PLEASE READ THIS USER AGREEMENT CAREFULLY
Your use of EES ROOMS LLC (here in after EES) is expressly conditioned on your acceptance of the terms and conditions of this User Agreement. By using EES, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use EES. EES may at any time modify this User Agreement and your continued use of EES will be conditioned upon the terms and conditions in force at the time of your use.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use EES and to create binding legal obligations for any liability you may incur as a result of the use of this accommodation service. If you use this site, you are responsible for maintaining the confidentiality of your account information. You agree to accept responsibility for all activities that occur under your account. You also agree that you are the responsible party or authorized to use such accommodation services for your company.
EES, and each of its modules, together with the arrangement and compilation of the content found in this User Agreement, is the property of EES (together with its corporate affiliates, "Elite Expo Services") and/or its third party suppliers and content providers ("Third Party Suppliers").
USE OF ELITE EXPO SERVICES
You may only use EES to make legitimate reservations or purchases and shall not use EES for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
In its sole discretion, in addition to any other rights or remedies available to EES and without any liability whatsoever, EES at any time and without notice may terminate or restrict your access to accommodation services.
You acknowledge that EES arranges certain pre-paid room rates with Third Party Suppliers to facilitate the booking of reservations on your behalf. Rates are a combination of the pre-negotiated room rate for accommodation’s reserved on your behalf by EES and the facilitation fee accrued by EES to compensate us for our services. You approve EES to book accommodations for your negotiated pre-paid reservation price. EES will process the agreed upon room rate, tax recovery charges, costs, and EES service fees.
You agree that the listed credit card will be charged by EES for the entire accommodation price. Once your reservation request is submitted, EES is authorized to secure hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
EES does not collect taxes for remittance to applicable taxing authorities. Tax recovery charges for prepaid hotel accommodations are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that is paid by EES to Third Party Suppliers used for your hotel accommodations.
Third Party Suppliers provide EES invoices for tax amounts. Third Party Suppliers remit applicable taxes to the applicable taxing jurisdictions. EES is not a co-vendor with the Third Party Suppliers with which travel arrangements and/or accommodations are made for our customers. Tax-ability and the appropriate tax percentage may vary by location.
Actual tax amounts paid by EES to Third Party Suppliers may vary from the tax recovery charge amounts, depending upon the rates, tax-ability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in providing your travel accommodations. Service fees may vary based on the amount and type of hotel accommodation.
Customers are allowed to make changes to reservations without penalty or fee. In the experience of EES, there are many cases that a customer may have to change a date, name, or even cancel part of the accommodation. Because of this we allow our customers to make changes without added pressure and to be sure that we can meet their Business' needs. The changing of dates to the accommodation may result in an average price per night change. However some Third Party Suppliers do charge an additional fee. Also, some customers have made amendments that are deemed excessive and constitute an abuse of customer service.
EES reserves the right to apply the following penalties, if the need does arise. If a reservation exceeds 3 rooms and then more than 45% of the reservation is amended, the penalty of $50 per amendment may apply. Due to this, we request that you finalize your rooming list 21 days prior to the earliest date of the first check-in. Should the need arise to change or cancel more than 45% of your original accommodation, you agree to pay a penalty of no less than 1 night per room and other penalties the Third Party Supplier may impose.
EES reserves the right to waive this amendment policy at any time and acknowledges that this policy is in place for customers that abuse our customer service and is not in place for customers that work in the normal pattern of business travel.
CHANGE IN TRAVEL
EES ROOMS LLC (herein after EES) can offer such competitive pricing due to its ability to reserve, hold and pre-pay for rooms for its clients at the time of reservation. Thus, any reductions due for changes or cancellations will be applied as credit for customer’s next booking. Credit will expire if not utilized within 180 days of issue. EES doesn’t charge a fee for processing changes, but changes due for penalties by the hotel or a third Party supplier will be charged to you and will be notified beforehand on a case by case basis. While there is no guarantee that EES will be able to accommodate the requested changes, EES will take every effort to adjust, change and seek our customer’s utmost satisfaction. Changes to arrival/departure date, room type or name change where special offers were applied at the time of the booking may result in the item re-pricing. EES is unable to accept any change requests after 72 hours prior to check-in. EES does not provide credit for early check-outs or no-shows. The law governing this Authorization, Terms and Conditions and Cancellation Policy is the law of the State of Delaware. The Forum for any and all disputes between EES and you or your company is in Lewes, Delaware.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information supplied by this application is believed to be accurate, but EES and/or its Third Party Suppliers do not warrant or guarantee such accuracy.
All monies will be billed in U.S. Dollars ($) and are exclusive of any VAT, taxes, hotel surcharges, and other applicable service fees. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
EXCLUSION OF WARRANTIES
NEITHER EES NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING ANY ACCOMMODATION PROVIDED.
ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. ACCOMMODATION IS PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY EES OR ITS THIRD PARTY SUPPLIERS OF THE GOODS OR SERVICES PROVIDED THEREON.
Neither EES NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR USE OF SUCH GOODS OR SERVICES; YOU DO SO AT YOUR OWN RISK. BY MARKETING TRAVEL TO INTERNATIONAL DESTINATIONS, EES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. EES RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL, INCORRECT THIRD PARTY SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) AND/OR TO CHANGE OR CANCEL PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
You shall defend and indemnify EES and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your breach of this User Agreement or the documents referenced.
Your Violation of any law or the right to Third Party Suppliers. It is agreed that no joint venture, partnership, or employment relationship exists EES and you as a result of this User Agreement. Performance of this User Agreement is subject to existing laws and legal process. Nothing contained in this User Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this User Agreement or information provided to or gathered by us with respect to such use.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this User Agreement within two (2) years from the date on which such claim or action arose, accrued, or such claim or cause of action will be irrevocably waived. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and User Agreement shall continue in effect.
RESOLUTION OF DISPUTES
This User Agreement and its performance shall be governed by the laws of the State of Delaware, United States of America, without regard to conflict of law's provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between you and EES, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and EES agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of accommodation booking or our services, this User Agreement, or the parties' relationship in connection with this User Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing.
Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek resolution by contacting firstname.lastname@example.org, since most customer concerns can be resolved quickly and satisfactorily in this manner.
Submission to Jurisdiction in Delaware- You agree that unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration subsection below, any Claims shall be brought in the state or federal courts located in Lewes, Delaware, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.
Mandatory Arbitration - Any Claim where the total amount in controversy is less than US $10,000 shall be resolved via binding, non-appearance-based arbitration.
Parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Lewes, Delaware who is approved, (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT, YOU AND EES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
If EES takes any action to enforce this User Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES, above, EES will be entitled to recover from you, and you agree to pay, all reasonable attorney's fees and any costs of litigation, in addition to any other relief, at law or in equity, to which EES may be entitled. Moreover, you agree that EES may debit your credit or debit card or charge you for any such amounts.
You acknowledge that a violation or attempted violation of any of this User Agreement will cause such damage to EES as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that EES shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.
EES will protect your privacy by all available means. EES customers are entitled to privacy and will not have their information sold, shared, or distributed in any fashion.
TAXES, GOVERNMENTAL FEES, TAX RECOVERY CHARGES AND SERVICE FEES
A number of taxes, governmental fees, Tax Recovery Charges, and service fees may apply to your transactions during this accommodation booking. You have read the User Agreement and the terms of which are incorporated herein, and you consent to our policies set forth therein Lewes, Delaware.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions of EES and/or its Third Party Suppliers may apply to your reservation and purchase of accommodation related goods and services. You agree that you have read and understand these additional Terms and Conditions of your purchase.
You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s). EES may debit your credit or debit card account or charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign an additional Travel Addendum or their liability waiver prior to participating in the service and/or activity they offer.
The relationship between EES and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions 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 headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
EES is registered as a licensed business in the following state:
Delaware, United States of America
Tax ID #: 81-5016941
Questions or Comments
Should you have any questions or concerns, you may email us directly at email@example.com
Copyright © 2016 EES Rooms LLC - All Rights Reserved.