Agoda Terms of Use – June 2020

Agoda welcomes you (“you”) to its website and mobile applications (the “Site”). The terms "Agoda", "we" or "us" refer to Agoda Company Pte. Ltd. and the term "Agoda Companies" collectively refers to Agoda and relevant Agoda’s affiliates, including but not necessarily limited to Agoda Services Co., Ltd. (Thailand), Agoda International Pte. Ltd. (Singapore, the UK establishment and other local branches), Agoda International Travel Operations Pte. Ltd., Agoda Travel Services Pte. Ltd. (Singapore), Agoda International (Malaysia) Sdn. Bhd., Agoda International (Hong Kong) Ltd., Agoda International Hungary Kft., Agoda International Japan KK, Agoda International USA Inc.

References to the Site are deemed to include derivatives thereof, including but not necessarily limited to websites and applications, whether accessed by mobile phone, tablet or other device. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Agoda, you acknowledge and agree having read, understood and agreed to the Terms of Use.

Our different policies and guidelines, which can be found throughout the Site, including but not limited to, the Privacy Policy, Shop Safe Policy, Cancellation Policy, Refund Policy, Terms and Conditions of the Agoda Rewards Program, FAQs, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference.

The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and the Agoda Companies with respect to their subject matters unless explicitly stated otherwise.

1. Scope of our Services

A. Flight Reservation

Through the Site, Agoda provides an online platform through which you can browse different air and air-related transport services (collectively, the “Flight(s)”) including routes, schedules, fares, fare conditions and terms and conditions on which these services are provided and which form part of the Flights, make reservations for Flights, including making payment for such reservations of Flights in advance with a credit card, debit card or such other payment method to facilitate the processing of such payment (“Payment Instrument”). By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract formed in Singapore pursuant to the Terms of Use when accepted for the Flight and consequently Agoda. You will receive proof of the confirmed Flight booking via an e-mail confirmation, which means the reservation has been confirmed for the Flight. The “thank you page” means your reservation request has been received and is complete for final processing, no further action is required by you. We reserve the right to reject bookings as set out below.

In relation to the Flights:

The terms and conditions of the airlines who are named as carriers of the Flights will apply to the Flights.

You agree to be bound by the terms and conditions of carriage of the airline which issues the ticket, including in particular in relation to payment, cancellation, reservation modification, scheduled times and dates, liability and fare restrictions and conditions. These terms and conditions will apply to the Flights

You are responsible for reviewing their terms and conditions carefully and these are available on the airline website, which can be accessed directly or using the link on the Site, where available.

When rendering our facilitation services, the information that we disclose about the Flights is based on the information provided to us by the suppliers or providers, including but not necessarily limited to the airlines, their representatives, and distributors. As such, the airlines or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, travel policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our facilitation services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each airline remains responsible at all times for the accuracy, completeness and correctness of the Flight information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the airline. Please note that Agoda is one of many channels airlinea use to make their inventory available for reservation. When a search result indicates that a particular Flight has no more seats available, that means the fare or route type is not available for reservation through Agoda.

The airline operating the Flights may reschedule or cancel the Flights and this may not always be with prior notice. Agoda is not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights and failure by the airline to provide you with notice of changes to the Flights. We recommend you buy travel insurance to address the consequences of such situations.

The Site does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Flight or airline listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status, reliability or adequacy of any Flight or airline listed on the Site. Agoda has a “Preferred Partner” program whereby certain selected suppliers have the opportunity improve their visibility on the Site. Where available, the Preferred Partner listings will be marked or contain wording for clarity. In certain circumstances, Agoda may also offer airlines the option to get a sponsored listing, i.e. to pay for a top spot. Such sponsored listing will be marked or contain wording for clarity.

We reserve the right not to accept you or your bookings or, in exceptional cases, to cancel confirmed ones at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting you or your booking include, but are not limited to: Flight request(s), reselling of Flights booked through the Site on an individual or mass basis without our prior written approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN, Singapore), etc. In case a booking is rejected or cancelled by Agoda and a payment has already been made, you will receive a refund of the total booking value, except in the case of unauthorized Reselling, in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof or where the terms and conditions of the fare do not allow for refunds. Refunds will not be issued in the event of unauthorized Reselling due to many negative factors including the disadvantage such practice imposes on our authorized and contracted affiliate partners, airlines or other suppliers who provide Agoda with inventory on a contracted and trusted basis and the loss and negative brand impact caused to Agoda due to unauthorized Resellers attempting to undercut Agoda’s business which may include placing the resold inventory on sites run by competitors of Agoda without our knowledge. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. If you are blacklisted, you agree not to attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.

In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. The booking or awarded points will be adjusted, or, where relevant, the amount charged will be reimbursed without charge in such cases. Whether to cancel or reject a booking for this reason is in Agoda’s sole discretion.

Please note that suspected group bookings can also be rejected or cancelled by Agoda or the airline as some airline have specific procedures for group bookings. Contact our Customer Service team for more information.

2. Use of the Site

As stated above, the Terms of Use form an agreement between you and Agoda Companies. Agoda also works with other companies, including but not limited to Booking Holdings, Inc to offer reservations options worldwide to guests. In some cases, you will receive a confirmation referring to such other companies.

Agoda grants you a limited, restricted, personal, non-transferable, non-sub-licensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Agoda or the suppliers and providers, including Flights and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Agoda and acknowledge that Agoda may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to 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 the Site. If you have an Agoda account, you also agree to carefully safeguard and protect your account details and information, for which you are personally and fully responsible.

In addition, you agree not to:

· access, use or attempt to use the Site where this is not permitted by local law;

· use the Site or its contents for any non-authorized commercial purpose (e.g. forward distribution or resale of bookings without permission);

· make any speculative, false, or fraudulent booking;

· make or seek to make a booking with false, incomplete, superseded, expired or inaccurate information;

· use the Site or its contents to make bookings for another person for whom you are not authorised to do so or whose prior consent to do so you have not obtained

· access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;

· violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;

· 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 Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;

· re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;

· "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;

· deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;

· deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;

· deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;

· deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;

· deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

· impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;

· manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

· use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;

· attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;

· obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;

· engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;

· do anything else which could cause damage to the Site, Agoda Companies and their employees, Agoda’s reputation, or would otherwise have a negative impact; or

· procure, arrange, aid or abet any of the above.

Hyperlinks to websites operated by third parties are only provided for your reference. Agoda takes no responsibility for the content of these websites and has no control over their content, access and privacy policies. Agoda also takes no responsibility for the consequences of accessing these websites, including exposure to hard- and software viruses, spy- and malware. We do not endorse or recommend these websites or any of their contents.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Agoda.

By making a reservation on the Site, you represent and warrant that you are not subject to any international sanctions program or restrictions.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise, as required by your country of residence.

3. Prices, Additional Charges, Taxes and Fees, Agoda exchange rates

A. Prices

We strive to have the most competitive prices and we want you to pay the lowest fare possible for your flight. Sometimes cheaper fares are available on the Site for a Flight, for the same flight sector/s on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your reservation. The same flight sector/s may have different rates, depending on such restrictions and conditions (see also section 6 below).

B. Additional Charges

Please note that all prices on the Site are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. Except where indicated otherwise, Agoda will typically display the rate exclusive of tax and service charges (see below for more details) on the Site and display these additional tax amounts and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking and after you have provided details of your method of payment. Where the actual credit card fee charged by your credit card issuer can only be confirmed by your credit card issuer once payment has been made, the total inclusive price during the booking path and on the final booking page will display the maximum credit card fee as advised by our suppliers. The actual credit card fee will be stated in your confirmation email and can be lower than the stated maximum credit card fee. Credit card fees are determined and calculated by our suppliers or your credit card issuer and not by us and we have no control over these fees. Display settings may vary, but this will at the latest show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the fare is displayed on the Site (under the Flight information section or prior to the final booking confirmation) and/or in the confirmation email. Please verify the Flight description or policies on the Site. We may also charge a booking fee for certain types of bookings. This will be displayed in the booking form and confirmation screen as an Agoda Booking Fee. This booking fee may also be charged separately to the Flight reservation, taxes and charges, depending on your Payment Instrument. This Agoda Booking Fee would be in the Display Currency and converted into the Payment Currency (see below for more details). Insurance of any kind is never included in the rates. You may also be charged directly by the airline for fuel and insurance surcharges, baggage handling fees, seat allocation, meals, priority boarding, or in-flight entertainment fees. The practice of airlines to add additional Flight fees is outside Agoda’s control. Needless to say, optional incidental fees and personal consumption expenses and charges are not included in most fare types Please check the airline website, “Flight Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.

Please note that Agoda does not organize any ground transportation, this is always organized by and offered by or on behalf of the airline or one of our partners, who are responsible for such transportation services, not Agoda. Agoda does not assume any liability for the quality, safety, frequency or service levels of such transportation services. Please verify with Customer Service which extra fees are (not) included.

C. Additional Charges for Ancillary Services

Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that may be applicable to your reservation (for example: airport tax).

D. Currency Conversion

You may view the fares for the Flights in the following currencies:

· Display Currency means the currency in which you choose to view prices on our Site.

· Payment Currency means the currency in which you choose to pay for a booking.

Account provider rates

If your Payment Currency is different from the currency of your credit card or bank account and/or the currency in which the fare, taxes and charges are quoted, your bank, card issuer, our suppliers or the airline will determine the exchange rate to use when the transaction is applied to your account. Your account provider may offer a higher or lower rate than Agoda, and may charge you additional fees for a foreign currency transaction. Agoda does not control or benefit from your account provider’s exchange rate or fees charged by your bank, card issuer or the airline.

Agoda rates

If your Payment Currency is the same as the currency of your credit card or bank account, but different from your Display Currency, Agoda will use our Indicated Rate or Daily Adjusted Rate or the rate provided by the airline, your bank, our suppliers or card issuer to convert prices. The applicable rate will depend on choices you select when viewing listings and making a booking. The Indicated Rate or Daily Adjusted Rate are, as described below.

Indicated Rate – Bloomberg Generic Composite Rate mid-rate on the current day.
Daily Adjusted Rate – Bloomberg Generic Composite Rate on the day payment is processed plus 5%.

When you choose to have Agoda handle the currency conversion on the transaction, we will not charge you an additional transaction or service fee.

Converted currency prices are indicative

If you choose a fare which is priced in a currency that is different from your Display Currency, Agoda will display indicative prices converted using our Indicated Rate. The converted Display Currency price is a preliminary estimate of the price in your Display Currency and is not firm or binding. The converted price in the Display Currency is provided for your convenience, to allow you to compare different fares and conditions in the currency you prefer to use.

Pay Now bookings

When you select your Payment Currency on the booking page, we will update your total price to show the amount we will process to your payment account. We can do this because we know the exchange rate at that time. If you choose a Payment Currency that is different from the Display Currency, Agoda will use the Daily Adjusted Rate to convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert currencies.

A Word on Charges for Taxes and Fees

In connection with facilitating your Flight transaction, the charge to your Payment Instrument may include an amount for charges, taxes and fees (“Taxes and Fees”) unless indicated otherwise. In relation to Flights, this charge includes an estimated amount to recover the amount Agoda Companies pay on your behalf to the airlines in connection with your reservation for taxes owed by the airlines, in respect of their service to you, including, without limitation, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the airlines. The amount paid to the airlines on your behalf in connection with your flight sector/s for taxes may vary from the amount Agoda Companies estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee Agoda Companies retain as part of the compensation for our facilitation services and to cover the costs of facilitating your reservation, including, for example, customer service costs. If the balance is negative, Agoda Companies will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Agoda Companies pay the airlines on your behalf and the destination and duration of the Flight and may include profit that Agoda Companies retain.

Except as described below, Agoda Companies are not the vendors collecting and remitting taxes to the applicable taxing authorities. The Flight suppliers, as vendors, include all applicable taxes in the amount billed and Agoda Companies pay over such amounts on your behalf directly to the vendors. Agoda Companies are not co-vendors associated with the vendors with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving Flight suppliers located within certain jurisdictions, the charge to your Payment Instrument for Taxes and Fees includes a payment of tax that Agoda Companies are required to collect and remit to the jurisdiction for tax owed on amounts Agoda Companies retain as compensation for their facilitation services.

In relation to Ancillary Services, calculation of applicable taxes and fees will be set out in our or our Partner’s terms and conditions.

4. Privacy

We respect your privacy. Please have a look at our Privacy Policy for further information.

5. Payment - Credit Card –– Age - Fraud

For pre-paid Flight bookings through Agoda as your facilitator, you authorize us to collect and process (including the collection and processing through a third party) your information required by processing service providers or the financial institution that issues your Payment Instrument such as a credit or debit card in order to verify your identity. Personal information collected about you and that may be shared to such third parties (including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.

To complete payment for such pre-paid Flight bookings, you authorize the applicable Agoda Companies to charge or debit your Payment Instrument for the full price, sometimes without any option for refund depending on the Flight’s booking conditions, see below, upon reservation and confirmation of the booking. If the Payment Instrument cannot be charged on the date of payment for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Agoda Companies will process refunds, if and when applicable, within a reasonable timeframe. You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. In order to safeguard and encrypt your Payment Instrument information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services. Please note that your bank may impose additional fees on the transaction, over which Agoda Companies have no control.

Certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you, the card user. Please contact your issuing bank for details as this is outside the control of Agoda Companies.

In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Agoda, please contact our Customer Service team immediately.

In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

You undertake that the details you provide us with in making a booking are fully correct. Agoda Companies reserve the right not to accept certain Payment Instruments. Agoda may add or remove other payment methods at its discretion. For increased convenience, Agoda now also offers the option to have your Payment Instrument details securely stored on file. For more details, have a look at our Privacy Policy.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. Reservations are not confirmed until you have received a confirmation email and it is possible that a Flight could become fully booked during the fraud check, in which case the reservation will no longer be available. Agoda can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

A word about failed payments

For a variety of reasons, payment on the Site may fail. In such cases, a new booking should be made. If you have any questions, please contact our Customer Service department.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

6. Booking conditions - Cancellations, No-Shows, Refunds– Specific Flight Policies - Special Needs – additional Agoda services or products

By making a Flight reservation on our Site, you accept and agree to the relevant Flight booking conditions, including refund, cancellation and no-show policies applicable to that booking, and to any additional terms and conditions of the Flight that may apply to your flight sector/s. The terms and conditions of carriage for a Flight can be obtained from the airline. The general cancellation and no-show policy of each Flight is available on the airline website and made available on the Site at the Flight information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email. Please note that you may be charged for your cancellation in accordance with the Flight’s cancellation and no-show policies. We recommend that you read the refund, cancellation and no-show policies of the Flight carefully prior to making your reservation. If you fail to check in for your Flight or do not travel on a flight for which you have received a boarding pass, the remaining flight sector/s may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Flight. Regardless of the Flight’s cancellation policy, Agoda Companies reserve the right to charge a cancellation fee and this will be indicated on the Site. Please carefully check the Flight details thoroughly for any such conditions prior to making your reservation.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service. There will be an additional charge or fee of up to USD 10 per passenger for changing your reservation and this would be in addition to any charges by the airline to change your booking. The additional charges or fees will be applicable at the time you make changes to or cancel your reservation.

Many airlines have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the airline itself or to verify the Flight policies.

Special Needs: If you have special needs, such as requiring a wheelchair, you must contact Customer Service or the airline and verify that special needs can be met. Special needs are the responsibility of the airline and not of Agoda. Please note that all special requests are subject to availability and cannot be guaranteed by Agoda. Depending on the policy of the applicable Flight, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

A word about Agoda Price Alerts

You may elect to set Agoda “Price Alerts” for Flights found on our Site, where available. If selected, we will send you a Price Alert when prices for your selected Flight(s) and for the indicated time frame on our Site change. Sending a Price Alert will only be triggered if the Flight price changes beyond a "materiality" threshold we set. The type of Price Alert sent to you will depend on the medium you use, that is by email if your chosen Site is the Agoda website or by push notification if your chosen Site is our Agoda app. You are responsible for updating your Price Alert settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for the selected Flight or another Flight for the indicated time period until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. Additionally, we will, of course, provide you with the ability to opt out of receiving Price Alerts at any time by clicking on the “turn off price alerts” or a similar message found in the Price Alert sent to you. For more information on this, please see our Privacy Policy.

A word about fares with multiple airlines

We may offer fares which are a combination of one way flight sectors and this could involve different airlines. If you book such a Flight, each flight sector will be subject to its own terms and conditions. Changes to one flight will not automatically be applied to the other flight sectors and these will need to be changed individually. This may result in separate fees and charges to change each sector.

A word about Promotions and Gift Cards

Agoda may offer promotional rates, vouchers, discounts, and special offers (“Promotions”) and ”Agoda Cash” (sometimes called “Gift Cards”) from time to time. Promotions may not be combined, nor may any Promotions be combined with Gift Cards. Promotions and Gift Cards are subject to rules and special conditions. Agoda Gift Cards are governed by the Agoda Gift Cards Terms.

7. Intellectual Property Rights - Trademark Notice

The mark “Agoda”, as well as certain local language transliterations thereof is a registered trademark of or licensed to Agoda and/or its affiliated companies in many countries worldwide, including but not limited to the USA, the EU, Canada, Singapore, Thailand, Japan, China, India, Malaysia, Australia, Russia, Korea, Indonesia, the UAE, Switzerland, etc. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Agoda, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. Agoda owns the copyright to the Site. You may not use the Agoda intellectual property without our consent.

The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.

Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Agoda, its affiliated or associated companies, licensors, suppliers (including the airlines) or providers. Agoda does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.

You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that includes the following information:

· the name and address of the complainant;

· where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;

· where the complainant is not resident in Singapore, the complainant’s address for service in Singapore;

· a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;

· sufficient particulars to enable us to identify the copyrighted work allegedly infringed;

· sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;

· a statement that the complainant requires us to remove or disable access to the electronic copy;

· a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;

· a statement that the information in the notice is accurate;

· a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and

· a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes of proceedings under relevant provisions in the Singapore Copyright Act.

The notice must be signed by the complainant and sent to us by registered mail to the address mentioned under Section 12, c/o Legal Department – Copyright Claims.

We will review and address all notices that comply with the requirements above in accordance with applicable law.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.

8. Further correspondence– Other services

By completing a booking, you agree to receive confirmation messages, by email and/or SMS. For clarity, the confirmation communications (emails, SMS) are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. Please see our Privacy Policy for more details.

9. Travel advisory – Visa and other requirements

Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.

By displaying Flights to particular destinations or on named airlines, Agoda does not represent or warrant that travel to such points is advisable or risk-free and Agoda can never be held liable for damages or losses that may result from travel to such destinations. Agoda can under no circumstances be held liable for any incidents occurring during the Flight. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take out appropriate personal travel insurance.

We also recommend that you consult a doctor before travelling on necessary inoculations, medication and health advice. It is your responsibility to ensure that you have taken the appropriate precautions, including inoculations, an adequate supply of prescription medication and medical records, as well as ensuring that your medication can be legally imported at the destination/s of your flights.

Agoda cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain the travel documents, visa, permits, approvals and authorisations which are required.

Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.

10. Complaints

If you have complaints about Agoda’s service, you can contact our Customer Service team via one of the methods described here. We will do our very best to help you. Please note that any complaints about the Flight (policies, standards, service, facilities, food, etc.) are ultimately a matter for the airline itself. Agoda will coordinate directly with the airline to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.

11. Legal

Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AGODA COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGODA COMPANIES DISCLAIM ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AGODA COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AGODA COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

UNLESS AGODA IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, AGODA COMPANIES ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, AGODA SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGODA COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE AIRLINE, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE FLIGHT AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE AIRLINE (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any airlines’ breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an airline (including any liability in tort), as to any products and/or services available through the Site. Agoda Companies do not guarantee continuous access without interruption to the Site.

Agoda will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of Use, the liability of Agoda Companies, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). In case of an overcharge or mischarge caused by Agoda, you can make a claim regarding all erroneous charges notwithstanding what is set out above.

In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Agoda shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.

You agree that the above limitations of liability reflect the allocation of risk between you and Agoda and that, in the event that any of the remedies set out in these Terms are in breach of applicable local law, these limitations of liability will survive.

Miscellaneous

Agoda Companies do not in any way, directly or indirectly, independently or in conjunction with any party, operate or control the Flights. The airlines are liable and responsible for providing the services to people who have booked through the Site as their passengers.

You agree to indemnify, defend and hold harmless Agoda Companies, their subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Agoda Company harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Agoda Companies cannot be held liable in case an airline refuses to check you in or denies you carriage for legal or regulatory reasons.

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, unless expressly prohibited by local law, the English language version of the Terms of Use shall prevail.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

Agoda reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof. This includes suspending or terminating your account. In the event of termination of the Site, the reservations made via Agoda will still be honored unless you receive a notification to the contrary. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Agoda shall not be liable to you or any third-party for any termination of your access to the Site. Agoda reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Airlines have the right to change their offerings and this is outside Agoda’s control.

For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Agoda Companies may have with others, including but not limited to the Flight suppliers and certain marketing partners.

For pre-paid bookings (pay Agoda), Agoda Companies can issue local invoices for bookings in Singapore since Agoda is a tax resident of Singapore and also Agoda receipts for anywhere else.

The Terms of Use and the provision of our services are governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising out of the Terms of Use and the services of Agoda Companies shall exclusively be submitted to the competent courts in Singapore. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and does not apply to the Terms of Use.

Failure by Agoda Companies to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.

12. About Agoda - FAQs

All of our online reservations services rendered through the Site are provided by Agoda Company Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 30 Cecil Street, Prudential Tower #19-08, Singapore 049712 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 200506877R.

If you are using our Site in Singapore, the contracting entity is Agoda Travel Services Pte. Ltd., having its registered address at 1 Wallich Street #34-01 Guoco Tower Singapore 078881 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201922705C and holder of Singapore travel agency license TA03302. If you are using our Site in Malaysia or for travel to Malaysia, the contracting entity is Corporate Information Travel Sdn. Bhd., having its registered address at B-1-3, B-1-4 (1st Floor) & B-11-2 (11th Floor), Block B, Northpoint Office Mid Valley City, No.1, Medan Syed Putra Utara, 59200 Kuala Lumpur and is holder of Malaysian travel agency licence KPK/LN: 0110.

Agoda is supported by certain affiliated companies in providing services to you in different locations in relation to their reservations (“Customer Support Companies”). Such services include accepting and dealing with payments for bookings, providing customer care, liaising with the Flight suppliers and handling complaints and refunds.

Customer Support Companies only provide such services in relation to your reservations, but do not own, control, host, manage or maintain the agoda.com website (or any other website). The agoda.com website is domiciled only at its registered office in Singapore and not at the offices of any Customer Support Company around the world. Customer Support Companies are not authorized to act as Agoda’s process or service agents, do not have any power or authority to represent Agoda or to enter into any contract in the name of, for or on behalf of Agoda. You will also not be able to make a reservation in or through any of these offices as reservations can only be made through the Site.

In addition, Agoda and its related companies have various other subsidiaries, branches and offices throughout the world providing certain other non-customer related internal supporting roles (“Agoda Support Companies”). Agoda Support Companies do not have any power or authority to render our services, to represent Agoda or to enter into any contract in the name of, for or on behalf of Agoda and are not authorized to act as Agoda’s process or service agents, unless specifically authorized by Agoda.

Agoda and its affiliated companies (including all Customer Support Companies and all Agoda Support Companies) do not act as a travel agent except where stated otherwise on the Site. For further information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to their respective sites.

For all questions about agoda.com, the services or the Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of agoda.com, the Site or otherwise, please contact Agoda Company Pte. Ltd. directly.

More information or questions?

We would like to thank you for visiting the Agoda site for your flight reservation and information needs. We hope you find the Terms of Use informative. For additional information and to learn more about Agoda, please also refer to our FAQs on the Site.