Terms and Conditions of Use

PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Your use of this site is expressly conditioned on your acceptance of the following terms and conditions.

OWNERSHIP:

• This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Late-Flights Ltd. a UK incorporated company, Registered Office 145-157 St John Street. London EC1V 4PY England, trading via this web site as Late-Hotels .com and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Late-Hotels .com, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of Late-Hotels .com, or such other party that may own the Trademarks.

USE OF SITE:

• Late-Hotels .com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Late-Hotels. com, and/or its third party providers and distributors. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Late-Hotels. com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Late-Hotels. com deems in its sole discretion to be unreasonable or disproportionate to the benefits Late-Hotels. com obtains from your use of the site.
• Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

AGE AND RESPONSIBILITY:

• You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement. You agree to be financially responsible for all of your use of this website as well as for the use of your name and credit card account to pay for products and services at this website by members of your household, including minors living with you. You also warrant that all information supplied by you or your members of your household in using this website is true and accurate.

PRIVACY:

• You have read the Late-Hotels. com Privacy Policy, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Late-Hotels. com and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Late-Hotels. com Privacy Policy.

REVIEW OF TRANSMISSIONS.:

• You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Late-Hotels. com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Late-Hotels. com takes no responsibility and assumes no liability for any content posted or submitted by you.

EXCLUSION OF WARRANTY:

• Late-Hotels. com and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis. Late-Hotels. com and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Late-Hotels. com nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from Late-Hotels. com are free of viruses or other harmful components, as far as this disclaimer of implied warranties is permitted by English law.

TERMS OF SERVICE - HOT RATES ONLY:

• Credit cards for " Hot Rate" reservations will be charged the full amount for the reservation including all taxes at the time of booking. Reservations may be changed or cancelled anytime within the hotel's cancellations policy period at a charge indicated on our website. Upon arrival and check in to hotel, you are responsible for the entire length of stay. No refunds or credits will be issued for any nights reserved but not consumed. Cancellations made after the hotel cancel policy period has lapsed or no shows will be charged a one night's room rate plus tax, however this fee may vary by hotel. No contract will exist between customer and Late-Hotels. com or its affiliates until Late-Hotels. com emails voucher to you to be presented at the hotel upon arrival. And even so, if a hotel denies the reservation, you will be informed as soon as possible. Late-Hotels. com will do everything in its power to re-accommodate you with a similar or upgraded room and worse case scenario, refund your money.

LIMITATION OF LIABILITY:

• Late-Hotels. com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text or images from the site. In no event shall Late-Hotels. com or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by Late-Hotels. com or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party as far as permitted by English law.
• If, notwithstanding the foregoing, Late-Hotels. com or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Late-Hotels. com and the third party providers and distributors shall in no event exceed US$50.00, in its sole discretion, in addition to any other rights or remedies available to Late-Hotels
  com and without any liability whatsoever, as far as permitted by English Law.

INDEMNIFICATION:

• You shall defend and indemnify Late-Hotels. com and any third party providers and distributors and their 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 use of this site.

CONTRACT INFORMATION:

• A contract will not exist between you and Late-Hotels. com or its affiliates for the sale of goods or services, unless expressly stated by Late-Hotels. com. The contract will exist between you and the supplier of any such goods or services. The services and goods are supplied on this web site by World Choice Travel. com. The contract in relation to any product or services will not take effect unless and until Late-Hotels. com accepts your reservation by email confirming your reservation and issuing you a unique confirmation code. Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that Late-Hotels.com sends the reservation confirmation email to you whether or not you receive the email.

CURRENCY CONVERTER:

• Currency rates are based on various publicity available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may very. The information supplied by this application is believed to be accurate, but Late-Hotels. com, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy.

GOVERNING LAW:

• This Agreement and its performance shall be governed by the laws of England. You consent and submit to the exclusive jurisdiction of the courts located in England, in all questions and controversies arising out of your use of this site and this Agreement, except you also acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to USA export restrictions. Any determination in relation to the aforementioned export control laws and regulations shall be by a court having lawful jurisdiction in the USA.

LEGAL FEES:

• If Late-Hotels. com or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary legal fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

INJUNCTIVE RELIEF:

• You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Late-Hotels. com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Late-Hotels. com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Late-Hotels. com in obtaining such an injunction, including, without limitation, reasonable legal fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION:

• Late-Hotels. com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Late-Hotels. com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Late-Hotels. com and its third party providers or distributors, as applicable.

ASSIGNMENT:

• You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION:

• Late-Hotels. com may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS:

• Additional terms and conditions may apply to reservations, and other uses of portions of this site, and you agree to abide by such other terms and conditions.

SEVERABILITY:

• 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 English law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS:

• The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT:

• 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 the traveller's retention of vouchers, tickets, reservations, invoice or bookings after issuance, shall constitute consent to the above terms and conditions 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.

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