Las Vegas, Nevada 89104
4600 Kietzke Lane, Building B, Suite 113
Reno, Nevada 89502
New York State Tax Registration:
Our New York sales tax vendor registration number through Orbitz’s Corporate Affiliate, Travelscape LLC, is 880392667 and New York City hotel occupancy tax registration number through Travelscape LLC is 033960.
Please click here for additional information:
New York State Certificate of Authority
New York City Certificate of Authority
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Services or the services offered by Orbitz, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them. E-mail: email@example.com
Customer Service, Orbitz, LLC
500 West Madison
Street, Suite 1000
Chicago, IL 60661
1-844-ORBITZ-4 (844-672-4894) (within the United States)
1-312-279-7777 (outside the United States)