TERMS & CONDITIONS

Last updated: October 15, 2020


GENERAL CONDITIONS

Your use of this website is subject to the terms and conditions as set out, and may be amended from time to time by us. Such amended Terms and Conditions ("Terms and Conditions") shall be effective upon posting on rbookm.com website (“Website”) . Please read these Terms and Conditions of use before using Website. If you do NOT agree to all these Terms and Conditions, you should NOT use this Website.
Your use of this website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. Use of this web site is prohibited unless you agree to these Terms and Conditions.
This website is the property of RoomBook.

Due to the nature of the software and the Internet, no guarantee is given of uninterrupted or error free access to or running of this website or the information- transactions conducted through it. RoomBook shall not be liable for any failure in processing your details due to software or Internet errors or unavailability, or circumstances beyond its reasonable control.
RoomBook makes no warranty that this site is free from errors, defects or viruses. Whilst RoomBook have no obligation to update this site, we will use all reasonable efforts to ensure that the information published on this website is complete, accurate and up-to-date, but representations or warranties are made (express or implied) as to the accuracy or completeness of such information.
RoomBook cannot accept any responsibility (to the extent permitted by law) for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on this website or any other website to which it may be linked.

The Website may contain links to websites operated by third parties. Such links are provided for your convenience only and we have no control over their individual content. RoomBook therefore makes no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites nor as to the suitability or quality of any of their products or services.
The information contained in this website might include mistakes in transcription, translation, and / or misprints of some other type, computer breakdowns, operability, and / or other similar matters and no liability shall be accepted for them.

BOOKING AND PAYMENT

Bookings and saleas are allowed only exclusively through travel agencies.
Prices are converted into EUR and USD, based on the current exchange rate, for those located outside the EUR and USD zones.
To Confirm the booking you have to paid the 100% of the reserve. Once your on request reservation has been confirmed the deadline payment is three days. Then you have to paid the 100% amount.

The client / user shall be liable for the authenticity of the information provided to the system for carrying out the booking and specifically for the veracity of the credit card data.

The client / user shall be liable for the email address and / or other forms of contact and for all intents and purposes shall be accepted as correct for any type of notification.

The client / user authorizes the establishment/s of their choice to charge their credit card total of the booking and / or the cancellation and / or modification expenses, if applicable, as stated in the terms published on this website.

Before confirming the final booking and proceeding with your payment, make sure you have chosen exactly what you want because the services to be received shall exclusively be those appearing in the confirmation. It might be impossible to modify them afterwards.
Any modification and / or cancellation of your booking must be made via the system through the localizer stated on your service voucher.

The failure of a client to arrive for a booking is regarded as a serious breech of the contract by contracting RoomBook as it damages the interest and image of the travel agency. A client cannot be refunded any costs for "no show" or "non appearance" without previous consultation and authorisation from RoomBook.

The booking contract shall be understood as taking effect between the client and the establishment chosen, and CLIENTWEBSITE shall act simply as a marketing platform and not provide any hotel services, guides, receptive agents, etc. whatsoever.
Confirmation of your automatic system-made booking is subject to the collection of your credit card payment charged by the hotel and, if this is not possible, the booking may be cancelled at any moment, following an email notification sent to the address you provided.

Booking cancellation costs might arise depending on the conditions imposed by each establishment.
When confirming the booking, you will be requested to accept these general conditions, which shall be understood as the only ones valid and any booking and / or its modification shall be subject to them.

Suppliers reservations are regulated with the additional conditions:

1. ADDITIONAL RESERVATION TERMS OF USE


2. ADDITIONAL AGENT TERMS OF USE

Personal information provided or collected through or in connection with this Website shall only be used in accordance with RoomBook Privacy Policy.



EPS Terms and Conditions


Last Revised On: September 10, 2018


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES

EPS TERMS AND CONDITIONS
We have tried to make these terms of use (the Terms) as easy to understand as possible by using plain English. To make it easier for you to follow, we have occasionally used definitions. When a definition is first used, you will be able to see it clearly in bold text. If we use it again in these Terms, it will appear with capital letters (unless it is a reference to we, us or our or you or your). In the Terms, the following words have the following meanings: Affiliate means any of our marketing affiliates, including those through whose site you may have made the Booking; Customer Support Agent means (i) our or one of our Group Member’s customer support providers; or (ii) our Affiliates’ customer support providers (including any persons acting on their behalf); or (iii) any persons acting as customer support providers on behalf of us or our Group Members; Booking means your making of a Hotel Reservation; Group Member means an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with us, including Travelscape LLC (a Nevada limited liability company) and Vacationspot, SL (a Spanish registered company); Hotel Reservations means the accommodation reservations, including those which are part of a package, made available by us and our Group Members from time to time; and we, us, our means EAN.com L.P, a Delaware limited partnership; you, your means the individual or corporate end customer browsing our Information or making Hotel Reservations. The Terms tell you the terms on which you may: access the information about Hotel Reservations (our Information) we and our Group Members provide to our Affiliates and Customer Support Agents about the Hotel Reservations; and complete a Booking. Please read these Terms carefully before you start to browse our Information and/or make a Booking. We recommend that you print a copy of these Terms for future reference. By browsing our Information and/or making a Booking, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Information, contact our Customer Support Agents or make any Bookings.

OTHER APPLICABLE TERMS
These Terms also refer to additional rules and restrictions, including cancellation policies of suppliers of Hotel Reservations (Rules) which may apply to your Booking. These Rules will be made available to you prior to completion of the Booking and any Booking is made subject to the Rules as set out on the booking page. Please read these Rules carefully. If you are making a Booking on behalf of any other persons, you are responsible for bringing these Rules to the attention of such persons and advising them they will be bound by the same. We retain the right, at our sole discretion, to deny access to our Information and Hotel Reservations at any time and for any reason, including, but not limited to, for breach of these Terms.

CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page and will publish the updated version online from time to time. Please check this web page each time you make a Booking to take notice of any changes we have made, as they are binding on you in relation to all matters except any Bookings made prior to the date of the last set of changes (see top right). The Terms that applied at the time you made the Booking will continue to apply to such Booking.

PURPOSE OF OUR INFORMATION
Our Information is provided solely to assist you in gathering travel information, determining the availability of Hotel Reservations, making legitimate Bookings or otherwise communicating with our Customer Support Agents. Unless we agree otherwise in writing, you may not use our Information for any other purpose.

CONDITIONS OF MAKING A BOOKING
As a condition of making a Booking, you warrant that: you are at least 18 years of age; you have the authority to create a binding legal agreement with us and the relevant Hotel Reservation supplier(s); you will only make Bookings for you or for other persons for whom you have authority to make such Bookings (Other Persons); you will advise such Other Persons about these Terms (as updated by us from time to time) and any other applicable terms that apply to a Booking; all information supplied by you (including any information supplied on behalf of Other Persons) in respect of a Booking is accurate, complete and up to date; and you will comply with our Acceptable Use Policy set out below. use our Information for any commercial purpose; make any speculative, false, or fraudulent Bookings or any Booking in anticipation of demand; access, monitor or copy any of our Information 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 our Information or bypass or circumvent other measures employed to prevent or limit access to our Information; 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 our Information (including, without limitation, the purchase path for any Travel Products) for any purpose without our express written permission; or "frame", "mirror" or otherwise incorporate any part of our Information into any other website without our prior written authorization.

ACCEPTABLE USE POLICY
When accessing our Information you agree not to:

THIRD PARTY LINKS
Our Information may contain links to other sites and resources provided by third parties. Such links are provided for your information only and do not imply any endorsement of the material contained within such sites or resources. We have no control over the contents of those sites or resources. In particular, we are not responsible for the privacy or other practices of such sites.

PAYMENT FOR YOUR BOOKING
Upon submitting your Hotel Reservation request, you authorize us or one of our Group Members to facilitate Hotel Reservations on your behalf. When you make payment for a Booking depends on whether you prepay for your Hotel Reservation (Prepaid Booking) or not, which will be notified to you prior to completion of your Booking. 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 your actual use of the Hotel Reservation. Coupons may be available but will always be subject to their own specific terms and conditions. If you wish to use a coupon, it can only be applied to Prepaid Bookings. Prepaid Bookings (“Pay Now”) Prepaid Bookings are paid for by you at the time of making the Booking. You authorise us to make the Booking for the total reservation price, which includes the Hotel Reservation rate, displayed by our Affiliate, plus any additional tax recovery charges, taxes, service fees, any applicable taxes on our services and any additional booking fee separately charged by our Affiliate. If prepayment for your Booking is required or you choose to pay at the time of Booking, the total price will be charged to your credit card by: (1) Travelscape, LLC taking such payment on behalf of one of our Group Members and/or on behalf of the provider of the Hotel Reservation, (2) the travel service provider directly, or (3) an affiliate doing business on behalf of us or our Group Member. Pay Later If prepayment for your Booking is not required, you can choose to pay at the time you use the Hotel Reservation. If you select this “pay later” option, the applicable Hotel Reservation supplier will take payment for the Hotel Reservation in the local currency at the time you use the Hotel Reservation. Additional Information Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on our Information. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank. Some accommodation suppliers may require you and/or the Other Persons 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 us for your Booking.

CANCELLATION OR MAKING CHANGES TO YOUR BOOKING
The Rules will set out the applicable cancellation period during which you can cancel or make changes to your Booking (the Cancellation Period). In limited cases, some Bookings cannot be changed or cancelled after they are made and this will be indicated in the specific hotel’s cancellation policy. If permitted, you may cancel or change your prepaid Booking during the Cancellation Period but you will be charged the applicable cancellation or change fee as set out in the specific hotel’s cancellation policy. If you are allowed to cancel or make changes to your Booking but do not do so before the end of the Cancellation Period, you will be liable to pay a cancellation charge equal to applicable nightly Hotel Reservation rate(s), taxes or tax recovery charges (as applicable), service fees and any additional booking fee separately charged by our Affiliate (the Cancellation Penalty) whether or not you use the Hotel Reservation or not. If you do not show for the first night of your Booking but plan to check-in for subsequent nights, you must confirm with our Affiliate no later than the date of the first night of your reservation. Failure to do so may result in your Booking being cancelled and you being charged the Cancellation Penalty.

GROUP BOOKINGS
Please note that we cannot guarantee reservations for more than 8 rooms with any accommodation supplier for the same accommodation stay dates (Group Booking). If you make a Group Booking online, we may cancel such Group Booking and charge you any cancellation fee set out in the Rules. If you paid a non-refundable deposit in respect of your Group Booking, your deposit will be forfeited.

FRAUDULENT BOOKINGS
If any Booking (including any associated payment cards) shows signs or is connected to any suspected fraud, abuse or suspicious activity, we or our Affiliate may cancel any Booking associated with your name or email address. In addition, we may verify (i.e. preauthorize) any credit card used for payment of a Booking. If you or the holder of any credit card used for payment of a Booking have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you and/or the card holder may be liable for our and our Group Member’s losses, including litigation costs and damages. To contest the cancellation of a Booking, please contact our Affiliate.

PACKAGES
If your Hotel Reservation has been provided to you in conjunction with another travel product (e.g. a flight) (a Package or a Linked Travel Arrangement), then the Affiliate who has provided this Package, or the first travel component of the Linked Travel Arrangement, to you, will be responsible for any changes or liabilities regarding that Package or Linked Travel Arrangement.

TAXES
You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The accommodation suppliers invoice us for certain charges, including, where appropriate, tax amounts. The accommodation suppliers are responsible for remitting the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on Prepaid Bookings represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the accommodation supplier for taxes due on the rental of the room. Taxability and the appropriate tax rate vary depending on the location. The actual tax amounts paid by us to the accommodation suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Hotel Reservation. You acknowledge that we provide you services to facilitate the booking of Hotel Reservations for a consideration. We retain our service fees as compensation for servicing your Booking. Our service fees vary based on the amount and type of Hotel Reservation. 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 actual use of the Hotel Reservation. You acknowledge that authorities in certain countries may impose additional sales, use and/or local hotel occupancy taxes (e.g., a tourist tax), which have to be paid locally. You are solely responsible for paying such additional taxes.

INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet any applicable 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. By offering Hotel Reservations in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations. We recommend you check your country’s foreign travel guidance for further details.

DISCLAIMER
We and our Group Members will make reasonable efforts to update our Information to ensure its accuracy. However, our Information is provided by the suppliers of our Hotel Reservations. As such: our Information may be changed, enhanced, amended or deleted at any time, any non-availability or change may occur at any time without notice and without liability to us or our Group Members; we disclaim all liability for any errors or other inaccuracies relating to our Information, (including, without limitation, the pricing of Hotel Reservations, photographs of hotels, lists of hotel amenities and general hotel descriptions); we make no guarantees about the availability of specific Hotel Reservations; we make no representations about the suitability of our Information for any purpose; hotel ratings displayed in our Information are intended as general guidelines only and we and our Group Members cannot guarantee the accuracy of such ratings; the inclusion or offering of any Hotel Reservation does not constitute any endorsement or recommendation of such Hotel Reservation by us or our Group Members; disclaim all warranties and conditions that our Information, and services or any email sent from us, or our Group Members are free of viruses or other harmful components and all our Information; and services are provided “as is” without warranty of any kind. We expressly reserve the right to correct any pricing errors and/or Bookings made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your Booking at the amended price or you may cancel your Booking without penalty.

OUR LIABILITY TO YOU
The hotels and other suppliers providing Hotel Reservations to us are independent contractors and not agents or employees of us, or our Group Members. We and our Group Members are not liable for: the acts, errors, omissions, representations, warranties, breaches or negligence of any Affiliate or the suppliers of the Hotel Reservations; or for any personal injury, death, property damage, or other damages or expenses resulting there from. We and our Group Members have no liability and will make no refund in the event of any: delay; cancellation; overbooking; strike; force majeure; or other causes beyond our direct control; and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. To the fullest extent permitted by applicable law, in no event shall we or our Group Members be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with: your access to our Information; or the delay or inability to access our Information (including, but not limited to, any computer viruses, information, software, linked sites, and Bookings); whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if we or our Group Members have been advised of the possibility of such damages. If, despite the limitation above, we or our Group Members are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of us, or our Group Members will in no event exceed, in the aggregate, the greater of: the Booking fee you paid to us, our Group Member or Affiliate in connection with the relevant Booking; or One Hundred Dollars (US$100.00) or the equivalent in local currency. We do not exclude or limit in any way our liability for anything which cannot be excluded by applicable law. The limitation of liability reflects the allocation of risk between you and us. 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 us and our Group Members.

INDEMNIFICATION
You agree to defend and indemnify us, our Group Members 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; your violation of any law or the rights of a third party; or your use of our Information.

INTELLECTUAL PROPERTY RIGHTS
Our Information (including, but not limited to, price and availability of Hotel Reservations) is owned by us or our suppliers and providers. Whilst we agree that you can use our Information to make limited copies of your travel itinerary and any other information relevant to your Booking, 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 relating to and/or including the Hotel Reservations and our Information.

COPYRIGHT AND TRADEMARK NOTICES
All contents of our Information are ©2018 Expedia, Inc. All rights reserved. Expedia, Expedia Affiliate Network, EAN, Travelnow, Hotels.com, the Expedia Affiliate Network logo, the Travelnow logo and the Hotels.com 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. We are not responsible for content on websites operated by third parties. OpenStreetMap geo data used in mapping is (c) OpenStreetMap contributors and available under the Open Database License (ODbL) . If you are aware of an infringement of our brand, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

APPLICABLE LAW
Our Information is made available by a U.S. entity and these Terms are governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA, in all disputes arising out of these Terms or relating to the use of our Information. Use of our Information is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

DISPUTES
We and our Group Members are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims relating in any way to our Information, Bookings, any dealings with our Customer Support Agents, any Hotel Reservations, or any representations made by us (Claims) by contacting us through the customer service details provided to you at the time of booking. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of these Terms required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Expedia Legal: Arbitration Claim Manager,” at Expedia, Inc., 333 108th Ave N.E. Bellevue, WA 98004. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

GENERAL
You agree that no joint venture, partnership, or employment relationship exists between you and us or our Group Members as a result of these Terms or your access to our Information. You acknowledge that Travelscape, LLC or VacationSpot, SL (or any other Group Member as we designate) shall be treated by any tax authority in any pertinent jurisdiction as the supplier of the Hotel Reservation for Prepaid Bookings and Packages for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC. Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms limit our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Information or information provided to or gathered by us with respect to such use. We may transfer our rights and obligations under these Terms to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Information within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of 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 provisions in the future. These Terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and us with respect to our Information and any Bookings and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Information and/or Booking. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 in our Information are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

OUR DETAILS
Travelscape LLC is a registered seller of travel in each of the states listed below: California registration number: 2083930-50 Florida registration number: ST36407 Iowa registration number: 677 Nevada registration number: 20020759 Washington registration number: 602-617-174 Registration as a seller of travel in California does not constitute the state's approval. New York State Tax Registration: Travelscape’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960. Please click here for additional information: New York State Certificate of Authority New York City Certificate of Authority ©2018 EXPEDIA, INC. All rights reserved.





AGENT TERMS OF USE
These Agent Terms of Use (these Terms) govern the terms upon which you market Hotel Information and undertake Bookings for End Customers through the Approved Platforms. Please read these Terms. Defined terms are indicated by capitalization, and where these terms are not defined in the text, they are defined at the end of these Terms. By offering Hotel Information and undertaking Bookings for End Customers through the Approved Platform you agree, acknowledge and represent to us that: - Your representative has read and understood these Terms on your behalf; - You agree to be bound by these Terms without modification in relation to your access to the Hotel Information through the Approved Platform and the offer to undertake Bookings for End Customers; and - Your representative entering into the agreement created by acceptance of these Terms has the power, capacity and authority to enter into these Terms and to bind you.

1 AGENT OBLIGATIONS
1.1 Agent Marketing. During the Term, you shall actively market and promote the Hotel Information and the undertaking of Bookings to End Customers. 1.2 Content. You will not change, amend or misrepresent any of the information, content or data relating to or in connection with the Hotel Information that is provided to you through the Approved Platforms (Content). 1.3 Access to the Hotel Information and Approved Platform. You must: (a) only: (i) access the Hotel Information through the Approved Platform; and (ii) procure Bookings; in a manner consistent with the Code of Conduct in Section 2 of these Terms, EPS’s policies and rules and our or EPS’s instructions as notified to you from time to time; (b) only input the End Customer’s data in the Approved Platform and solely for the purpose of procuring Bookings; and (c) ensure that the End Customer’s data and any other information submitted to the Approved Platform is complete and accurate. 1.4 Customer Contracts. Prior to the completion of a Booking, you must: (a) make clear to End Customers that Travelscape, LLC or Vacationspot, SL (or any other Group Member of EPS) shall be treated by any tax authority in any pertinent jurisdiction as the supplier to the End Customer of E-Collect Bookings and accommodation component of a Package for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC; (b) not display or make any statement which expressly or by implication contradicts Section 1.4(a) of these Terms; (c) ensure that the End Customer has read and agrees to be bound by the End Customer Terms and Conditions; (d) ensure that the End Customer is aware of any limitations or restrictions that apply to their Booking, including whether the End Customer is allowed to make any cancellations or changes to their Booking and the consequences of the same; (e) not make any verbal or written assurances to an End Customer which are additional to or are contrary to: (i) these Terms; or (ii) the End Customer Terms and Conditions; which includes promising an End Customer that their special request will be met; and (f) not cancel or amend any Bookings made by Agents except on the express instruction of the End Customer. You shall be solely responsible and liable to use in respect of any representations or special requests made or confirmed to the Customer without our prior written authorisation and approval. 1.5 Customer Communications and Complaints. (a) You shall within 24 hours of receipt: (i) provide to the End Customer, without amendment or modification, all information related to a Booking; and (ii) provide to us, without amendment or modification: (1) all communications received related to a Booking; (2) any complaints received from End Customers; and (3) any communications received from Trading Standards or any other regulatory trade body which relate to an End Customer and/or any Booking. (b) You shall notify us within 24 hours if you receive any End Customer complaint, claim or action regarding a Booking (each an End Customer Issue). You acknowledge and agree that we shall have the right to attempt to settle any End Customer Issue directly with the End Customer. If we attempt such a settlement, you must, at your expense, provide us with all information and reasonable assistance we require to reach settlement and you shall refrain from taking any other action in respect of the End Customer Issue; unless required to do so by Applicable Law. (c) In order for us to support End Customers in the event that the accommodation supplier comprising the Hotel Information is not able to honour any Booking, you: (a) will continue to provide us with your up to date contact details for us to notify you of any relocations; (b) will cooperate with us to facilitate a relocation, including promptly liaising with End Customers; (c) agree that relocations will be in accordance with EPS’s standard process from time to time. 1.6 Compliance with Laws. You shall comply with all applicable laws in force from time to time relevant to the performance of your obligations under these Terms including, without limitation, any legislation relating to the licensing of travel agents (Applicable Laws). 1.7 Package Bookings. Provided we give our written consent to you (directly or indirectly), certain Hotel Information that we specify from time to time (Package Rates) may be made available to you for booking as part of a Package. We may cease to offer Package Rates at any time by providing you (directly or indirectly) with no less than seven (7) days’ written notice. (a) Booking of Package Rates. You shall: (a) not book, nor make available or offer Package Rates except as part of a Package; (b) ensure that the final booking price for a Package Rate is equal to the rate we provide for such Package Rate (and you acknowledge that you remain responsible for the final price of the Package); (c) not display or otherwise communicate separate pricing of Package Rates to End Customers at any time during the booking or confirmation processes; (d) ensure the Package Rate can only be applied in relation to the same trip to which the Approved Transport Component within the Package relates (including having no more rooms booked than the number of people to which the Approved Transport Component relates); and (e) retain proof of the inclusion of the Approved Transport Component within the Package for at least 30 days after the Booking is made. We may from time to time require you at your own cost to demonstrate your ongoing compliance with this Section 1.7(a). You shall upon our written request, send copies of booking confirmations, booking details and give access to such other information, systems and/or documentation as is reasonably necessary to demonstrate your compliance with this Section 1.7(a). Without prejudice to any other rights or remedies available to us or our Group Members, if you are in breach of this Section 1.7(a), we may restrict access to Package Rates with immediate effect and may terminate these Terms. (b) Compliance with Law. You undertake and warrant that you shall be responsible for obtaining and maintaining all licences, consents and other permissions (each, if any and whether regulatory or otherwise) and all financial security arrangements necessary for the performance of obligations under these Terms in respect of bookings of Packages and/or linked travel arrangements provided and/or arranged by you. You will comply with all applicable laws (including European Council Directive 90/314/EEC European Directive (EU) 2015/2302 and all relevant local implementations of it) and any other current or future laws relating to package travel or linked travel arrangements in any jurisdiction.. You shall co-operate as necessary to provide the necessary information allowing us each to discharge our obligations with regard to any packaged travel product or linked travel arrangement. You agree to provide all necessary assistance and support in the event of an enquiry, request for information or investigation into the making available of Packages and/or linked travel arrangements by any national authority, consumer body or other interested party. 1.8 Agent Booking Fee. If you add a booking fee to the total amount charged to the End Customer, you shall ensure: (a) the booking fee is not aggregated into the room rates, taxes, or service fees provided in the Approved Platform, (b) you make it clear to the End Customer that the booking fee is applied by you only; (c) you include the following text in your booking terms and conditions in respect of the Booking: “The total price may include an additional booking fee from [INSERT YOUR NAME]”, and (d) you do not include the booking fee in any supplier selection algorithm or sort order logic.

2 CODE OF CONDUCT
2.1 You shall not send unsolicited bulk email, “spam” or otherwise engage in any other unethical or illegal marketing activities (as determined by us or EPS, acting reasonably) concerning End Customers in any jurisdiction. 2.2 You shall not: (a) place any material on any customer facing website or associate Hotel Information with any material or opinions that are illegal in any jurisdiction or are otherwise discriminatory, promote or incite violence, hatred or an illegal activity, are capable of interpretation as discriminatory or of promoting such views, or are inappropriate for general or family viewing (e.g. sexually explicit materials); (b) mislead or misrepresent to consumers as to the origin, affiliation or nature of your websites, products or services; (c) sell, redistribute, display or use in any context or manner (directly or indirectly), any data or materials from EPS or its Group Members’ websites (including any Content); (d) sell, redistribute, display or use any data, materials or other content from any website owned or operated by EPS or our Group Members other than in accordance with the terms of this Agreement. (e) use EPS trademarks or those of its Group Members (including any misspelling or substantially similar or confusingly similar version thereof), in any manner whatsoever (including without limitation, in any domain or sub-domain name, any other online/offline marketing or advertising, press releases, etc.) without first obtaining EPS's prior written approval; 2.3 Predatory Advertising. You will not use any predatory advertising methods. Predatory advertising means any method that creates or overlays links or banners on websites, mobile devices, social media or any other channel which allows access to Hotel Information and Content (each a channel), spawns browser windows, or any method invented to generate traffic from a channel without that channel owner’s knowledge, permission, and participation. 2.4 Keyword Advertising. With respect to any “pay for sponsored advertising placement” keyword purchase program offered by an internet search engine: neither you, nor your Group Members, shall bid on any of our marks that are listed in Annex 1 (or any misspellings of such trademarks). (or any regional variants), for preferential placement in any cost per click search engine or other search engine in which search result page listing order is determined by payment to the search engine or other third party, and will not use any such names in keyword meta tags on any pages of the approved websites or any other websites or channels you own or operate. If requested, you shall promptly cease bidding on or otherwise using any name or trademark of any accommodation supplier comprising Hotel Information, or to register a negative keyword of such supplier, then you will, at our request promptly cease the use or bidding in question upon such name or names, or register such negative keyword. 2.5 You shall not represent yourself as acting on behalf of EPS or any of its Group Members. 2.6 You shall not misrepresent who you are acting for when contacting End Customers including (as an example only) leading End Customers to believe that you are directly connected to any of the accommodation suppliers comprising Hotel Information. 2.7 You acknowledge and agree that Travelscape, LLC or Vacationspot, SL (or any other Group Member EPS designates) shall be treated by any Tax authority in any pertinent jurisdiction as the supplier to the End Customer of E-Collect Bookings and the accommodation component of a Package for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC 2.8 You shall not directly contact any of the accommodation suppliers comprising Hotel Information in relation to Hotel Information or Bookings. Any direct communications from such accommodation suppliers which you receive should be referred immediately to us. 2.9 Any advertising and promotional materials used in connection with the Hotel Information shall be provided by or expressly approved in writing by us. 2.10 You shall notify us of any and all customer complaints made to you relating to the VAT treatment of E-Collect Bookings, and must not attempt to deal with such complaints yourself. You shall also refer to us any enquiries from tax authorities or any other government agencies in relation to these Terms or the E-Collect Bookings, and shall provide us with the opportunity to review and/or contribute to any response to such enquiries. 2.11 You shall not misrepresent any of the terms of the contract relevant to services being provided under these Terms, including product descriptions. 2.12 You acknowledge that Bookings of more than 8 rooms with the same accommodation supplier for the same stay dates (a Group Booking) may not be made by you or End Customers. In the event you, your Agent or an End Customer requires a Group Booking, you will notify us and follow our relevant process. Any Group Booking made in breach of this clause may be cancelled by us and any applicable cancellation fees will be applied.

3 TERM AND TERMINATION
3.1 These Terms shall commence on the earlier of: (i) your acceptance of these Terms; or (ii) your first Booking; and subject to earlier termination in accordance with Section 3.2, shall continue until expiry or termination of our relationship with you or EPS’s relationship with us (Term). 3.2 We in our sole discretion and without cause may terminate these Terms immediately upon written notice for any reason. You may terminate these Terms on thirty (30) days’ written notice to us. The rights and remedies provided in this Section 3.2 are not exclusive and are in addition to any other rights and remedies provided by law or these Terms. 3.3 Upon termination or expiration of these Terms for any reason: (i) you shall immediately cease procuring Bookings; and (ii) we may immediately shut down your account. Sections 3.3, 4, 5, and 6 shall survive any expiration or termination of these Terms.

4 CONFIDENTIALITY; MEDIA COMMUNICATIONS, DATA PROTECTION
4.1 Confidentiality (a) For the purpose of this clause, Confidential Information means any and all know-how, documentation and information, whether commercial, financial, technical, operational or otherwise, relating to the business, finances, affairs, tools (including those provided on a technology), products, services, personnel, customers, suppliers (including precincts, future and potential personnel, customers and suppliers), prices, commissions, rates, vendors, processes, or methods of one party or its Group Members (and EPS or its Group Members), which is disclosed to or otherwise obtained by the other party in connection with these Terms and the existence, terms and subject matter of these Terms. (b) Both you and we (each a Party and together the Parties) shall keep the other's Confidential Information confidential and shall not divulge the same to any third party, except EPS or EPS’s Group Members, unless divulging for the purposes of these Terms, or use it itself for any other purpose without the prior written consent of the other Party. (c) Section 4.1(b) shall not apply to any Confidential Information that the receiving Party can show: (i) is in the public domain in substantially the same combination as that in which it was disclosed to the receiving Party other than as a result of a breach of these Terms or any other obligations of confidentiality; (ii) is or was lawfully received from a third party not under an obligation of confidentiality with respect thereto; (iii) is required to be disclosed under operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required); (iv) is approved for disclosure in writing; or (v) was developed independently of and without reference to Confidential Information disclosed by the other Party; provided that a particular disclosed or discovered use, combination, analysis, form or collection of information will not be in the public domain simply because it could be re-created using information in the public domain. (d) Each Party shall give the other as much notice of any disclosure required under Section 4.1(c)as is reasonable and lawful in the circumstances (if any) and shall provide the other with reasonable assistance in avoiding or limiting the required disclosure. (e) Each Party shall be entitled to divulge the other Party's Confidential Information to its employees agents, directors, officers, authorised sub-contractors, professional advisors and consultants who have a need to know the same in connection with these Terms provided that the receiving Party shall ensure that such persons are aware of and, shall procure that such persons comply with, these obligations as to confidentiality. 4.2 Media Communications. You shall not release to the public any press release or other communication to the press and/or public regarding these Terms without our prior written consent. 4.3 Data Protection. For the purposes of Section 4.3, the following terms will have the following meanings: Applicable Data Protection Law(s) means all data protection and privacy that apply to End Customer Data processed under this Agreement (including, where applicable, EU Data Protection Laws); End Customer Data means any personal data relating to an End Customer who views, enquires about, books or has stayed at a hotel in accordance with their Booking that is processed pursuant to these Terms. EU Data Protection Laws means: (i) prior to 25 May 2018, EU Directives 95/46/EC and 2002/58/EC (each as amended), and any applicable national implementations of them; and (ii) on and after 25 May 2018, EU Regulation 2016/679 (the General Data Protection Regulation) and any applicable national legislation made under or in connection with the General Data Protection Regulation; and Security Incident means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. (a) You warrant that you have complied with and will comply with all Applicable Data Protection Law(s).You will ensure that you display a compliant and accurate privacy policy and cookie notice (if required) on your customer facing websites. (b) You shall: i. maintain appropriate technical and organizational measures to protect the End Customer Data against any Security Incident; and ii. in the event of a confirmed Security Incident, promptly notify us if the Security Incident affects End Customer Data, providing full details of the same. In such event, both parties shall cooperate reasonably and in good faith to remedy or mitigate the effects of the Security Incident, and the reasonable costs of such cooperation shall be borne by the party that suffered the Security Incident. (c) You warrant and represent that you will: i. only obtain, use, transmit and store End Customer cardholder data to the extent required to comply with your obligations under this Agreement; ii. where you obtain, use, transmit, store or process End Customer’s cardholder data, you will comply with the Payment Card Industry Data Standard Security Requirements (PCI DSS) as issued by the PCI Security Standards Council, as updated from time to time; iii. provide us with a copy of your annual certification of compliance; iv. promptly notify us of any breach of the PCI DSS or any other Security Incident affecting End Customer cardholder data.

5 COMPLIANCE
We or EPS shall be entitled to verify your performance under these Terms at any time upon reasonable notice (save where we or EPS (acting reasonably) suspect a material breach of these Terms, fraud and/or a breach of law in which case there shall be no requirement to give prior notice). You shall permit and/or shall procure that we or EPS are permitted access to such of your and your sub-contractors' and agents' records, systems and information as we or EPS may require for the purpose of such verification. Without prejudice to the foregoing, upon request you will promptly provide us or EPS with copies of such records, accounts and information as we or EPS require to verify your performance or compliance under these Terms.

6 DISCLAIMER
YOU AGREE THAT EPS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE HOTEL INFORMATION. YOU AGREE THAT EPS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOTEL INFORMATION, INCLUDING WITHOUT LIMITATION ANY: (i) IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (iii) IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU AGREE THAT EPS WILL HAVE NO LIABILITY TO YOU OR ANY END CUSTOMERS RELATING TO: (A) ANY FAILURE OF THE SYSTEMS OF US OR ANY THIRD PARTY THAT RESULTS IN THE FAILURE OR INABILITY TO PROCESS A BOOKING; OR (B) THE QUALITY OF THE HOTEL INFORMATION PROVIDED BY TRAVEL SUPPLIERS TO END CUSTOMERS.

7 GENERAL
7.1 Governing Law and Dispute Resolution. These Terms and all rights and obligations hereunder, including matters of construction, validity, performance and dispute resolution, shall be governed by and construed in accordance with the substantive laws of England and Wales without regard to any conflict of laws, rules or principles that may require the application of any other law or where these Terms or any amendment to it is actually executed. Any dispute, controversy or claim arising out of or in relation to these Terms or at law, or the breach, termination or invalidity thereof, that cannot be settled amicably by agreement between the Parties, shall be finally settled by the Courts of England and Wales, and the Parties submit to the exclusive jurisdiction of those courts. 7.2 Economic Sanctions. You warrants and represents on a continuing basis that it and its Group Members are not incorporated in or resident in a country, or listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person," or similar designation under the economic or trade sanctions imposed by the by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union and her Majesty’s Treasury (the Economic Sanctions, and any relevant individual being a Restricted Person). You will not act in such a way so as to bring us or EAN into breach of any Economic Sanctions (including marketing to Restricted Persons), and will notify us immediately in respect of any breach of this clause. You warrant that you will be liable for any act made by you or your Agent that would otherwise threaten to bring us into breach of any Economic Sanctions, and agree that any breach of this clause shall be deemed a material breach not capable of remedy and we may immediately terminate this Agreement in such an event. 7.3 Modification. We may make changes to this Agreement from time to time. We will notify you of any changes and provide you with a copy of the revised terms by email or such other means as may have been agreed between the parties. If you do not agree with the changes, you must notify us by email within 30 days of the date of (i) successful dispatch of our email or (ii) receipt of our notice if sent by any other method. If you fail to do so within this time period you shall be deemed to have accepted the changes and the changes will come into effect on the date set out in the revised terms. If you notify us that you object, either Party may terminate this Agreement in accordance with Section 3.2. 7.4 Force Majeure. Neither Party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms (save in respect of any obligation to pay any monies due) to the extent that such failure or delay arises due to reasons beyond such Party's reasonable control which that Party is unable to reasonably avoid or provide against provided always that the affected Party promptly notifies the other of the cause and likely duration of the failure or delay and takes all reasonable steps, including implementation of its business continuity and disaster recovery plan to overcome the failure or delay as soon as possible. 7.5 Non-waiver. No waiver of any term, condition or obligation of these Terms will be valid. No failure or delay by any Party at any time to enforce one or more of the terms, conditions or obligations of these Terms will: (a) constitute waiver of such term, condition or obligation; (b) preclude such Party from requiring performance by the other Party at any later time; or (c) be deemed to be a waiver of any other subsequent term, condition or obligation, whether of like or different nature. 7.6 Assignment. These Terms may not be assigned by either Party without the prior written consent of the other Party not to be unreasonably withheld. 7.7 Severability. These Terms will be enforced to the fullest extent permitted by Applicable Law. If any provision of these Terms is held to be invalid or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision. 7.7 Entire Agreement. These Terms constitute the entire and exclusive agreement between the Parties regarding the subject matter hereof, and supersede all prior or contemporaneous oral or written agreements and understandings; provided nothing in this Section 7.8 shall limit a Party’s liability for any representations made fraudulently. Third Party Rights. You agree and acknowledge that EAN, Travelscape LLC, and VacationSpot SL and each of its Group Members shall have the benefit of these Terms. Notwithstanding this, the Parties agree that any claims in respect of losses suffered by EAN, Travelscape LLP, Vacation Spot SL and/or any of their Group Members shall where possible be brought by us for and on behalf of the affected Group Member and the Parties agree that, for this purpose, we shall be agent for and conduct any claims on behalf of such Group Member. Nothing in this clause shall enable EAN, Travelscape LLC, and VacationSpot SL and each of their Group Members to be entitled to recover damages or obtain any other form of payment or compensation more than once in respect of the same loss or breach. 7.8 Notice. (a) Notices must be given in English by email by a Party's authorised sender to the addresses notified to the other Party from time to time. (b) An email notice shall take effect: (i) if sent before 4.30pm on a Working Day, on the day of transmission; or (ii) when receipt is acknowledged by any of the receiving party's authorised recipients, or in the absence of such acknowledgment, 3 hours after the time of transmission (as recorded by the sending party's email application) save where such time of receipt would fall after 4.30pm on a Working Day, in which case it shall be deemed received at 10am on the next Working Day; and where (iii) no error (including any delivery error message) or valid out-of-office email message is received by the sending party in response to such email notice in respect of all of the receiving party's authorised recipients.

8 DEFINITIONS AND INTERPRETATION
8.1 Definitions. In these Terms, the following definitions apply: Applicable Laws: as defined at Section 1.6 of these Terms; Approved Platform: the websites and/or platforms you use to view Hotel Information and Content and undertake Bookings; Approved Transport Component: one of the following travel services, separately provided by you or your third-party supplier: (i) air travel, (ii) rail travel which constitutes a substantial portion of the Package, (iii) car rental for at least the full duration of the hotel stay period of the Booking, or (iv) an overnight cruise; Booking: a reservation made through the Approved Platform on the basis of the Hotel Information; EPS: means EAN.com LP; E-Collect Booking: A Booking for which you or we collect the payment from the End Customer End Customer: the individual or corporate customer undertaking the Booking; End Customer Issue: as defined at Section 1.5(b) of these Terms; End Customer Terms and Conditions: the terms and conditions applicable to Bookings, including any applicable privacy policy, as updated and notified to you from time to time; Group Member: an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with an entity; Hotel Information: the rate and availability information that EAN and its Group Members make available (at its sole discretion) from time to time in the Approved Platform; Package: the booking of accommodation together with an Approved Travel Component; Package Rates: as defined at Section 1.7 of these terms; Term: as defined at Section 3.1 of these terms; Working Day: Monday to Friday excluding bank holidays in England. 8.2 Interpretation. In these Terms, except where the context requires otherwise: (a) references to sections or schedules shall be to sections of and schedules to these Terms. Headings are inserted for ease of reference and shall not affect interpretation; (b) persons includes natural persons, firms, partnerships, companies, corporations, and words suggesting a gender shall include all other genders, words denoting the singular shall include the plural and vice versa; (c) references to statutes, statutory instruments and government regulations shall be deemed to include any modification, amendment, extension or re-enactment thereof from time to time, unless otherwise specified, the provisions of any statute, regulation or rule which amends, supplements or supersedes any such statute, regulation or rule; (d) the expressions including, include, in particular, for example and any similar expression are meant to be inclusive and shall not limit the preceding words, and the word “or” is disjunctive, but not necessarily exclusive; (e) references to writing and written include communication by email including all related attachments; (f) a reference to any agreement or document means that agreement or document as amended or varied by written agreement between the Parties from time to time.