RESERVATIONS.COM TERMS OF SERVICE & DISPUTE RESOLUTION This Agreement was last modified on March 17th, 2020

Preliminary Provisions Please read these Terms of Service ("Agreement" or "Terms of Service") carefully before accessing www.reservations.com (the “Site") in any way. The Site is operated by Benjamin & Brothers LLC d/b/a Reservations.com and its related entities ("us", "we", "our", or the “Operator”). This Agreement is between the Operator and you as a user of this Site (“you” or “User”) and sets forth the legally binding terms and conditions for your use of the Site and its services. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms of Service. As sufficient consideration for your assent to this Agreement, you are provided access to the Site, its hotel-booking services and our 24/7 Customer Call Center (the “Services”). You agree not to use the Site or Services if doing so would violate the law(s) of your jurisdiction. As used in this Agreement, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, vendors, partners, agents, sponsors, and/or advertisers. Unless otherwise noted, all references to monetary amounts or currency is in United States Dollars. This Agreement outlines the rules concerning your use of our Site and also the terms and conditions of bookings you make with us, including matters concerning pricing, payment, and dispute resolution. PLEASE READ THE AGREEMENT CAREFULLY AS IT AFFECTS YOUR RIGHTS, INCLUDING HAVING A SUBSTANTIAL IMPACT ON HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER (AND CLAIMS YOU MAY HAVE AGAINST ANY BOOKING PARTNER) ARE RESOLVED, INCLUDING WAIVER OF JURY TRIAL, MANDATORY ARBITRATION, AND WAIVER OF CLASS ACTION.

Dispute Resolution THIS SECTION HAS A SIGNIFICANT IMPACT ON YOUR RIGHTS, ESPECIALLY WHEN IT COMES TO HOW DISPUTES BETWEEN YOU AND US (INCLUDING ANY BOOKING PARTNER) GET RESOLVED. PLEASE READ THIS SECTION CAREFULLY. Informal Resolution – Our goal is to exceed your expectations when you book travel through our Site and/or Services, and if a dispute arises between you and us, we strive to resolve the dispute fairly, quickly, and efficiently. Accordingly, you agree to first give us an opportunity to resolve any dispute, claim, or controversy arising out of or relating to your use of our Site, any booking, this Agreement, our Privacy Policy, our Cookie Policy, or the breach, termination, enforcement, interpretation or validity thereof, or our relationship in connection with the Site or these or previous versions of this Agreement or our Privacy Policy or our Cookie Policy ("Claim") by contacting us at [email protected] before taking any other action. If we are not able to resolve your Claim within sixty (60) calendar days after we receive written notice from you of your Claim, you may seek relief for your Claim through arbitration or small claims court, as detailed below. Governing Law & Venue – This Agreement and the Privacy Policy, and the rights of the parties hereunder shall be governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, USA, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise provided by the Mandatory Arbitration provision below, any Claim shall be brought in a court located in Orange County, Florida, USA. Mandatory Arbitration – Any and all Claims will be resolved by binding arbitration, rather than in court, except that you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which, in Orange County, Florida, USA, is a claim of $5,000 or less, excluding costs, interest, and attorneys’ fees. Binding arbitration also applies to Claims that arose before you accepted these Terms of Service, regardless of whether prior versions of the Terms of Service required arbitration. Arbitration is less formal than a court proceeding. It is presided over by a neutral arbitrator instead of a judge. An arbitrator can award on an individual basis the same damages and relief as a court, and the arbitrator should apply this Agreement and the Privacy Policy as a court would. An arbitration decision may be confirmed by any court with competent jurisdiction. Court review of the arbitration decision is limited. Arbitration shall be conducted by the American Arbitration Association (“AAA”) using its AAA Consumer Rules by an arbitrator knowledgeable in web-based and e-commerce disputes. Except as provided herein, the Rules will govern payment of all filing, administration and arbitrator fees. If your total Claim seeks less than $10,000.00, we will reimburse you for half the amount of the filing fees you pay to the AAA and we will pay half of the arbitrator’s fees. 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. We may attend the arbitration by phone, videoconference, or other remote method. Initiating Arbitration of Claim – To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim to: Reservations.com c/o Benjamin & Brothers LLC 390 North Orange Avenue, Suite 1605 Orlando, FL 32801 ATTN: Reservations.com Legal – Arbitration Claims If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. Unless otherwise prohibited by applicable law, and except for New Jersey residents, any Claim must be filed within two (2) years from the date on which such Claim arose or accrued. All claims you bring against us must be resolved in accordance with this Dispute Resolution section. All claims filed or brought that are not in accordance with to this section shall be considered improperly filed. Should a claim be filed by either you or us in manner that is not in accordance with this section, the other party may seek to recover attorneys' fees and costs up to $5,000.00, provided that the other party has been notified in writing of the improperly filed claim, received fourteen days to withdraw such claim, and fails to do so. WAIVER OF CLASS RIGHT & JURY RIGHT – 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. Third-Party Beneficiaries – YOU AGREE THAT OUR BOOKING PARTNERS ARE THIRD-PARTY BENEFICIARIES OF THIS DISPUTE RESOLUTION SECTION (AND ANY OTHER APPLICABLE PART OF THIS AGREEMENT) AND CAN ENFORCE IT IN RESPECT TO ANY CLAIMS BY YOU AGAINST THEM (E.G. A BOOKING PARTNER CAN USE THIS DISPUTE RESOLUTION SECTION TO ARBITRATE A CLAIM YOU MAY HAVE AGAINST THEM, AND THEY CAN STOP YOU FROM ASSERTING A CLASS ACTION AGAINST THEM). THIS THIRD-PARTY BENEFICIARY PROVISION DOES NOT CREATE ANY OBLIGATION OWED TO YOU BY ANY OF OUR BOOKING PARTNERS AND IT DOES NOT MODIFY, BUT MAY SUPPLEMENT WITHOUT CONFLICT, ANY AGREEMENT YOU HAVE DIRECTLY WITH ANY BOOKING PARTNER. This third-party beneficiary provision in no way modifies the relationship, if any, between us and any of our Accommodation Suppliers or Booking Partners, and this Dispute Resolution section (and any other part of this Agreement) is not in any way applicable to the relationship, if any, between us and any of our Accommodation Suppliers or Booking Partners (e.g. a Booking Partner cannot use this Dispute Resolution section to arbitrate a claim they may have against us).

Changes to this Agreement We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Such changes shall be effective immediately upon posting of the revised terms on this Site. The effective date of the updated Terms of Service will appear at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. By accessing or using this Site, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Incorporations by Reference You understand and agree that this Agreement represents the primary terms and conditions governing your use of the Site and Services. However, we have provided additional guidelines, rules and policies for such use. Those documents are hereby incorporated by reference into this Agreement and found here: Privacy Policy Cookie Policy Please note that we source our hotels from a variety of suppliers to provide you with the best deals and service we can – see “Third Parties and Non-Affiliation in Booking” below. Some of our Booking Partners have additional terms and conditions beyond those that you see on the rest of this page. Should your hotel be supplied by our Booking Partner TravelScape, please note that the following terms apply: https://developer.expediapartnersolutions.com/terms/en

Should your hotel be supplied by our Booking Partner Lexyl Travel Technologies, LLC, please note that the following terms apply: https://rescom.hotelplanner.com/Terms.htm

Should your hotel be supplied by our Booking Partner Lexyl Travel Technologies, LLC, please note that the following terms apply: https://www.booking.com/content/terms.html?aid=1321108

Use of the Site As a condition of your use of this Site, you represent and warrant the following: You are at least 18 years old; You possess the legal ability and authority to create a binding legal obligation; You will use this Site in accordance with these Terms of Service; You will only use this Site to make legitimate reservations for you and/or another person(s) for whom you are legally authorized to act; You will inform such other persons about the Terms of Service that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; All information supplied by you on this Site is true, accurate, current, and complete; You are wholly responsible for any activities conducted through your account; and You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the provisions set forth in this Agreement. In addition, to the extent that we are legally advised to do so, you acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations. We may terminate your access to the Site and/or Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The Operator reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. Modifications may include changes in pricing structure or addition of fee-based services. Any new features on this Site shall also be subject to this Agreement. In the event of termination, you will still be bound by your obligations under the Terms of Service, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Operator shall not be liable to you or any third-party for any termination of your access to the Site. The Operator reserves the right to amend or repeal the Terms of Service (or parts thereof) as it deems appropriate. The latest version of the Terms of Service will supersede all previous versions.

Pricing Structure and Cancellations PLEASE NOTE THAT ALL RATES, FEES, AND GOVERNMENT-IMPOSED TAXES ARE SUBJECT TO CHANGE OR VARIANCE WITHOUT NOTICE. Rates – You acknowledge that the rates displayed on our Site are a combination of the rates and fees charged by the property or entity supplying your accommodations, such as the hotel or hotel supplier (individually and collectively, the “Accommodation Supplier”) or Booking Partner. Our Service Fee – We charge a non-refundable service fee for each transaction completed via the Site or our 24/7 Customer Call Center. Our service fee is clearly separated from the rate of the room. OUR SERVICE FEE IS NON-REFUNDABLE, EVEN IF YOU MODIFY AND/OR CANCEL A MODIFIABLE/CANCELLABLE BOOKING. The total price will include our service fee. Accommodation Supplier’s Fees and Charges – There are other charges that the Accommodation Supplier may charge you, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly to the Accommodation Supplier. Before booking, you should check with the Accommodation Supplier to determine whether they charge additional fees upon your arrival. Modifying/Cancelling a Reservation – EACH ACCOMMODATION SUPPLIER, BOOKING PARTNER, AND EACH BOOKING IS DIFFERENT: SOME ARE MODIFIABLE AND/OR CANCELABLE, SOME ARE NOT. PLEASE CAREFULLY READ THE CANCELLATION POLICY ASSOCIATED WITH THE RESERVATION YOU ARE BOOKING, WHICH APPEARS BELOW THE AREA WHERE THE CHARGES FOR YOUR RESERVATION IS DISPLAYED, OR AS OTHERWISE DISPLAYED BY OUR BOOKING PARTNERS (E.G. THROUGH A WHITE-LABEL SITE). IF YOU ARE CALLING OUR 24/7 CUSTOMER CALL CENTER, PLEASE REVIEW THE CANCELLATION POLICY WITH THE AGENT. Change(s) to a reservation after booking may result in additional fees at the discretion of the Accommodation Supplier and/or the Booking Partner. Cancellations or no-shows are subject to a monetary penalty, the total amount of which is within the Accommodation Supplier’s and/or the Booking Partner’s discretion. Tax Recovery Charges and Fees – See “Tax Recovery Charges and Fees” below. THE FINAL TOTAL PRICE DISPLAYED AT CHECK-OUT OR QUOTED BY AN AGENT IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.

Tax Recovery Charges and Fees In addition to the rate and our service fee, our Site displays a line item for “Tax Recovery Charges and Fees,” which you will be charged when making your reservation. “Tax Recovery Charges and Fees” consists of: (i) an estimate of the taxes payable by the hotel in connection with your booking, including, but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes; (ii) if applicable, taxes payable by our Booking Partner in connection with your booking; and (iii) service fees retained by our Booking Partner and/or us in addition to our itemized service fee. Some bookings, like those that do not requirement payment in full at the time of making your reservation, may not include the “Tax Recovery Charges and Fees” line item. Instead, that booking may display an estimate of the taxes applicable to the transaction that you can expect to be charged directly by the hotel when you check in. We do not collect taxes for remittance to applicable taxing authorities. The hotel is responsible for remitting applicable taxes. In certain jurisdictions, our Booking Partner may also be responsible for remitting taxes related to your booking. Neither us nor any of our Booking Partners act as a co-vendor with each other or with any hotel. Taxability and the applicable tax rate vary based on several factors, including, but not limited to, the location of the hotel and the room rate paid to the hotel by our Booking Partner. The amount paid to the hotel for taxes in connection with your booking may vary from the estimated amount charged to you, depending upon the rates, taxability, and any other metric in effect at the time of your actual stay. If the amount paid to the hotel is less than the estimate, the balance of the charge for “Tax Recovery Charges and Fees” is retained by us and/or our Booking Partner as part of our and/or their compensation for facilitating and servicing your booking. “Tax Recovery Charges and Fees” does not include other charges, like hotel resort fees, hotel energy surcharges, parking fees, pet fees, and incidental charges (such as room service, mini-bar, gratuities). Unless otherwise indicated, these amounts will be collected from you directly by the hotel.

LOYALTY PROGRAM Our R.Club loyalty program (“Program”) is offered to you at our sole discretion, and is open only to individuals who have reached the legal age of majority in their respective province/territory of residence, have a valid email address, and have enrolled in the Program. You are not a member of the Program unless you enroll through the registration process on our Site. The Program is not currently a rewards program. You have no vested right in the Program. The Program may offer certain benefits available only to members of the Program. Benefits offered under the Program are at our sole discretion and can be modified or cancelled at any time. If you enroll in the Program, you agree that you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Program that all the information you provide on the is correct, current, and complete. You agree that all information you provide to register for the Program is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and this Agreement. Furthermore, notwithstanding the Privacy Policy, by enrolling in the Program, you agree that we and/or our business partners may regularly send you marketing emails and/or text messages, phone calls, and other communications, which may include promotional coupons, discounted rates, and other services. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Program account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Intellectual Property The Site and its original content, features and functionality are owned by the Operator and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Third Parties and Non-Affiliation in Booking Accommodation Suppliers – The Operator does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control any Accommodation Supplier, or any travel service or product they offer. Accommodation Suppliers are exclusively liable and responsible for providing accommodation and welcoming people who have booked through the Site as the guest of the Accommodation Supplier. Third-Party Links – Our Site contains links to third-party websites that are not owned or controlled by the Operator. The Operator has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website that you visit. Booking Partners – To provide you with the best deals and service we can, we source hotel inventory from a variety of suppliers who are not themselves Accommodation Suppliers; we refer to these suppliers as “Booking Partners.” Hotel inventory sourced from Booking Partners can be offered for sale to you in a number of ways: (1) through a White-Label Site (see below); (2) through an API (see below); (3) directly through us; or (4) any other method authorized by our Booking Partners. Through our relationship with our Booking Partners, we are authorized to market and/or sell the hotel inventory offered by us. The Operator does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control, and assumes no responsibility for, any Booking Partner, any travel service or product they offer, their content, their policies, or any of their practices. Some of our Booking Partners have additional terms and conditions beyond those that you see in this Agreement.

Should your hotel be supplied by our Booking Partner TravelScape, please note that the following terms apply: https://developer.expediapartnersolutions.com/terms/en

Should your hotel be supplied by our Booking Partner Booking.com, please note that the following terms apply: https://www.booking.com/content/terms.html?aid=1321108

Should your hotel be supplied by our Booking Partner TravelScape, please note that the following terms apply: https://developer.expediapartnersolutions.com/terms/en White-Label Site – As part of our efforts to get you the booking you are looking for, your search may be referred to a white-label site, which is a website that is branded with our “Reservations.com” marks, but that is owned and operated by a third-party Booking Partner under the third-party’s URL. Like other third-party websites, we have no control over, and assume no responsibility for, the content, privacy policies, or practices of the white-label site. Your access and use of the white-label site is governed by that third-party’s terms and conditions, privacy policy, cookies policy, and any other governing policies of the third-party. When you book through a white-label site, you are doing so under the terms and conditions of the third-party. However, your relationship with us and any component of your booking that we process directly is governed by this Agreement. API – As part of our efforts to get you the booking you are looking for, we may offer offer accommodations from any of our Booking Partners through an application programming interface (“API”) on our Site. When you book through an API, you will be booking with the respective Booking Partner from whom the hotel inventory was sourced, except for our service fee, which is charged and processed by us. When booking through an API, this Agreement governs all aspects of the transaction, in addition to any terms and conditions of the Booking Partner incorporated herein.

User-Generated Content The Site currently does not permit user-generated content. Hotel reviews shown, if any, are generated from a third-party site, like TripAdvisor.

Travel Advisories and Visa Requirements Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge customers to review travel prohibitions, warnings, announcements, and advisories (including, but not limited to, health and disease advisories) issued by their governments prior to booking travel (“Travel Advisories”), particularly when travelling to international destinations. By displaying hotels in particular destinations, the Operator does not represent or warrant that travel to such points is advisable or risk-free and the Operator can never be held liable for damages or losses that may result from travel to such destinations. The Operator can under no circumstances be held liable for any incidents occurring during trip or your stay at the Hotel. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You make a reservation at your own risk. You may want to purchase travel insurance, but it may not cover all circumstances or costs that could arise. Depending on the cancellation policies of our Booking Partners and/or Accommodation Suppliers that apply to your reservation (see Modifying/Cancelling a Reservation above), you may not be able to modify or cancel your booking, even if a Travel Advisory or other condition prevents you from using your reservation. The Operator cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required. Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. THE ABOVE IS NOT INTENDED AS LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS SECTION OF THE AGREEMENT, PLEASE CONTACT THE APPROPRIATE TRAVEL AUTHORITIES.

Disclaimer of Warranties ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE OPERATOR 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 PURSUANT TO APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. THE OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

General Limitation of Liability TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OPERATOR INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, BOOKING PARTNERS, SUPPLIERS, LICENSORS, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS SERVICES (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 OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (OR WHERE RELEVANT, CAUSED BY): LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL, (COMPLETE OR PARTIAL) CANCELLATIONS OR OVERBOOKINGS; ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE OR OTHERWISE) INFORMATION SUCH AS RATES, AVAILABILITY AND RATINGS OF THE HOTEL AS MADE AVAILABLE ON THE SITE, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES; 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 THE SITE OR ANY WEBSITE TO WHICH IT PROVIDES HYPERLINKS; DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE HOTEL (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, OR AFFILIATED COMPANIES); OR ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. The Operator’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Service, the Operator’s liability shall in any event not exceed the lesser of either: (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events); or (b) $250.00 (or its equivalent in local currency). New Jersey Residents – The Site and Operator act as an intermediary of Accommodations Suppliers or other third-party providers of travel and/or hospitality-related goods or services (including our Booking Partners), and are in no way liable for any damage arising from your purchase and/or use of such travel and/or hospitality-related goods or services. The above-referenced limitation on liability does not apply to New Jersey residents to the extent any such damages are a direct result of the Operator’s negligence, willful misconduct, or legal claims arising from the same. This limitation does not apply to the acts or omissions of others.

Notice of Infringing Material If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. A clear identification of the copyrighted work you claim was infringed. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material. Your address, email address and telephone number. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send us your notice by email to [email protected] with subject line reading “IP/Trademark Infringement – [name of person or entity making claim]” or by writing to our mailing address with ATTN: Legal – IP/Trademark.”