Last Revised on December 10, 2014
Welcome to the Egencia Europe website (the “Website”). This Website is provided solely to assist companies who subscribe the Egencia service (each, a “Company”) to manage their business travel needs, including gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations for themselves or on behalf of others or otherwise transacting business with travel suppliers, and for no other purposes.
The terms “we”, “us”, “our”, and “Egencia” refer to Egencia Europe SAS, a French Company, and/or its corporate affiliates. The term “you” refers to any employee of a Company visiting the Website, booking a reservation through this Website, and/or booking a reservation through Egencia agents.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers or to your Company, or to those suppliers with whom your Company may have contracted directly with for travel services. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, copyrightable content, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) post or transmit any illegal information or conduct any illegal activity – including but not limited to any activity or posting that is illegal, defamatory, libelous, obscene, or racially or sexually offensive;
(vii) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(viii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your booking or account shows signs of fraud, abuse or suspicious activity, Egencia may cancel any bookings associated with your name, email address or account, and close any associated Egencia accounts, and may notify your employer regarding such activity. If you have conducted any fraudulent activity, Egencia reserves the right to take any necessary legal action and you may be liable for monetary losses to Egencia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Egencia Customer Service
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
CORPORATE TRAVEL POLICIES
Your Company may provide Egencia with its applicable travel policies (“Corporate Travel Policies”). We will assist your Company to apply the terms and conditions of its Corporate Travel Policies when transacting business with you. If you have any questions regarding the rules and regulations of your Corporate Travel Policy, please contact your Company directly for clarification.
PREPAID HOTEL RESERVATIONS
You acknowledge that Egencia Europe SAS and/or its respective subsidiaries and corporate affiliates (collectively, the “Egencia Companies”) pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Egencia Companies provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Egencia Companies and the facilitation fee retained by us for our services. You authorize the Egencia Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees and where applicable, taxes on our services. You agree that your credit card will be charged by us for the total reservation price. Upon submitting your reservation request you authorize the Egencia Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that are paid to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice us for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Egencia Companies act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by us for our services vary based on the amount and type of hotel reservation.
Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. The actual tax amounts paid by us to taxing authorities on our services may vary from the tax amounts charged depending upon the rates, taxability, etc. in effect at the time of the actual use of hotel by our customers.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Egencia has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, EGENCIA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS
The information, software, products and services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Egencia Companies and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively “Egencia Affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Egencia expressly reserves the right to correct any pricing errors on our Website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Egencia Companies and Egencia Affiliates do not guarantee the accuracy of the ratings. The Egencia Companies, the Egencia Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Egencia Companies, the Egencia Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
The Egencia Companies, the Egencia Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Egencia Companies or the Egencia Affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind. The Egencia Companies, the Egencia Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Egencia Companies, the Egencia Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Egencia Companies, the Egencia Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Egencia Companies or the Egencia Affiliates. The Egencia Companies and the Egencia Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Egencia Companies and the Egencia Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Egencia Companies, the Egencia Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Egencia Companies, the Egencia Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Egencia Companies, the Egencia Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Egencia Companies, the Egencia Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the transaction fees you paid to Egencia in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the Egencia Companies, the Egencia Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Egencia. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Egencia Companies, Egencia Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
If a currency converter is available on the Website, the following terms and conditions apply: 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. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Egencia Companies, the Egencia Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are © 2014 Egencia, LLC. All rights reserved. Egencia LLC is not responsible for content on websites operated by parties other than Egencia LLC. Egencia, Dataminder and the Egencia Bird logo are either registered trademarks or trademarks of the Egencia Companies in the U.S. and other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org . We only address messages concerning brand infringement at this email address.
CLAIMS OF COPYRIGHT INFRINGEMENT OR ILLEGAL ACTIVITY OR INFORMATION & COUNTER-NOTIFICATION
Egencia respects the rights and copyrights of others. If you believe in good faith that materials hosted on the Website infringe your copyright or constitute or are part of any illegal activity – including but not limited to any activity or posting that is illegal, defamatory, libelous, obscene, or racially or sexually offensive – or information sharing, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or if the complaint is incomplete:
1. A clear identification of the copyrighted work you claim was infringed or of the nature of the illegal activity or information.
2. A clear identification of the material you claim is infringing the copyrighted work or constitutes illegal activity or information, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law” or that you have a “good faith belief that someone has posted illegal information or is conducting illegal activity on the Website.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act” either “on behalf of the owner of an exclusive right that is allegedly infringed” or “to notify Egencia of possible illegal activity or information.”
6. The notice must be signed by the complaining person (in regard to illegal activity or information) or a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to email@example.com for the fastest resolution.
You may also send us your notice using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
We will review and expeditiously address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). For any additional questions regarding such notices for Egencia, please contact us at +1 (425) 679-3752.
Egencia has adopted a policy of terminating, in appropriate circumstances and at Egencia’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Egencia may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, or who conduct illegal activities. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Egencia does not tolerate false claims of copyright infringement or of illegal activity or information. If you believe that content that you posted to our Website was mistakenly removed due to a false claim of copyright infringement or illegal activity or information, then you can submit a counter notification. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. We will exercise our discretion whether to restore your content if the complaining rights owner does not file a court action against you within 10 business days of receiving the copy of your counter notification.
To file a counter notification with us, you must provide a written communication by email, fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is not infringing the copyrights of others or that the activity or information is not illegal. If you are not sure whether certain material infringes the copyrights of others or is illegal, then we suggest that you first seek legal counsel.
To expedite our ability to process your counter notification, please send it to us using the following format:
1. Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on the Website. Please provide the URL address if possible.
2. Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of any judicial district in which Egencia may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
4. Sign the paper
5. Send the written communication to the following address:
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004
OR by email to firstname.lastname@example.org
OR you may fax it to: +1 (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
For any additional questions regarding counter notifications for Egencia, please contact us at +1 (425) 679-3752.
One or more patents owned by the Egencia Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
This Agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction and venue of the courts in London, UK, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Egencia with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Egencia with respect to this Website (excluding the agreement between your Company and Egencia). A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Egencia Europe SAS
Attn: Legal Dept
9 – 11 Allée de l’Arche
©2014 Egencia LLC. All rights reserved.