Terms and Conditions

Last Revised 22 September 2020

These Travel Services Terms & Conditions (the "Travel Terms") apply to your access to the websites listed below and use of the travel related products, services and content booked through these websites or a service centre (as applicable) (collectively, the "Travel Services").

Websites:

  • https://hotels.airnewzealand.co.nz

The terms "we", "us", "our" refer to Expedia, Inc. and its subsidiaries and corporate affiliates, including Travelscape, LLC. Travel Services are provided by third parties such as hotels and airlines (“Suppliers”) and may be subject to additional terms or policies, including, but not limited to, the rules and restrictions and other policies described in this agreement. The term "you" refers to the customer accessing the Travel Services and/or booking a reservation through the Travel Services. By accessing or using the Travel Services or booking any reservations for travel products or services on the Travel Services, you agree to these Travel Terms. If you do not agree to these Travel Terms, do not access the Travel Services or book any reservations through the Travel Services.

DISPUTES ARISING FROM TRAVEL SERVICES

Our performance of these Travel Terms is subject to existing laws and legal process, and nothing contained in this these Travel Terms limits our right to comply with law enforcement requests or other requirements or legal requests relating to your use of the Travel Services 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 the Travel Services 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.

PROHIBITED ACTIVITIES

The content and information on the Travel Services (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 and the Suppliers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through the Travel Services, 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 the Travel Services. Additionally, you agree not to:

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

If your booking or account shows signs of fraud, abuse or suspicious activity, we or our Suppliers may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. If you have conducted any fraudulent activity, we and our Suppliers reserve the right to take any necessary legal action and you may be liable for monetary losses to us and our Suppliers, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact us.

SUPPLIER RULES AND RESTRICTIONS

The information displayed on this Website concerning specific travel products and services is provided to us by the relevant Suppliers. This includes, but it not limited to, information about airfare and hotel prices, rules and availability and the description of hotels and their amenities. We are not responsible for such information and we rely on the accuracy of the information supplied by the relevant Suppliers. If we become aware that the information provided by a Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Suppliers may change their prices without notice. We and our Suppliers reserve the right to cancel your booking if full payment is not received in a timely fashion.

You acknowledge that some Suppliers 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 breach 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 us or our Suppliers debiting your account for any costs we or they incur as a result of such violation.

We and our Suppliers are not liable for any costs incurred due to hotel relocation.  We do not operate or control the travel-related products and services displayed on the Website. Nor do we act as co-vendors with Suppliers with whom customers book travel products or services

PREPAID HOTEL RESERVATIONS

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

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice us for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as co-vendors with the Supplier with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us 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 you. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us vary based on the amount and type of hotel reservation.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel, 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 rules and restrictions 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 the Travel Services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on the Travel Services may vary depending on the rates in effect at the time of your hotel stay.

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact us directly. One of our travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

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 us for your hotel booking. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant Supplier are unrelated to any payment made through the Website for your hotel booking.

If you are a business traveller you will not receive a tax invoice for your booking. Some of our companies are not required to issue tax invoices for the Pay Online Now option.

Payments and Fees:

Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

THIRD PARTY REWARDS PROGRAMS

If you are a member of a Supplier’s frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. We do not accept any responsibility if the relevant supplier does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase.

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. We have 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.

LIABILITY DISCLAIMER

By offering reservations for travel products in particular international destinations, we and the Suppliers do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations.

The Travel Services may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, we and the Suppliers 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 and other travel products and services displayed on the Travel Services (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we and the Suppliers expressly reserve the right to correct information including, without limitation, any pricing errors on the Travel Services and/or amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation.

Ratings displayed on the Travel Services are intended as only general guidelines, and neither we nor any Supplier guarantees the accuracy of the ratings. To the maximum extent permitted by law, we and the Suppliers make no guarantees about the availability of specific products and services. We and the Suppliers may make improvements and/or changes on the Travel Services at any time.

To the maximum extent permitted by law, neither we nor any Supplier makes any representations about the suitability of the information, software, products and services contained on the Travel Services for any purpose, and the inclusion or offering of any products or services on the Travel Services does not constitute any endorsement or recommendation of such products or services by us or any Supplier. All such information, software products, and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, we and the Suppliers disclaim all warranties and conditions that the Travel Services, its servers or any email sent from us or Suppliers are free of viruses or other harmful components. To the maximum extent permitted by law, we and the 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 Suppliers are independent contractors and not agents or employees of us. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and, to the extent permitted by law, 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.

To the maximum extent permitted by law, in no event shall we or any Supplier 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 the Travel Services or with the delay or inability to access, display or use the Travel Services (including, but not limited to, your reliance upon opinions appearing on the Travel Services; any computer viruses, information, software, linked sites, products and services obtaining through the Travel Services; or otherwise arising out of the access to, display of or use of the Travel Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we or a Supplier has been advised of the possibility of such damages.

In relation to any liability which cannot be excluded by law or if, despite the limitation above, we or a Supplier is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of each of us and any Supplier will in no event exceed, in the aggregate, the greater of (a) the service fees you paid in connection with the Travel Services, 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 Travel Terms is found to have failed of its essential purpose. The limitations of liability provided in these Travel Terms inure to the benefit of us and the Suppliers.

If any warranties are implied by law that cannot be excluded or limited, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:

  1. in the case of products:
  2. the replacement of the products or the supply of equivalent products;
  3. the payment of the cost of replacing the products or acquiring equivalent products;
  4. in the case of services:
  5. the supply of the services again;
  6. the payment of the cost of having the services supplied again.

INDEMNIFICATION

You agree to defend and indemnify us and the Suppliers and our and their respective parents, subsidiaries, affiliates and each of our respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your:

  • breach of these Travel Terms;
  • violation of any law or the rights of a third party; or
  • use of the Travel Services.

SOFTWARE AVAILABLE ON THE TRAVEL SERVICES

Any software that we make available to download from the Travel Services ("Software") is the copyrighted work of us, Suppliers and/or our third-party providers and distributors. 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 not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable, revocable license to download, install and use the Software for viewing and otherwise using the Travel Services and/or accessing the content and information in accordance with these Travel Terms and any other applicable terms or policies and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on the Travel Services, is owned by us, Suppliers, and/or their third-party providers and distributors, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

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.

COPYRIGHT AND TRADEMARK NOTICES

The contents of this Website and the logos and products mentioned herein are © 2017 by us and/or the Suppliers.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you 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 fax to (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or by email to exp-copyright@expedia.com.

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  • Identification of the specific content that was removed or disabled and the location that content appeared on the Website. Please provide the URL address if possible.
  • Your name, mailing address, telephone number and email address.
  • 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 we may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  • 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.”

Sign the paper and send the written communication by fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or via email to: exp-copyright@expedia.com.  For any additional questions regarding the DMCA process, please contact us at (425) 679-3751.

PATENT NOTICES

One or more patents owned by us 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

Travelscape’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960.

Please click here for additional information:

New York State Certificate of Authority

New York City Certificate of Authority

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

This Website is operated by Expedia, Inc.  This Agreement is governed by the laws of Auckland, New Zealand. You hereby consent to the exclusive jurisdiction and venue of courts in Auckland, New Zealand in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our Service centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph.

We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this Website

If any part of these Travel Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. 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.