This Privacy Policy is effective as of September 12, 2013.

Below you will find the updated Privacy Policy for Hotwire (www.hotwire.com).

We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read the following policy to learn about our privacy practices. By visiting this website, you are accepting the practices described herein.

• What information we collect from you
• How we use your information
• With whom we share your information
• How you can access your information
• Your choices with respect to the collection and use of your information
• Cookies and other technologies
• Using the Hotwire.com mobile phone and tablet Apps
• Display of tailored advertising/Your choices
• How we protect your information
• Children's privacy
• External links
• Visiting our website from outside the United States
• Secure Flight Privacy Notice
• Changes to this Privacy Policy
• How you can contact us

What information we collect from you

How we use your information

We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, website, and our Apps; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website and our Apps; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

We often receive testimonials and comments from customers who have had positive booking and/or travel experiences on our website. We occasionally publish such content, using first name plus last initial, only, for attribution.

Please review Your choices with respect to the collection and use of your information below.

With whom we share your information

This website may share your information with the following entities:

We also may share your information:

• In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website or our Apps, our customers, or others; and in connection with our Terms of Service and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular hotels and vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can access your information

Hotwire registered users can access and update their contact information by visiting the Hotwire My Account page. Hotwire email subscribers can access and update their subscription choices through Subscription Management links found in the footer of any Hotwire email. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for recordkeeping integrity.

Your choices with respect to collection and use of your information

• As discussed above, you can choose not to provide us with any information, although it may be needed to make travel bookings or to take advantage of certain features offered on our site or our Apps.
• You also can add or update information and close your account as described above.
• When you register as a member on our site, you will be given a choice as to whether you want to receive email messages from us about special offers. As a Hotwire registered user, you can modify your subscription choices at any time on the Hotwire My Account page. Whether registered as a member or not, you also will be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them.
• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from our site, you will not be able to access portions of this site.

Cookies and other technologies

Cookies are small data text files and can be stored on your computer's hard drive (if your Web browser permits). This website use cookies for the following general purposes:

• To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting this site. For example, if you register on this site, we may use cookies to remember your registration information. Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information.
• To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. See Display of advertising/Your choices for more information about our online advertising practices and your choices.
• To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our site.

In addition to the above cookies, we use Local Shared Objects, also referred to as "flash cookies," on our website. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, please click here: http://kb2.adobe.com/cps/526/52697ee8.html.

This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our site to another, to deliver or communicate with cookies, to understand whether you have come to this site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on this site. This helps us measure the effectiveness of our content and other offerings.

If you have any questions about our use of cookies or other technologies, please email us using our customer service and feedback form.

Using the Hotwire.com mobile phone and tablet Apps (the “Mobile Apps”)

Display of tailored advertising/Your choices

How we protect your information

We want you to feel confident about using this website and our Apps to make hotel and travel arrangements, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Children's privacy

This is a general audience website and does not offer services directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External links

If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

Visiting our website from outside the United States

If you are visiting our website or using our Apps from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

Secure Flight Privacy Notice

Changes to this Privacy Policy

We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our website and/or through our Apps.

How you can contact us

If you have questions about this Privacy Policy (or your travel planning or purchases), please contact us at:

Revision Date September 12, 2013

AGREEMENT BETWEEN CUSTOMER AND HOTWIRE, INC.

Our website (“Website”) is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we,” "us,” "our" and "Hotwire" refer to Hotwire, Inc., a Delaware corporation, The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance, without modification, of all the terms, conditions and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website or through our call center agents, you agree that the Terms of Use in force at the time of your booking shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through this Website or our call center agents. Hotwire may at any time modify, change or amend these Terms of Use. Your continued use of this Website is conditioned upon the Terms of Use in force at the time of your use. View Hotwire Travel Products Rules and Restrictions .

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act (a “Third Party”); (v) you will inform any such Third Party about the terms of use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have a Hotwire account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

SUPPLIER RULES AND RESTRICTIONS

Additional terms of use will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms of use carefully. You agree to abide by the terms of use of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you 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 Hotwire for your hotel booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

PRIVACY

Hotwire believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy Policy .

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Site or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Hotwire and Hotwire's corporate affiliates (collectively, the "Hotwire Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Hotwire Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Hotwire may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Hotwire the right to pursue at law any person or entity that violates your or Hotwire's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms of use, please do not provide us with any Submissions.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Hotwire programs.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Hotwire may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

Hotwire's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms of Use.

PREPAID HOTEL RESERVATIONS

You acknowledge that the Hotwire Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Hotwire Companies provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Hotwire Companies and the facilitation fee retained by the Hotwire Companies for their services. You authorize the Hotwire Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Hotwire Companies' services. You agree that your credit card will be charged by the Hotwire Companies for the total reservation price. Upon submitting your reservation request you authorize the Hotwire Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Hotwire Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that the Hotwire Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Hotwire Companies for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Hotwire Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Hotwire Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Hotwire Companies for their services vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation (except for Hot Rate reservations, which are non-changeable and non-cancellable), but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms of use imposed with respect to your prepaid hotel reservations.

Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet 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. Hotwire has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, HOTWIRE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

NO WARRANTIES

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, 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; (iv) that use of this Site and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Hotwire Companies and Hotwire Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Hotwire expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this Website are intended as only general guidelines, and the Hotwire Companies and Hotwire Affiliates do not guarantee the accuracy of the ratings. The Hotwire Companies, the Hotwire Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Hotwire Companies, the Hotwire Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

The Hotwire Companies, the Hotwire Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Hotwire Companies or the Hotwire Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The Hotwire Companies, the Hotwire Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Hotwire Companies, the Hotwire Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Hotwire Company, the Hotwire Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Hotwire Companies or the Hotwire Affiliates. The Hotwire Companies and the Hotwire Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Hotwire Companies and the Hotwire Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall the Hotwire Companies, the Hotwire Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Hotwire Companies, the Hotwire Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the Hotwire Companies and the Hotwire Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Hotwire Companies, the Hotwire Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Hotwire in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Hotwire Companies and the Hotwire Affiliates and/or their respective Providers.

Some states—to the extent their law might be deemed to apply, notwithstanding the selection of Delaware law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

INDEMNIFICATION

You agree to defend and indemnify the Hotwire Companies, the Hotwire Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of this Agreement or the documents referenced herein;
2. violation of any law or the rights of a third party;
3. your use of this Website; or
4. your use of this Website for, or on behalf of, a Third Party.

LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by parties other than Hotwire. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

TERMINATION OF USAGE

User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") or through your mobile application store, including the Hotwire mobile application (the “Mobile Application”) is the copyrighted work of the Hotwire Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these terms of use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Hotwire Companies, Hotwire Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

PAYMENT METHODS

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

BANK AND CREDIT CARD FEES

Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Hotwire may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: © 2013 Hotwire, Inc. All rights reserved. Hotwire is not responsible for content on websites operated by parties other than Hotwire, Inc., Hot Fare, Hot Rate, Hotwire, Hotwire.com, TripStarter, the Hotwire logo, the Airplace “Favicon” Design and the Hotwire.com logo are either registered trademarks or trademarks of Hotwire, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address.

Claims of Copyright Infringement & Counter-Notification

Hotwire respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn't properly filled out or if the complaint is incomplete:

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by email to copyright@hotwire.com for the fastest resolution.

You may also send us your notice using the contact information below:

Hotwire, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue, WA 98004

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints

We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.

We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. Fair Use Doctrine.

For any additional questions regarding the DMCA process for Hotwire please contact us at 425-679-3756.

Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hotwire has adopted a policy of terminating, in appropriate circumstances and at Hotwire Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hotwire may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Counter-Notification

Hotwire does not tolerate false claims of copyright infringement. If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.

To expedite our ability to process your counter notification, please send us your notification using the following format:

1. Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Hotwire, Inc.’s site. Please provide the URL address if possible.
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hotwire may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
4. Sign the paper.
5. Send the written communication to the following address:

Hotwire, Inc. Attn: IP/Trademark Legal Dept., DMCA Complaints 333 108th Avenue NE Bellevue, WA 98004

OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints

For any additional questions regarding the DMCA process for Hotwire, please contact us at 425-679-3756.

PATENT NOTICES

One or more patents owned by the Hotwire Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.

GENERAL

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx
http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://www.maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

You agree that no joint venture, partnership, or employment relationship exists between you and the Hotwire Companies as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. 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 this Website 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 this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

MISCELLANEOUS

The captions in these Terms of Use are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use.

None of the Hotwire Companies or the Hotwire Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

ENTIRE AGREEMENT

These Terms of Use, together with the Travel Product Rules and Regulations, Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and Hotwire relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GOVERNING LAW

The internal laws of the State of Delaware shall govern the performance of these Terms of Use, without regard to such state's conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, USA, in all disputes arising out of, or relating to, the use of this Website and the Terms of Use.

REGISTRATIONS

Hotwire, Inc., a Delaware corporation, is located at 655 Montgomery Street, Suite 600, San Francisco, CA 94111. More information about Hotwire may be found at http://www.hotwire.com/about-hotwire/index.jsp.

Seller of Travel: Hotwire is a registered seller of travel in each of the states listed below:

California registration number: 2053390-50
Florida registration number: ST35196
Iowa registration number: 861
Nevada registration number: 20030209
Washington registration number: 602-218-781

Registration as a seller of travel in California does not constitute the state's approval.

New York Tax Registration: Hotwire's New York sales tax vendor registration number is 742938016 and its New York City hotel occupancy tax registration number is 0033922.

Please click here for additional information: New York State certificate   New York City certificate

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Customer Support Center or send us an email. Or, you can write to us at:

Attn: Customer Service
Hotwire, Inc.
655 Montgomery Street
Suite 600
San Francisco, CA 94111

©2013 Hotwire, Inc. All rights reserved.

Please click here to find the additional terms and conditions that specifically apply to:

Airline Travel, Hotel Reservation, Car Rental Services, Vacation Packages, HotDollars, and Warsaw Convention as indicated.

Travel Service Limitation of Liability

Hotwire is acting solely as an intermediary facilitating the booking of travel products and services provided by airlines, hotels or other travel service providers (collectively, "Travel Suppliers") in providing travel services, or in accepting reservations or bookings for such services to be provided to you. Hotwire does not assume liability for any injury, damage, death, loss, accident or delay due to any fault, act of negligence, omission or default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or other causes. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority or entity other than Hotwire. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.

Airline Ticket Restrictions

For Oregon Residents

Transportation, lodging and all other services are sold to you by the supplier via Hotwire on a nonrefundable basis. If you cancel any service for any reason, sums paid by you for Hotwire's service will not be refunded.

For Washington Residents

If transportation or other services are cancelled by a participating airline, all sums paid to such airline for services not performed will be refunded to the User by Hotwire within 30 days of receipt of the funds from the airline; or if the funds were not sent to the airline, the funds shall be refunded within 14 days after cancellation to the User (unless the User requests the airline or Hotwire apply the money to another travel product and/or date).

Airline Ticket Restrictions

Airline tickets available through this Site are subject to the published conditions of carriage and rules of the applicable airline. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. The following restrictions will apply:

For Hotwire Hot Rates: (formerly Hotwire Limited Rate)

1. All ticket bookings are final and cannot be cancelled, refunded, changed or transferred, even with a fee. Once you book a reservation, your credit card will be charged for the amount shown - regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings;
2. The name of the airline carrier and flight times are not shown until after payment has been made for the booking;
3. All travel will be round-trip with no unscheduled stopovers or open-jaw travel permitted. If you do not use one of the flights in your reservation, the airline will cancel your remaining itinerary;
4. All tickets will be issued for economy class only;
5. Airline tickets booked through Hotwire are not eligible to earn frequent flyer miles. Upgrades and standbys will not be permitted;
6. Flight times and routings are selected by Hotwire in advance and cannot be changed;
7. Seat assignments will be made at the airport on the day of departure;
8. Unaccompanied travelers under the age of 15 may have to pay a fee at check-in. Please check with your airline for specific policies and fees.
9. Pets are allowed on flights booked through Hotwire, pursuant to the airlines' availability and individual restrictions.

For All Other Hotwire Rates (formerly Retail Fares)

1. All ticket bookings will be subject to the standard airline rules for published-fare tickets, including, without limitation, rules regarding frequent-flyer mile accrual, seat assignment, seat reaccommodation, itinerary changes, and eligibility for upgrades and standby flights;
2. Airlines may allow itinerary changes, subject to change fees and the payment of any applicable fare difference; please refer to complete fare rules for information on changes and other restrictions.
3. All air travel must be booked as round-trip flights; no unscheduled stopovers or open-jaw travel are permitted. If you do not check in for one of the flights in your itinerary, the airline will cancel your remaining flights;
4. All tickets will be issued in economy class only;
5. Unaccompanied travelers under the age of 15 may have to pay a fee at check-in. Please check with your airline for specific policies and fees.
6. Pets are allowed on flights pursuant to the airlines' availability and restrictions; and,
7. All tickets are nontransferable.

Hotel Booking Restrictions

Hotel bookings available through this Site are subject to the published conditions of carriage and rules of the applicable hotel. Hotwire offers two kinds of rates: (1) Hotwire Hot Rate and (2) other Hotwire standard rates. A hotel rate that is accompanied by the phrase "Hotwire Hot Rate" in search results and/or on the booking details page is considered a Hotwire Hot Rate. Any rates not accompanied by the "Hotwire Hot Rate" phrase are considered other Hotwire standard rates. The following restrictions will apply:

For Hotwire Hot Rate Hotels

1. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party;
2. The name and exact address of the hotel are not shown until after payment has been made for the booking;
3. Once you book, your credit card will be charged for the amount shown even if you do not use the booking.
4. Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability).
5. Hotel room assignments are determined at check-in and upgrades are not available;
6. The maximum number of rooms that can be booked at one time is six. All hotel rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
7. Bookings made through Hotwire are not eligible for hotel reward or club programs;
8. Hotwire's minimum age requirement for checking into a hotel is 18;
9. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted; and,
10. Hotwire rates do not include special fees charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time.

For Hotwire Standard Rate Hotels

1. Once you book, your credit card will be charged for the amount shown
2. Change and cancellation policies vary by hotel and room type. The change and cancellation policy will be presented to you before you book. It will also appear in your booking confirmation email and My Account page.
3. Room type will be determined by the hotel based on the number of guests provided at time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability).
4. Hotel room assignments are determined at check-in and upgrades are not available;
5. The maximum number of rooms that can be booked at one time is six. All hotel rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
6. Bookings cannot be transferred to another party;
7. Bookings made through Hotwire are not eligible for hotel reward or club programs;
8. Hotwire's minimum age requirement for checking into a hotel is 18;
9. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
10. Hotwire rates do not include special fees charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time.

Car Rental Restrictions

Car-rental bookings and reservations available through this Site are subject to the published conditions of carriage and rules of the applicable rental agency. Hotwire offers three kinds of rates: (1) Hot Rates, (2) standard rates, and (3) pre-paid standard rates. A car-rental rate that is accompanied by the phrase "Hot Rate" in search results and/or on the booking details page is considered a Hot Rate. Any rates not accompanied by the "Hot Rate" phrase are considered standard rates. The following restrictions will apply:

For Hotwire Hot Rate (formerly Hotwire Limited Rate) car rentals

1. All bookings are final and cannot be changed.
2. The name of the rental agency is not shown until after payment has been made for the booking.
3. Reservations cannot be cancelled, refunded, exchanged or transferred to other individuals. (Once you complete a booking, your credit card will be immediately charged for the amount shown during the booking process.) Credit will not be given for unused reservations.
4. All vehicles must be picked up and dropped off at the same location.
5. Reservations made through Hotwire are not eligible for express service, car rental loyalty programs or frequent flyer miles.
6. All drivers must be at least 25 years of age to rent a car on Hotwire.
7. All drivers must present a valid driver's license and a credit card in their name with a minimum of $200 in available funds when picking up the car. If optional items are selected (e.g. insurance), additional available credit - above the initial $200 - will be required. The amount of credit necessary varies, depending on the car type and the rental period. Prepaid credit cards are NOT acceptable.
8. All car rentals include unlimited mileage.
9. Neither Hotwire nor the rental agency will accept coupons for upgrades, free days, discounts or any other promotions.
10. Optional items - such as the optional equipment, or the addition of drivers or days to your rental - must be requested and paid for at the rental counter. Such optional items are not included in Hotwire's quoted rate and will be charged by the rental agency as an additional expense.
11. Geographical restrictions may apply, even for rental contracts that feature unlimited mileage. Some car rental companies do not allow you to take their vehicles across certain domestic or international borders, or may apply an additional charge to do so.

For Hotwire standard rate car rentals

1. The names of the car rental agencies are shown on the reservation details page, prior to confirming reservation.
2. Hotwire calculates estimated charges based on the rental agency's published rates, taxes and fees. Reservation of a retail rate through Hotwire will not result in a charge on the renter's account. Actual rental charges are billed by the agency upon the renter's return of the car.
3. Reservations of retail rates may be cancelled at any time without penalty.
4. All vehicles must be picked up and dropped off at the same location.
5. Reservations made through Hotwire may not be eligible for express service, car rental loyalty programs or frequent flyer miles; please refer to the rental agency for full details.
6. All drivers must be at least 25 years of age to rent a car on Hotwire.
7. All drivers must present a valid driver's license and a credit card in their name with a minimum of $200 in available funds when picking up the car. If optional items are selected (e.g. insurance), additional available credit - above the initial $200 - will be required. The amount of credit that is necessary varies, depending on the car type and the rental period. Prepaid credit cards are NOT acceptable.
8. If possible, Hotwire will submit coupons for discounts, upgrades, free days, or other promotions, but we cannot guarantee they will be accepted at the agency. Read your coupon carefully so that you're familiar with any restrictions. Present the coupon when you pick up your car. Final pricing will be determined by the rental agency.
9. Geographical restrictions may apply, even for rental contracts that feature unlimited mileage. Some car rental companies do not allow you to take their vehicles across certain domestic or international borders, or may apply an additional charge to do so.

For Hotwire pre-paid, standard rate car rentals

1. Your credit card will be charged by the rental agency you select  at the time of booking for the full rental amount shown.
2. Your booking will be subject to the terms and conditions of the rental agency you select.
3. Prepaid rates cannot be combined with any other rental agency promotional offer.
4. Partial refunds will not be issued for unused car days.
5. Many rental agencies do not accept debit cards, or online-only, virtual credit cards or any other type of "single-use" card number security product or one–time use credit card number that may be provided by credit card companies for online use (collectively restricted cards). If you intend to use one of the above cards you must call the rental agency prior to booking. Hotwire will not be responsible for any cost or non-refundable amount incurred as a result of the use of a restricted card.
6. You must contact the rental agency directly to cancel your reservation.
   1. If your reservation is with Alamo, please call Alamo at 1-800-462-5266 to cancel your reservation. Cancellations more than 24 hours before pick up time will be charged a $5 cancellation fee, and cancellations within 24 hours of pick up time will be charged a $10 cancellation fee. The original amount paid minus the cancellation fee will be refunded to your credit card.
   2. If your reservation is with Hertz, please visit www.hertz.com and use the "Modify/Cancel" option to change or cancel your booking. Any changes to the reservation may impact the rental charges. If a prepaid reservation is cancelled more than 24 hours before the pickup time, a $50 cancellation fee will be assessed. If the prepaid reservation is cancelled within 24 hours before the pickup time, a $100 fee will be assessed.
7. A credit card and matching drivers license will be required at the time of rental pickup. The credit card presented must be the same credit card used to prepay the reservation. Sufficient credit must be available for a deposit. Amount of available credit required depends on car type, rental period and optional items.
8. All drivers must be at least 25 years of age to rent a car on Hotwire.
9. Optional items such as the addition of drivers or days to your rental must be requested and paid for at the rental counter. Such optional items are not included in Hotwire's quoted rate and will be charged by the rental agency as an additional expense.
10. Geographical restrictions may apply, even for rental contracts that feature unlimited mileage. Some car rental companies do not allow you to take their vehicles across certain domestic or international borders, or may apply an additional charge to do so.

Vacation Package Restrictions (For all packages booked on or before 9/17/09)

1. Vacation packages available through this Site will be subject to the published conditions of carriage and, as applicable, rules of the applicable airline, hotel or car rental company. The following restrictions will apply:
2. All bookings and ticket bookings are final, and cannot be changed;
3. The name of the airline carrier and exact flight times are not shown until after payment has been made for the booking;
4. Any package including an airline ticket booking is subject to the restrictions listed in the Airline Ticket Restrictions section (above);
5. Any package including a hotel booking is subject to the restrictions listed in the Hotel Booking Restrictions section (above); and,
6. Any package including a car rental booking is subject to the restrictions listed in the Car Rental Restrictions section (above).

Vacation Packages Restrictions (For all packages booked after 9/17/09)

1. The airfare in this package is non-refundable. Credit may be issued as per applicable airline policies less airline change fees.
2. Hotwire vacation packages can be canceled according to the cancellation rules of the individual components making up the packages (see below for the specific rules of the components of your packages).
3. You may cancel your hotel without affecting your other travel item(s).
4. Your flight may be changed but not canceled unless noted below.
5. You must call 1-866-819-6128. For international calls, contact 001-702-939-2525 to change or cancel your package.
6. Your credit card will be charged for the indicated amount at the time of booking.
7. A "cancellation" is defined as any change made to the name of a traveler when booked (e.g. a change from "J. Smith" to "John Smith"), the substitution of one traveler in place of another, a reduction to the number in the party, and/or the termination of the entire trip. All other changes to a reservation constitute a revision.
8. No prices, flights, hotel availability, rental car availability, attraction and service availability, or dates of travel are confirmed until a required payment is received.
9. All travelers must travel on the same itinerary.
10. Delivery addresses must be street addresses. No P.O. boxes will be accepted. This does not apply to e-tickets (ticketless travel).
11. Electronic confirmation and documentation will be sent to the e-mail address listed on the Email Options page.
12. For general terms and conditions that also govern your purchase of the vacation package, please refer to our vacation packages Web site terms and conditions. Prices for vacation packages are subject to change without notice, and reservations are based on availability. Hotwire Vacations powered by Expedia reserves the right to correct an error in any advertised price prior to your departure. The vacation package price does not include ground transportation unless otherwise specified in your itinerary.

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a Hotwire Request for airline tickets, hotel rooms or other services, the User agrees that the total cost shown to the customer will automatically be charged to the credit card submitted by the User. The total cost shown will include all taxes, charges, surcharges, shipping/handling and Hotwire Request resubmission or other fees. Such amounts will be posted on this Site but will not be separately itemized. Rather, all tax recovery charges, fees, charges, surcharges, shipping/handling and Hotwire Request resubmission or other fees will be presented together as "Tax Recovery Charges and Fees."

You agree that your credit card will be charged for the full cost of your reservation upon submitting your booking request. The cost of your airline ticket booking is the total of: the indicated price per ticket which includes a tax recovery charge plus an additional amount for our service fees, including a booking fee. The cost of your hotel booking is the total of: the indicated nightly room rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges, our service fees and any taxes required to be collected by a tax authority. The cost of your rental car booking is the total of: the indicated rental rate multiplied by the number of days in your reservation, plus an additional amount for the tax recovery charges and our service fees. The cost of your package booking is the total of: the indicated price per person multiplied by the number of travelers, plus an additional amount for the tax recovery charges, our service fees and any taxes required to be collected by a tax authority. The tax recovery charge is assessed to recover the amount we pay to the vendor in connection with your reservation, including sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. Our service fee varies based on the amount and location of your reservation and can include variable fees and may be rounded up to the nearest dollar. Additionally, the tax recovery charge is assessed on the nightly room rate that we pay to the vendor for the hotel room reservation, which may be less than the nightly room rate charged to the User.

For tax recovery charges, we are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us and we remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the airline ticket, hotel, rental car, etc. customer.

HotDollars

You must be a registered Hotwire user to earn and redeem HotDollars. You may use HotDollars only toward the full or partial cost of any booking on Hotwire of a hotel, flight or Hotwire Hot Rate rental car. All bookings are subject to applicable terms and conditions. One (1) HotDollar is equal in value to one (1) U.S. dollar. If you change or cancel a booking for which you used HotDollars, you will not receive a refund of the redeemed HotDollars. HotDollars must be redeemed from the account into which they were deposited. They are not transferable, assignable or redeemable for cash. HotDollars expire one (1) year after date of issuance. You may view your HotDollars balance at any time in the My Account section of Hotwire. Hotwire reserves the right to modify or discontinue the HotDollars program, or to restrict its availability to any person, in its discretion, at any time, without prior notice or liability to you. Our failure to enforce any provision of these HotDollars terms and conditions shall not constitute a waiver of that or any other provision.

Warsaw Convention

CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES

Please read the regulations below. Note: When you purchase this ticket, you agree to accept these rules and restrictions.

WARSAW CONVENTION AND MONTREAL CONVENTION

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY. FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

NOTICE OF LIABILITY LIMITATIONS

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.

Where the Montreal Convention applies, the limits of liability are as follows:

1. There are no financial limits in respect of death or bodily injury.
2. In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,300; US $1,700) per passenger in most cases.
3. For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,400; US $7,100) per passenger in most cases.

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air.Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

Where the Warsaw Convention system applies, the following limits of liability may apply:

1. 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
2. 17 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
3. The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.

Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

Notice of Contract Terms Incorporated by Reference

1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier's individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
2. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
3. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
4. The Conditions may include, but are not restricted to:
   
   
• Conditions and limits on the carrier's liability for the bodily injury or death of passengers.
• Conditions and limits on the carrier's liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
• Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
• Application of the carrier's Conditions and limits of liability to the acts of the carrier's agents, servants and representatives, including any person providing either equipment or services to the carrier.
• Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
• Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier's right to refuse carriage.
• Rights of the carrier and limits on the carrier's liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
• Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier's airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

DENIED BOARDING: Airline Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for compensation of the airline’s choosing. If there are not enough volunteers, the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions, including failure to comply with the carrier’s check-in deadline, which is available upon request from the air carrier, persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline’s boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with your airline.

BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier.Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage:Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL: For domestic travel wholly between US points, federal rules require any limit on a carrier's baggage liability to be at least US$3400.00 per passenger, or the amount currently mandated by 14 CFR 254.5.

CHECK-IN TIMES. The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.

DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.

Revision Date June 13, 2013