Egencia LLC Website Terms, Conditions, and Notices
Welcome to the Egencia LLC website (the "Website"). This Website is provided solely to assist companies who subscribe the Egencia service (each, a "Company") to manage their business travel needs, including gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations for themselves or on behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
The terms "we", "us", "our", and "Egencia" refer to Egencia LLC, a Nevada Limited Liability Company, and/or its corporate affiliates. The term "you" refers to any employee of a Company visiting the Website, booking a reservation through this Website, and/or booking a reservation through Egencia agents.
USE OF THE WEBSITE
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 or to your Company, those suppliers with whom your Company may have contracted directly with for travel services. While you may make limited copies of your travel itinerary (and related documents) for travel or services 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:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) 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;
(iv) 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;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) 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
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.return to top
SUPPLIER RULES AND RESTRICTIONS
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. 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. 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.return to top
CORPORATE TRAVEL POLICIES
Your Company may provide Egencia LLC with its applicable travel policies ("Corporate Travel Policies"). We will assist your Company to apply the terms and conditions of its Corporate Travel Policies when transacting business with you. If you have any questions regarding the rules and regulations of your Corporate Travel Policy, please contact your Company directly for clarification.return to top
PREPAID HOTEL RESERVATIONS
You acknowledge that Egencia LLC, its parent company Expedia, Inc., and their respective corporate affiliates (collectively, the "Expedia Companies") pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Expedia Companies provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Expedia Companies and the facilitation fee retained by us for our services. You authorize the Expedia Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees and where applicable, taxes on our services. You agree that your credit card will be charged by us for the total reservation price. Upon submitting your reservation request you authorize the Expedia Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that are paid to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice us for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Expedia Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us 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 must make refund requests for no-shows or early checkouts within 60 days after checkout.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges as described above are collected to cover the taxes due on the rent received by the hotel supplier for the room and there is no local hotel occupancy tax on our services. The actual tax amounts paid by us to taxing authorities on our services may vary from the tax amounts charged depending upon the rates, taxability, etc. in effect at the time of the actual use of hotel by our customers.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Egencia LLC urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
Please click here to obtain information on passport requirements and travel documentation requirements: Passport Requirements / Egencia
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.htmBY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, EGENCIA LLC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. return to top
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, THE EXPEDIA COMPANIES AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "EGENCIA AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, EGENCIA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE EXPEDIA COMPANIES AND THE EGENCIA AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE EXPEDIA COMPANIES OR THE EGENCIA AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE EXPEDIA COMPANIES, OR THE EGENCIA AFFILIATES. THE EXPEDIA COMPANIES AND THE EGENCIA AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE EXPEDIA COMPANIES AND THE EGENCIA AFFILIATES HAVE 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 EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE EXPEDIA COMPANIES, THE EGENCIA AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, the Expedia Companies, the Egencia Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Expedia Companies, the Egencia Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the transaction fees you paid to Egencia LLC 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 the Expedia Companies, the Egencia Affiliates, and/or their respective suppliers.return to top
You agree to defend and indemnify the Expedia Companies, the Egencia Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.return to top
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Egencia LLC. 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.return to top
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of Egencia LLC, Egencia Affiliates, 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, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions 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 the Expedia Companies, Egencia Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. return to top
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Expedia Companies, the Egencia Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not 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.return to top
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2013 Egencia, LLC. All rights reserved. Egencia LLC is not responsible for content on websites operated by parties other than Egencia LLC. Egencia, Dataminder and the Egencia Bird logo are either registered trademarks or trademarks of Expedia, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org . We only address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT INFRINGEMENT & COUNTER-NOTIFICATION
Egencia respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn't properly filled out or if the complaint is incomplete:
1.A clear identification of the copyrighted work you claim was infringed.
2.A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3.Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5.A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6.The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to email@example.com for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. fair use doctrine.
For any additional questions regarding the DMCA process for Egencia, please contact us at (425) 679-3752.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Egencia has adopted a policy of terminating, in appropriate circumstances and at Egencia’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Egencia may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Egencia does not tolerate false claims of copyright infringement. If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.
To expedite our ability to process your counter notification, please send us your notification using the following format:
1. Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Egencia’s site. Please provide the URL address if possible
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Expedia, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent
3.Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.
4. Sign the paper
5.Send the written communication to the following address:
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA ComplaintsFor any additional questions regarding the DMCA process for Egencia, please contact us at (425) 679-3752. return to top
One or more U.S. or foreign patents owned by Expedia, Inc. or Expedia Companies apply to this site and to the features and services accessible via the site, including without limitation United States Patent Numbers: 6,826,543; 6,990,457; 7,272,568; and 7,415,419. In addition, portions of this site operate under license of one or more patents.return to top
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
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
Egencia LLC is a registered seller of travel in each of the states listed below:
- California registration number: 2083922-50
- Florida registration number: ST-36669
- Hawaii registration number: TAR-5461
- Iowa registration number: 864
- Nevada registration number: 2007-0015
- Washington registration number: 602-416-188
Registration as a seller of travel in California does not constitute the state's approval.
NEW YORK STATE TAX REGISTRATION
Egencia LLC's New York sales tax vendor registration number is 020629848 and its New York City hotel occupancy tax registration number is 033972.
For quick answers to your questions or ways to contact us, visit our Traveler Center. Or, you can write to us at:
Attn: Egencia LLC
333 108th Avenue NE
Bellevue, WA 98004
Revised February 28, 2013
©2013 Expedia, Inc. All rights reserved.