Rakuten Hotels is provided to assist you in searching for hotels and making hotel reservations. As a condition of your use of this Rakuten Hotels, you warrant that: 1) you are at least 18 years of age; 2) you will use Rakuten Hotels in accordance with these terms; 3) you will only use Rakuten Hotels to make legitimate reservations for you or for another person for whom you are legally authorized to act; and 4) any and all information supplied by you on Rakuten Hotels is true, accurate, current, and complete. Rakuten has the right to change these terms in whole or in part, at any time, with or without notice.
When you make a reservation on Rakuten Hotels ("Booking"), you will earn a portion of your purchase in cash back. Cash back is calculated on the amount you pay for your Booking only. Cash back is not available on any insurance, taxes, service fees, charges for optional incidentals (such as minibar snacks or telephone calls), regulatory surcharges, and any other fees, charges, and surcharges that the hotel may assess upon check-out. For more information on exclusions, please review the list of exclusions on Rakuten.com. When you are signed into your Rakuten account, you may view nightly rates with the expected cash back already deducted from the rate ("After Cash Back Rate"). The After Cash Back Rate is not a discount. You will still be charged by the full nightly rate and earn your cash back after your stay. Cash back is only paid on completed hotel stays. Please allow up to fourteen (14) days after your hotel stay for cash back to be added to your account. Cash back will be paid out in accordance with the Terms & Conditions of the Rakuten cash back shopping program.
Separate terms and conditions from the hotel and/or hotel supplier ("Hotel Supplier") will apply to your Booking. These terms will be made available to you during the booking process and on the Hotel Supplier websites. Please read those terms and conditions carefully before making any Bookings. You agree to abide by the terms imposed by any Hotel Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Hotel Supplier's rules and restrictions regarding your stay.
You may view your past and upcoming Bookings on Rakuten Hotels at any time. Any cancellations will be subject to the policies of the Hotel Supplier, which may include minimum nightly rate charges, penalties, tax recovery charges, and other service fees set forth in the Hotel Supplier policies. Cancellation does not guarantee a refund. Please review the cancellation policies of the Hotel Supplier prior to making your Bookings. If you cancel or modify your Booking outside of Rakuten Hotels (for example, over the phone or with the Hotel Supplier directly), we will not be able to track your Booking and credit your cash back. To ensure your cash back is properly credited to your account, please make any and all modifications to your Bookings on Rakuten Hotels. This may mean canceling a reservation and rebooking it on Rakuten Hotels.
We will provide you support for issues relating to your cash back and issues with operation of the Rakuten Hotels. If you are dissatisfied with any aspect of your hotel experience, your sole and exclusive remedy is to contact the Hotel Supplier.
You agree that we may communicate with you by means of electronic communications regarding these terms, your Bookings, your payment information, and any other matter relating to your use of Rakuten Hotels.
When you use Rakuten Hotels, we may also collect and store information relating to your use of Rakuten Hotels ("Usage Information"). Usage Information may include, but is not limited to, information about past and upcoming Bookings and your search history on Rakuten Hotels. We may use and share Usage Information to:
1. Manage your account and provide you information about your Bookings.
2. Provide you benefits and rewards, such as cash back.
3. Provide you more relevant offers that may be of interest to you in the future.
4. Improve your experience on Rakuten Hotels and our products and services.
5. Assess the results of our marketing campaigns.
We cooperate with government, law enforcement officials, and private parties to enforce and comply with the law. We may share your information in response to a legal request (like a search warrant, court order, or subpoena) if we have a good faith belief that the law requires us to do so. We may also share information when we have a good faith belief it is necessary to detect, prevent, investigate, and address fraud and other illegal activity or to protect ourselves, you, and others. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of Rakuten Hotels. Information we receive about you, including payment information related to your Bookings, may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
We, along with our corporate affiliates, the Hotel Suppliers, and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Rakuten Hotels. You will not copy or transmit any of the material except for your personal, non-commercial use. Your use of and access to Rakuten Hotels does not grant you any license or right to use any of the marks included on Rakuten Hotels.
We try to keep Rakuten Hotels safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to Rakuten Hotels. Booking updates and other notification functionality from us, our partners, and Hotel Suppliers may not occur in real time. Such functionality is subject to delays beyond our control. BY USING Rakuten Hotels, YOU AGREE THAT YOU ARE USING RAKUTEN HOTELS AND MAKING Bookings at your own risk, and that they are provided to you on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates) and our officers, directors, agents, and employees are not liable, and you agree not to hold us responsible, for any damages or losses, including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, consequential damages, or damages resulting directly or indirectly from your use of or your inability to use Rakuten Hotels; pricing and hotel descriptions provided on Rakuten Hotels; delays or disruptions on Rakuten Hotels; glitches, bugs, errors, or inaccuracies of any kind on Rakuten Hotels; content, actions, or inactions of third parties; your hotel experience; a suspension or other action taken with respect to your account or breach of these terms; or the manner in which the hotel offerings appear on Rakuten hotels. To the MAXIMUM extent allowed by law, our total liability to you for any damages related to your use of Rakuten Hotels, regardless of reason, will not exceed US$100.
We reserve the right, at any time, to modify or discontinue offering Rakuten Hotels in our sole discretion. If you are dissatisfied with any aspect of the Rakuten Hotels at any time, your sole and exclusive remedy is to cease using Rakuten Hotels. You agree that we will not be liable to you or to any third party for any modification, suspension, or termination of Rakuten Hotels.
Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards, or any misrepresentation of any information furnished to us, our partners, or our affiliates by you or anyone acting on your behalf may result in the termination of your account and/or forfeiture of your benefits and rewards, including any cash back. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of your use of Rakuten Hotels.
Dated: November 17, 2016