A. 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.
These Terms and Conditions 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 likewise 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.
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, or 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 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, and Priceline will reimburse you for all reasonable attorney’s fees incurred in arbitrating the Claim(s) upon which you have prevailed. 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, and Priceline will reimburse such Third-party for all reasonable attorney’s fees incurred in arbitrating the Claim upon which he or she has prevailed. 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 or attorneys’ fees.
- 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 here 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. In all cases, 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 fully 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 or its subsidiaries.
B. Disclaimer of Warranties
All content 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 or materials included on this website. 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.
C. General Limitation of Liability
To the extent permitted by law, in no event shall Halo Travel, or 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 whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages whatsoever, 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.
Further, 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.
You agree to defend and indemnify Halo Travel, 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.
E. Copyright and Trademark Notices
The material and content on this Site, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content, are owned by Halo Travel, priceline, priceline’s corporate affiliates and/or the Travel Service Providers. It is possible that some trademarks, service marks and other company designations on the Site may belong to third parties 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, the following trademarks and service marks, and registered trademarks and service marks, owned by Priceline: PRICELINE, PRICELINE, NAME YOUR OWN PRICE, EXPRESS DEALS, EXPRESS DEALS UNWRAPPED, PRICELINE NEGOTIATOR, THE NEGOTIATOR, PRICEBREAKER, HOTEL FREEBIES, “HAND PICKED DEALS”, “PAY WHEN YOU STAY, TONIGHT-ONLY DEALS and WHATEVER’S ON THE LINE.
The Content on the Site is protected under U.S. and international copyright and trademark laws. 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. It is expressly prohibited for you to use, transmit, copy or reproduce the Content in any form, including on any website or in any domain name, without authorization from Priceline, except if such use is for personal, non-commercial use.
F. 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 by email, mail, or facsimile as follows:
Attn: IP Counsel
800 Connecticut Avenue
Norwalk, CT 06854
We will not process your notice if it is incomplete. Priceline 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.