These Terms and Conditions contain important terms affecting your rights and you should read them carefully. Your attention is drawn to the following terms in particular:
Introduction: Airport Rental Cars and Priceline reserve the right to amend, modify or alter this Agreement at any time;
Part I, B (Disclaimer of Warranties): this clause specifies that Priceline makes no representation as to the appropriateness of the goods or services for your intended use or otherwise.
Part I, C (Limitation of Liability): Priceline’s liability is generally excluded and otherwise limited to reperforming the services.
Part I, D (Indemnification): you provided a number of indemnities to Priceline, including in the Privacy Policy for the actions of Third Party’s you represent.
Part I, F (Copyright): You are granting Priceline a royalty free license to use any User Submission, and Priceline can use these submissions without compensation.
Airport Rental Cars has engaged Priceline.com LLC OR Priceline Partner Solutions (for this Agreement, individually and together with Airport Rental Cars, “Priceline” or “we”) to provide you a single source for your travel service needs. These terms and conditions (the “Agreement”) govern your use of travel services provided by Airport Rental Cars and this web site (the “Site”). This Site, along with our mobile sites, is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site, including your responsibilities and, among other things, limits the liability of Airport Rental Cars and Priceline.
BEFORE using any of the services on the Site, please read this Agreement carefully. By accessing any area of this Site, users ("users" or "you") agree to be legally bound without limitation, qualification, or change and to abide by these Terms and Conditions. You should also read our Privacy Policy, which governs your use of this Site and is referenced in this Agreement. If you do not agree with any part of this Agreement, you must discontinue use of this Site. Priceline reserves the right, in its sole discretion, to amend or modify this Agreement at any time by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or participate in sweepstakes or other promotions available through our website.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN PRICELINE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Table of Contents
Arbitration and Dispute Resolution
Disclaimer of Warranties
General Limitation of Liability
Indemnification and Chargebacks
Trademark and Copyright Notice
PART II: Acceptable Use of the Site
PART III: User Rights and Responsibilities
General
Airlines
Hotels
Rental Cars
Cruises
Vacation Package
PART V: Miscellaneous and Registrations
1. Legal Action
Arbitration and Dispute Resolution
Disputes and Arbitration
Priceline is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.
You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the Priceline Site and/or any of its related applications or services; any dealings with Priceline, including with our marketing and customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by Priceline; or our Privacy Policy (collectively, “Claims”) by providing Notice to Customer Support. Unless prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or small claims court, as set forth below.
This Agreement shall be governed by the laws of the State of Connecticut, United States of America, without regard to conflict of laws. All Claims or other matters in dispute between you or any Third-party and Priceline, its subsidiaries or affiliates, or any Travel Service Providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Connecticut, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.Mandatory Arbitration
Please read this provision carefully. It requires that any and all claims must 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. These limitations apply to any claims against Priceline, its subsidiaries or affiliates, any Travel Service Providers or companies offering products or services through the Site.
In arbitration, a dispute is resolved by an arbitrator instead of a judge or jury. The arbitrator's decision will generally be final and binding, with no right of appeal. Arbitration procedures are simpler and more limited than court procedures.By using this Site, you, any Third-party, and Priceline agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by AAA (“Rules and Procedures”), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person's claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons).
As an exception to arbitration, you, any Third-party, and Priceline retain the right to pursue in a small claims court located in the federal judicial district that includes you or the Third-party’s billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against Priceline, its subsidiaries or affiliates, or any Travel Service Providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute ("Notice") addressed to: Legal Department, priceline.com LLC, 800 Connecticut Avenue, Norwalk, CT 06854 ("Notice Address"). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If Priceline and you, or Priceline and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or Priceline is entitled.
The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon.
To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the United States District Court for Connecticut or, if there is no federal jurisdiction over the action, in the courts of the State of Connecticut located in Fairfield County, Connecticut. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.e below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of the State of Connecticut, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
You and any Third-party further agree that no proceeding against Priceline, its affiliates, or any Travel Service Providers or companies offering products or services through the Site (under this provision or otherwise) may proceed as a class action, be joined with another person’s claim, or proceed on a basis involving claims brought in a purported representative capacity (either on behalf of the general public or other users or persons). Any and all proceedings to resolve claims will be conducted only on an individual basis. In addition, no arbitration proceeding under this provision shall be consolidated or joined in any way with any other arbitration proceeding without the express written consent of all parties.
For any arbitration initiated pursuant to this Agreement involving Claims that together seek damages that do not exceed $25,000, Priceline will reimburse you for all fees and costs imposed by AAA. If you are unable to pay the filing fee, Priceline will pay it for you. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against Priceline, Priceline will reimburse such prevailing party for any fees or costs the prevailing party paid to AAA in connection with the arbitration.
If you prevail in the arbitration of any Claim against Priceline and are awarded an amount greater than Priceline’s last written settlement offer to you, Priceline will pay a minimum recovery of $5,000. If you prevail in the arbitration, the arbitator may award you statutory damages and/or your reasonable attorney fees’ and expenses, to the extent that the arbitrator believes them to be necessary or mandated by law. If any Third-party prevails in the arbitration of any Claim against Priceline and is awarded an amount greater than Priceline’s last written settlement offer to such Third-party, Priceline will pay a minimum recovery of $5,000 to the Third-party. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to Priceline’s last written settlement offer to you, Priceline will pay only the amount of the award, not the minimum recovery.
Notwithstanding any other provision of law or any of the Rules and Procedures established by AAA which may be to the contrary, Priceline will not be entitled to seek reimbursement of its attorney’s fees for any Claim the arbitrator finds to be non-frivolous.
With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor Priceline shall be entitled to arbitrate their dispute.
Arbitration rules and forms may be obtained from AAA at https://www.adr.org or by calling AAA at 1-800-778-7879.
If you or any Third-party do not choose to accept this binding arbitration provision, you or such third-party must notify Priceline in writing by certified mail within thirty (30) days of your purchase or before you begin to use the services purchased on this Site, whichever date is sooner. Such notice shall be sent to the notice address defined in subsection (b), above. If you so notify us by that time that you do not accept the binding arbitration provision, you and any such third-party may not continue to purchase services or products on this Site unless and until Priceline notifies you or such third-party otherwise. Priceline shall have the right to prohibit your and such Third-party’s future purchase of services or products on this Site.
Credit Card Chargebacks
You, the User, have the ability to dispute charges with credit card companies (“chargebacks”). If you have a question about a charge on your credit card statement, we encourage you to call Priceline prior to disputing a charge with your credit card company to discuss any questions or concerns about our charges with us. Priceline will work with you in resolving your concerns. Priceline retains the right to dispute any chargeback that it believes is improper, as described more fully below. Priceline also retains the right to cancel any travel reservation in the event of a chargeback related to that reservation.
By using our service to make a reservation with a Supplier, you accept and agree to the relevant cancellation policy of that Supplier. In all cases, the cancellation policy of each reservation is made available on our website. Please note that certain rates or special offers are not eligible for cancellation or change. Priceline deems the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims and to recover costs of such chargeback claims from You, the User.Chargebacks resulting from non-cancellable reservations in the event that Priceline or the Supplier cannot provide a refund, whether or not the reservation is used.
Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
Chargebacks arising from the Supplier’s failure to deliver a product or service in a manner that’s consistent with the Supplier’s product description.
Chargebacks resulting from force majeure or other circumstances that are beyond the control of Priceline.com or its subsidiaries.
Disclaimer of Warranties
All content, information and inventory contained within or available through this Site are provided to you on an "as is," basis. Priceline makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the information, content, inventory or materials included on this Site. To the fullest extent permissible, Priceline disclaims all representations and warranties, including, but not limited to, the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Priceline does not warrant or make any representations that this Site will operate error-free or uninterrupted, that defects will be corrected, or that this Site and/or its servers will be free of viruses and/or other harmful components. Priceline does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Site for any purpose, including software, products, services, information, text and related graphics content.
Without limiting the foregoing, no warranty or guarantee is made (i) regarding the acceptance of any request, (ii) that a user will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, or (iv) regarding the results that may be obtained from the use of this Site.General Limitation of Liability
To the extent permitted by law, in no event shall Priceline, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents (collectively the "Covered Parties"), be liable to any person or entity for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, other than as awarded by an arbitrator during a AAA arbitration pursuant to the procedure set forth in Section 1(A) above, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics obtained through the site; (vi) any transactions entered into through this Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this site or any Site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site, any delay or inability to use the site, or any information, products, or services obtained through the Site. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages.
The Travel Service Providers are independent contractors and not agents or employees of the Covered Parties. To the extent permitted by law, the Covered Parties do not assume liability or for any injury, damage, death, loss, accident or delay due to an act or omission of a Travel Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control.
No Covered Party shall be responsible for any Travel Service Provider's breach of warranty, nor for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Travel Service Provider's failure to comply with this Agreement or with applicable federal, state, provincial and local law.
To the extent not prohibited by law, if, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, user agrees the liability of any such party shall in no event exceed the total charge to the user assessed by Priceline for making a Request.Indemnification
You agree to defend and indemnify Priceline and the Covered Parties 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 (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:your breach of this Agreement
your violation of any law or the rights of a third party; or
your use of this Site in violation of this Agreement.
Copyright and Trademark Notices
The content on this Site is protected under United States and international laws, including trademark and copyright laws. The content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, lodging star rating system, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of “Content”), are proprietary to and owned by Priceline, its corporate affiliates, and/or the Travel Service Providers. Some trademarks, service marks and other company designations on the Site may belong to third parties or Travel Service Providers and are used on the Site under license or for identification purposes only. The use of marks on the Site that belong to third parties, and the availability on the Site of goods or services from such third parties, should not be construed as an affiliation, endorsement or sponsorship of this Site and its services by any such third party.
The Content includes, but is not limited to, all trademarks and service marks, and registered trademarks and service marks, owned by .Claims of Copyright Infringement
Priceline respects the intellectual property rights of others and asks that you do the same. If you believe in good faith that material or content on the Site infringes your copyrighted work, you (or your agent) may send us a written notice under the Digital Millennium Copyright Act that includes the following information:A clear identification of the copyrighted work that you claim has been infringed.
A clear identification of the material you claim infringes the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
A statement that you have a "good faith belief that use of the material in the manner complained of 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."
The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement notifications can be sent to priceline.com by email, mail, or facsimile as follows:
priceline.com LLC
Attn: IP Counsel
800 Connecticut Avenue
Norwalk, CT 06854
legal@priceline.com
Facsimile: (203) 299-8917
We will not process your notice if it is incomplete. Priceline.com reserves the right to remove content on the Site alleged to be infringing without prior notice, at its sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.
2. Acceptable Use of the Website
You must be at least 18 years of age to be eligible to purchase, cancel or modify any services available through Priceline. Accessing materials on this Site by certain persons in certain countries may not be lawful.
Priceline grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a "Request"). By using a credit card to secure a travel Request through this Site, you represent and warrant that you have the authority to use that credit card for the Request. You agree to provide correct and true information in connection with your use of this Site. It is a violation of law to place a Request in a false name or with an invalid method of payment. Priceline reserves the right to cancel any airline, hotel or rental car reservation or any other transaction that it reasonably believes to have been fraudulently made, including by unauthorized use of a credit or debit card.
Your use of and access to the Site does not grant you any license or right to use any of the Content on the Site. Any rights or licenses not expressly granted herein are reserved. It is expressly prohibited for you to use, transmit, copy, reproduce, download, print, modify, display, “frame”, “mirror”, publish, create derivative works from, transfer or sell the Content or any part of the Site without authorization from priceline.com. You may copy, print, and/or download your travel, transportation and lodging reservations and itineraries from the Site for personal use.
Without limiting the above, and whether or not you have a commercial purpose, you agree not to:
use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand;
access, monitor, copy, or reproduce any Content of this Site using any robot, spider, scraper or other automated means or manual process for any purpose without express written permission of priceline.com;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
submit, post, transmit, upload or deliver any unlawful content, information or comments to or through this Site;
submit, post, transmit, deliver, upload or provide links to, any content containing material that could be considered harmful, harassing, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, tortuous, defamatory, false, hateful or otherwise objectionable;
submit, post, transmit, upload or deliver any content, information or comments to this Site that infringe or violate the intellectual property of others including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, and/or rights to privacy or publicity;
submit, post, transmit, upload or deliver any content or information that you do not have a right to make available under law or contractual or fiduciary relationships;
manipulate identifiers, including by forging headers, in order to disguise the origin of any content or information that you post, transmit or deliver;
use this Site in any manner which could damage, disable, overburden, impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
attempt to gain unauthorized access to this Site, any related website, Content, accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
obtain or attempt to obtain any Content through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
3. User Rights and Responsibilities
Privacy Policy
Your privacy is very important to us. Please read our Privacy Policy, which governs your use of this Site. By using this Site, you agree that the terms of this policy are reasonable and satisfactory to you. You consent to the use of your personal information by priceline.com and/or its Travel Service Providers in accordance with the terms of this Privacy Policy and the terms of our Travel Service Providers' privacy policies. Priceline.com will not be responsible for any damages resulting from a lapse in compliance with the Privacy Policy.
Accounts, Security, Passwords
You may register to use this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Priceline immediately of any unauthorized use of your account. Priceline is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Third Parties
If you use this Site to submit Requests for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use (for example, the billing address and phone number of the credit card holder). In addition, you must inform the Third-party of all Terms and Conditions applicable. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.
No Agency Relationship
Priceline does not agree to act as your agent or fiduciary in providing services through the Site.
Modification/Termination of Usage
Priceline solely reserves the right to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, account password, or use of the Site, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. The presence of a link to a third-party site does not constitute or imply Priceline’s endorsement or recommendation of the third-party, or of its content, products or services. If you choose to access any third-party site, you do so at your own risk.
User Comments, Feedback, and Other Submissions
Certain portions of the Site may permit you to submit, post, transmit or upload content created by you, such as photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social media networks (including priceline.com branded Facebook, Twitter, Instagram or similar channel) and discussion forums, and/or communications with other Site users (“User Submissions”). User Submissions also include content you post on your own social media pages that you give Priceline permission to use; or example, by your posting of a hashtag that Priceline is promoting or by any other indication of your acceptance of this Agreement.
User Submissions must comply with Section II of this Agreement. In addition, you agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret, or otherwise subject to any other proprietary rights (including, without limitation, trademark rights or privacy and publicity rights) unless you are the owner of such rights or have express permission from the owner to post such material; (b) includes any material that, infringes upon, misappropriates, or violates the rights of any person or entity, or violates any applicable laws; (c) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, indecent, violent, abusive, profane, false, hateful, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods, or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers, and/or addresses; or (g) could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submission to Priceline via the Site, social media, or otherwise, whether solicited or unsolicited, you agree that you are granting Priceline a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, copy, reproduce, broadcast, publish, print, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submission for any purpose, including, without limitation, for advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. Subject to the terms of its Privacy Policy, Priceline shall also have the right, but not the obligation, to Use your username, real name, image, likeness, caption, location information, and/or other identifying information in connection with the Use of User Submissions.
You represent and warrant that the Use of the User Submission by Priceline will not infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity, or violate any applicable law. You agree to obtain all necessary rights for the Use by Priceline of User Submission, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in a User Submission.
Priceline reserves the right to monitor, review, alter, edit, refuse to post, or remove any User Submission. You agree that Priceline does not have any obligation to use or respond to any User Submission. Priceline has no control over whether User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Priceline expressly disclaims any and all responsibility for User Submissions.
Priceline will fully cooperate with any law enforcement authorities or court order requesting or directing Priceline to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. Priceline may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Priceline, it’s customers, the Covered Parties, or the public.
By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by Priceline or its agents for sending commercial marketing and communication emails to you. Priceline may also share any such personal data with third parties for the purpose of commercial marketing and communications. You hereby consent to such use. You have the right to access, modify and request the destruction of your personal data at any time by sending a request to Priceline; and you have the right to opt out from receiving such marketing and communication at any time by sending a message to Priceline.
You agree to defend and indemnify Priceline and any Covered Parties that are involved in creating, sponsoring, promoting, or otherwise making available the Site and its Content 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) that result from any User Submission that you made or any Use of a User Submission by Priceline.
4. Travel Services
General
Pricing
Priceline endeavors to publish and maintain accurate prices and information for its services. Travel service providers provide us with the price, availability and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from travel service providers, we retain the right to refuse or cancel any Requests placed for such service, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect car provider information, we will promptly issue a credit to your credit card account in the amount of the charge.Travel Service Providers
You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by Priceline, including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Priceline debiting your account for any costs Priceline incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, which arises out of or is in any way connected with the performance or non-performance of any Travel Service Provider. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.
At Priceline, we have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the Travel Service Provider directly.
Bookings Through Foreign Sister Companies
Certain reservations are facilitated by Priceline through its foreign sister companies. These foreign affiliates include Agoda Company Pte Ltd. (Agoda.com), headquartered in Bangkok, Thailand, Booking.com B.V. (Booking.com), headquartered in Amsterdam, the Netherlands, and TravelJigsaw Limited (rentalcars.com), headquartered in Manchester, United Kingdom.Currency and Exchange Rates
Purchases made on our Site are transacted in different currencies, depending on the user's IP address and/or the currency that the user selects. You will be charged in the currency shown upon checkout in the Summary of Charges. If you make a purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.
Rental Cars
General
Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle. For retail rental car reservations, Priceline is not the merchant of record and does not charge your credit card. Actual prices may vary depending on special requests and items purchased at the counter. Pricing may change if you pick-up, or drop-off the car at a different date, time or location than you requested in your reservation or for other reasons at the discretion of the rental car company. While you may request child seats and other special requests, the requests are not guaranteed and are provided at the discretion of the rental car company. At the time of pick up, the driver will be required to present a valid driver's license, and a valid credit card in his/her name. Some locations also accept debit cards; however, rental partners have different requirements for customers who will only have a debit card at the time of pickup. While our rental car partners strive to honor your request for car type (economy, full size, SUV etc.), your requested car type is not guaranteed to be available. Specific cars, makes and models are not guaranteed and listed car makes and model are for example only. Car fleet information including capacities is based on the latest information provided to us by the supplier and is subject to change.Charges for Taxes and Service Fees
In connection with facilitating your retail rental car transaction, we will attempt to provide you, when the information is available, with a breakdown of the estimated taxes, fees and surcharges that may apply to your transaction. We will not charge you for these taxes, fees and surcharges, but the car rental supplier will.
5. Miscellaneous and Registrations
In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Travel Service Disclosures Priceline Partner Solutions Limited is a wholly owned subsidiary of Priceline.com LLC(“Priceline”), who maintains the aforementioned travel service licenses and registrations. Priceline.com is a registered seller of travel in each of the following states:
California Registration No. CST 2040530-50.
Florida Registration No. ST-32150.
Washington Registration No. 602 257 258.
Alaska Registration No. 280316.
Iowa Registration No. 624.
Hawaii Registration No. TAR 5946.
Registration as a Seller of Travel in California does not constitute the state’s approval.
Click here to see New York City Dept of Finance Certificate of Authority occupancy tax form.