PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OR ANY OTHER SERVICE OFFERED BY TRAVELZOO, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR BINDING AGREEMENT (THE “AGREEMENT”) INCLUDING, FOR USERS BASED IN THE U.S., RELATING TO MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
Welcome to the Travelzoo® website, which is owned and operated by Travelzoo (“Travelzoo” or “we”). Travelzoo is a Membership service that provides subscribing individuals (“Travelzoo Members” or “Members”) through the Travelzoo website, e-mail newsletters and mobile and tablet applications exclusive access to travel, hotel, local and entertainment offers vetted by Travelzoo’s team of experts, as well as additional member benefits. All services provided by Travelzoo including but not limited to the making available of the website, mobile applications, email newsletters, social media profiles, content on any of the beforementioned channels, including but not limited to editorial content and offers of any kind or nature, as well as all other membership benefits and perks and other services made available to Travelzoo Members are referred to in these terms and conditions (these “Terms”) as the “Services”.
By signing up for a Travelzoo subscription (“Membership”) and/or using any of Travelzoo’s Services including but not limited to visiting Travelzoo’s website, you agree to the following Terms.
These Terms may be changed by Travelzoo in the future as provided for below under the heading Modifications. Your continued use of the Services after any such changes constitutes your acceptance of the new or modified Terms.
Travelzoo believes strongly in protecting user privacy. Users of the Services offered by Travelzoo should refer to our Privacy Policy (as it may be amended from time to time) for information about how Travelzoo uses and collects personal information. You can find our Privacy Policy (i) if you are based in the United States of America, here, (ii) if you are based in Canada, here, and (iii) if you are based in the United Kingdom, here. By using the Travelzoo website or any other Service, you consent to the use of your personal data by Travelzoo in accordance with the terms of the Privacy Policy applicable to you, which terms are incorporated herein.
Any reference to “Travelzoo” or “we” in these Terms refers to Travelzoo, a corporation organized under the laws of Delaware, USA, and to its subsidiaries.
A “Travelzoo Member” is any individual who has a Travelzoo account and includes individuals who benefit from a free, promotional or trial Membership.
These Terms govern your relationship with Travelzoo with respect to your use of the Services, including your purchase on or through the Travelzoo website or mobile application of any offer, benefit or privilege that is advertised on the website, mobile application or through email or social media in connection with the Travelzoo Membership and is made available by or through a third-party supplier (each, a “Supplier”).
Account Registration
Travelzoo Membership is for individuals of legal age only. In order to utilize specific features and take advantage of the benefits offered by a Travelzoo Membership, individuals will need to become Travelzoo Members. All other entities or parties, including but not limited to, corporations, travel agencies, government entities, regulatory bodies, etc., are not eligible to enroll as Travelzoo Members nor receive any benefits in connection with a Travelzoo Membership.
Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any Services including any Travelzoo Membership. By using the Services (including this website), you represent and warrant that you possess the legal authority to create a binding legal obligation.
Each Travelzoo Member must provide certain requested information in order to register and create a Travelzoo account. In certain circumstances involving changes to information in your Travelzoo account information (e.g., name changes), Travelzoo may require that you provide supporting legal documentation. Payment information will be maintained in the Member’s Travelzoo account by Travelzoo’s third-party payment processor, Stripe. All information provided by a Member in their Membership account must be valid, accurate and up to date at all times. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify Travelzoo immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. Travelzoo is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge
By purchasing Travelzoo Membership or otherwise accepting any Services, a Member acknowledges and understands that some or all of their information, including contact information, may be shared with participating Suppliers (including, for example, payment providers such as Stripe) and processed according to their data policies. This sharing is generally pursuant to written agreements that include confidentiality, privacy and security obligations; however, Members understand that Travelzoo does not control the privacy practices of these third-party Suppliers. If a Member has questions about Travelzoo’s collection, use or disclosure of a Member’s data, the Member should consult Travelzoo’s Privacy Policy (linked above).
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted through the Services or in your Membership account, through electronic mail, text message or by telephone.
Travelzoo Membership Types and Membership Fee Billing Cycles
Travelzoo will provide information on its then-current Travelzoo Membership types and requirements on the Travelzoo website and/or by other means through the Services. All features of the Services and prices are subject to change in compliance with applicable laws.
Billing Cycles and Auto-Renewal
For first time Members, billing occurs at the time of sign up for their Travelzoo Membership. You agree to pay the price stated at the time of your order, as well as any applicable taxes. Upon activation, the Member will be automatically signed up for a recurring Travelzoo Membership and be billed for subsequent Membership terms at the start of each such subsequent Membership term, unless the Member cancels their Membership in accordance with these Terms. Where required by applicable law, we will send you a reminder through the Services before your Membership term renews. You agree to the billing frequency stated at the time of your order.
All prices are in United States Dollars or another currency specified by Travelzoo at the time of purchase, which may depend on your billing address. Applicable taxes may vary based on the jurisdiction. We may not be able to notify you in advance of changes in applicable taxes.
You authorize Travelzoo and/or any of its payment processors (such as Stripe) to charge your Membership fee and any applicable taxes on or after the date you purchase your Membership or after your trial or promotional Membership ends (if applicable). Your Membership will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current Membership period: (a) you terminate your account; (b) you cancel your Membership in accordance with the Termination or Cancellation of Membership section below; (c) we decline to renew your Membership; or (d) these Terms are otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included below. As noted, we may change Membership terms or Membership fees at any time on a go forward basis in our sole discretion.
The Travelzoo Membership typically renews on an annual basis (however, Membership may renew on a different basis depending on what option is offered by Travelzoo and selected by the Member at the time of sign-up) until it is terminated in accordance with these Terms. Billing occurs at the time of sign up or at the beginning of the Membership cycle, as agreed at the time of sign-up, and the Member will then be able to access/receive the Travelzoo Services for one (1) year thereafter (or such shorter or longer period from the date of term renewal as agreed at the time of sign-up). By purchasing a Travelzoo Membership, you acknowledge that your Travelzoo Membership has a recurring payment feature, and you accept responsibility for all recurring payment obligations prior to the termination of your Membership by you or Travelzoo (pursuant to the Termination or Cancellation of Membership section below). Travelzoo may offer promotions or discounts related to the Travelzoo Membership from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of these Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Travelzoo Membership and will be charged in accordance with these Terms.
UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR MEMBERSHIP (IN ACCORDANCE WITH THE TERMINATION OR CANCELLATION OF MEMBERSHIP SECTION BELOW), YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE TRAVELZOO TO AUTOMATICALLY CHARGE YOUR SELECTED PAYMENT METHOD FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY APPLICABLE TAXES FOR THE MEMBERSHIP RENEWAL TERM.
UPON RENEWAL OF YOUR MEMBERSHIP, IF TRAVELZOO DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO (A) CHARGE ANY OTHER PAYMENT METHOD WE HAVE ON FILE IN YOUR TRAVELZOO ACCOUNT AND/OR (B) CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A MEMBERSHIP FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR TRAVELZOO MEMBERSHIP IN ACCORDANCE WITH THE TERMINATION OR CANCELLATION OF MEMBERSHIP SECTION BELOW, WE MAY CANCEL OR SUSPEND YOUR TRAVELZOO MEMBERSHIP UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD. WHERE TRAVELZOO TERMINATES OR SUSPENDS YOUR MEMBERSHIP DUE TO FAILURE TO MAKE A PAYMENT WHEN DUE, TRAVELZOO MAY, UPON RECEIPT OF ALL OUTSTANDING PAYMENTS DUE, REACTIVATE YOUR ACCOUNT FOR THE APPLICABLE MEMBERSHIP RENEWAL TERM.
Subscriptions and other purchases through a third party (e.g., Google Play Store or Apple App Store) are managed directly by the applicable third party. You should consult with the appropriate third party to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Those third parties collect one-time and Membership fees, manage the Membership, and report to us on the status of Membership accounts that have been purchased from them. We do not have the ability to initiate, cancel, or refund such a third-party Membership on your behalf, but we do have the ability to make changes to your Membership entitlements in connection with such third-party Membership (for example, by turning off your entitlement to a Membership if you canceled it through a third-party).
No Refunds
Membership fees for Travelzoo Membership are non-refundable except as otherwise expressly described in these Terms or as required by applicable law. If you reside in the United Kingdom or a member state of the European Union, please consult the section below titled Statutory Cancellation Rights (Certain Jurisdictions Only).
Price Changes
Travelzoo may from time to time change Membership prices, including recurring Membership fees and any other fees applicable to your Travelzoo Membership. Travelzoo will inform you of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or cancel your Membership. Subject to applicable law, you accept the new price by continuing to use or otherwise receive the Services, including the benefits or potential benefits of the Travelzoo Membership after the price change effective date; provided that, you may always reject the price change by cancelling your Travelzoo Membership prior to your next recurring payment date.
Promotions
We may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
We may offer promotional trial Memberships to allow access to the Services on a trial basis or at a promotional rate.
If your Membership includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Membership will automatically convert into a paid Membership and your payment method will be charged the applicable fee unless you have canceled your Membership in accordance with Termination or Cancellation of Membership section below. You may cancel your Membership during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately.
If your Membership includes a promotional rate, you will be charged the promotional rate for the duration specified in the promotion and upon completion of that promotional period, your Membership will automatically renew at the full rate then in effect. To avoid being charged the full rate, you must cancel your Membership in accordance with the Termination or Cancellation of Membership section below before the promotional period ends.
You may only be permitted to use one free trial or promotional rate offer. If your Membership is ever canceled or terminated for any reason and you purchase an additional Membership, you may not be eligible for another free trial or promotional rate offer.
Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
Limitations
Termination or Cancellation of Membership
Cancellation of Travelzoo Membership
Where stated on the checkout page and agreed at the time of sign-up, you may have the right to a full refund within 14 days from the start of your Travelzoo membership (including a Trial). You would not typically be eligible for a refund for any renewal (either after your Trial period ends or your Travelzoo membership annual term ends). If you terminate your Travelzoo Membership during this 14-day period, your Travelzoo Membership will end at the time of the refund. If you terminate your Travelzoo Membership after the 14-day period, you may use your Travelzoo Membership until the end of the then-current Membership period and your Travelzoo Membership will not be renewed after that period expires. However, you will not be eligible for a pro-rated refund of any portion of the Travelzoo Membership fee paid for the then-current Travelzoo Membership period, subject to specific cancellation and refund rights as stated on the checkout page and/or required under applicable law. To terminate your Travelzoo Membership, please contact Customer Service by emailing: (i) if you are based in the United States of America or Canada: support@travelzoo.com, and (ii) if you are based in the United Kingdom: support_uk@travelzoo.com. To opt-out of receiving email newsletters and notifications regarding your Travelzoo Membership, you can click the “unsubscribe” link at the bottom of any Travelzoo email, unsubscribe in your Membership account (My Account) or contact Customer Service at the above-mentioned email addresses.
If your Membership includes a trial or promotional rate, you agree that the 14-day period begins on the start date of your trial or promotional period. If you do not cancel your Membership within 14 days from the start date of your trial or promotional period, or before the end of your trial or promotional period, whichever occurs later, the Membership fee is non-refundable.
Suspension/Termination by Travelzoo
Travelzoo may immediately terminate or suspend your Travelzoo Membership and/or your access to the Services without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Terms, the Travelzoo Privacy Policy or any other Travelzoo rules or agreements then in effect; or (d) you engage in conduct that is a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws).
In the event that Travelzoo determines, in its sole discretion, that your Travelzoo Membership is being accessed in a commercial setting or for commercial use or else beyond your individual, non-professional use, Travelzoo reserves the right to terminate or suspend your Travelzoo Membership at any time by writing to you at the email address associated with your Travelzoo Membership.
If we terminate or suspend your Travelzoo Membership, your license to use any software, content or other Services provided in connection with the Travelzoo Membership is also terminated or suspended (as applicable). If your Travelzoo Membership is terminated, Travelzoo has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Travelzoo Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
You can re-subscribe to the Travelzoo Membership at any time following cancellation, but Travelzoo reserves the right not to permit re-subscription.
Payment
Amount to be Charged
As a Travelzoo Member you agree to pay the fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Travelzoo Membership reaffirms that we are authorized to charge you for that Travelzoo Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization
You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us in advance to charge your specified payment method on a recurring basis in line with the recurring Membership term as disclosed at the time of your sign-up for your Travelzoo Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Travelzoo Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Travelzoo, nor any Travelzoo agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors
You agree to pay us, through our payment processors (such as Stripe) or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your Membership account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds
If you believe you have been billed in error for a Travelzoo Membership, please notify us within 30 days of the billing date by contacting Customer Service by emailing: (i) if you are based in the United States of America or Canada: support@travelzoo.com, and (ii) if you are based in the United Kingdom: support_uk@travelzoo.com. Travelzoo will issue refunds only if notified within such 30-day period and only for true errors in billing, in Travelzoo’s sole discretion, or where required by applicable law.
Statutory Cancellation Rights (Certain Jurisdictions Only)
Depending on your location, you may benefit from certain additional statutory rights under consumer protection or other legislation.
If you are located in the United Kingdom or the European Union, you have 14 days after purchasing your Membership to change your mind, cancel your Membership and receive a full refund. In order to exercise your cancellation and refund right, please email our Customer Service within 14 days from purchasing your membership at support_uk@travelzoo.com and notify our Customer Service of your wish to cancel your Membership.
Other jurisdictions may grant you comparable or other additional consumer rights.
Intellectual Property
Copyright
By using the Services, you acknowledge that all content included in the Services, including the information, data, software, photographs, video, typefaces, graphics, logos, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content provided or supplied by Travelzoo or any of its agents are intellectual property and copyrighted works of Travelzoo or its service providers and that Travelzoo or the relevant service provider reserve all rights thereto. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Travelzoo or the respective copyright owner. Permission is granted to access the Content provided for as part of the Services for personal, non-commercial and informational use only; provided that you may not, without the permission of Travelzoo or the respective copyright owner, (a) copy, publish or post any Content on any computer network or broadcast or publications media, (b) modify the Content or (c) remove or alter any copyright or other proprietary notices contained on or in the Content.
Trademarks
Travelzoo, the Travelzoo logo and the products and services described in the Content and the Services, including without limitation “Travelzoo,” “Top 20” and “Travelzoo's Most Loved Hotels,” are either trademarks or registered trademarks of Travelzoo and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. In addition, all website headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Travelzoo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Content or the Services are the property of their respective owners.
Licenses and Access to Services
Travelzoo grants you a limited, personal, nontransferable, non-sublicensable, revocable license to make personal use only of the Services in accordance with these Terms. Such grant does not include, without limitation: (a) any resale or commercial use of the Services or Content; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Services or the Content; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Travelzoo or any third party. The right to use the Services is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any Travelzoo trademark, logo or other proprietary information (including the images found in the Services or the Content or the layout/design of any page or form contained in the Services) without Travelzoo’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Travelzoo name, trademark or product name without Travelzoo’s express written consent. You acknowledge that there may be interruptions in service or events that are beyond the control of Travelzoo, and Travelzoo shall not be responsible for any data lost while transmitting information on the Internet. In spite of Travelzoo’s efforts to keep the Services accessible continuously, the Services may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Travelzoo, access to the Services may be interrupted, suspended or terminated from time to time and you waive any right to request a partial or full refund of your Membership fee in such case.
You also acknowledge that while Travelzoo strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. To the extent permitted by law, Travelzoo makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Travelzoo assumes no liability for disclosure of personal information due to, among other things, errors in transmission, security breaches or unauthorized third parties.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to the Travelzoo website, provided such link does not portray Travelzoo or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Travelzoo logo or other proprietary graphic or trademark of Travelzoo to link to the Travelzoo website without the express written permission of Travelzoo. This limited right may be revoked at any time.
Travelzoo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Services, or websites linking to the Services. The linked websites are not under the control of Travelzoo and Travelzoo is not responsible for the content of any linked websites or any link contained in a linked website, or any review, changes or updates to such websites. Travelzoo is providing these links to you only as a convenience, and the inclusion of any link in any Travelzoo Service or Content does not imply affiliation, endorsement or adoption by Travelzoo of the websites or any information contained therein. When leaving the Travelzoo website or other Service, you should be aware that Travelzoo’s Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other website.
User Conduct
In using the Services, you agree:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under or through your Membership account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions and sanctions laws, that relate to your use of or activities on the Services.
Customer Ratings and Reviews
We may invite you to write a customer review on your personal experience and display the review publicly on or through our Services. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your first name and hometown on a review that you submit) at our discretion. We take no responsibility and assume no liability for any submissions submitted by you. Please also refer to the terms of use associated with specific customer ratings and reviews features in our Services and/or our partners or third parties’ services.
Copyright Policy and Copyright Agent
Travelzoo respects the copyright and intellectual property rights of others. If you believe that we or any user of our Services has infringed your copyright in any material way, please notify Travelzoo’s Copyright Agent (address noted below), and provide the following information:
Travelzoo’s Copyright Agent is Christina Sindoni Ciocca, who can be reached by mail at 590 Madison Avenue, 35th Floor, New York, NY 10022.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL TRAVELZOO OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TRAVELZOO CONTENT OR RELATED SERVICES (COLLECTIVELY THE "EXEMPT PARTIES") BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AN EXEMPT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE EXEMPT PARTIES. YOUR INTERACTIONS WITH SUPPLIERS ARE AT YOUR OWN RISK. TRAVELZOO WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY SUPPLIER. TRAVELZOO IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR SERVICES THAT SUPPLIERS PROVIDE OR FAIL TO PROVIDE. TRAVELZOO IS NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS, PRODUCTS, SERVICES OR MEMBERSHIP REQUIREMENTS OF, OR ANY OTHER ASPECTS OF, THE PROGRAMS OFFERED BY SUPPLIERS. THE EXEMPT PARTIES SHALL 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 EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IF, NOTWITHSTANDING THE ABOVE, AN EXEMPT PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE SERVICES, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID FOR YOUR TRAVELZOO MEMBERSHIP. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, 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 the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Supplier Terms
In connection with your Membership and the Services, Travelzoo provides a platform through which you can enter into a contract with Suppliers so as to purchase their products and/or services. Travelzoo is not the supplier of any product or service provided by a Supplier, and your contract for the purchase and supply of any product or service from such Supplier will be directly between you and the applicable Supplier and Travelzoo assumes no liability or responsibility for the proper performance of the Supplier’s service or the quality of the product supplied by Supplier or its fitness for purpose, or any of Supplier’s other acts or omissions.
If you make a purchase, you agree to review and be bound by, and acknowledge and agree that the provision of any products or services will be subject to, the applicable Supplier’s terms and conditions, as well as any of the Supplier’s other rules of purchase, examples of which may include the Supplier’s website terms, privacy policy and product-specific terms (the “Supplier Terms”). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these Terms in respect of your legal relationship with Travelzoo, these Terms shall prevail between you and Travelzoo. You agree that Travelzoo is not an agent of any Supplier and that the Suppliers operate independently. You agree that Travelzoo does not assume any liability, obligation or responsibility for any Supplier’s offer or promotion, and is not responsible for changes to, or discontinuance of, any products or Suppliers from the Travelzoo Membership.
Travel Destinations
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. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travelzoo shall not be liable for damages or losses that may result from travel to such destinations. Travelzoo urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and the aviation administration prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
By offering travel services to particular international destinations, Travelzoo neither represents nor warrants that travel to such points is advisable or without RISK AND is not liable for damages or losses that may result from travel to such destinations.
Indemnification
You agree to indemnify and hold harmless Travelzoo, its affiliates and its and their shareholders, directors, officers, employees, contractors and agents (the "Covered Parties") from and against any and all claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees, expert fees and accounting fees) (“Claims”) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of the Services, (iii) your breach of this Agreement constituted by these Terms, or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Travelzoo, or postings on Travelzoo’s website, in Travelzoo’s mobile applications or on Travelzoo’s social media accounts (collectively, “Submissions”), are nonconfidential and shall become the sole property of Travelzoo. Travelzoo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Travelzoo, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. You agree that Travelzoo may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission and that you shall indemnify and hold harmless Travelzoo and the Covered Parties for any Claims related to your Submissions in accordance with the section titled Indemnification (above).
The information and opinions expressed in Submissions available on or through the Services are not necessarily those of Travelzoo or its Suppliers. content providers, advertisers, sponsors, affiliated or related entities, and Travelzoo makes no representations or warranties regarding any Submission. Travelzoo does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Electronic Notifications
You consent to receive notifications from us electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELZOO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRAVELZOO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT TRAVELZOO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, TRAVELZOO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICES. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THE SERVICES. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. TRAVELZOO DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL OR OTHER TRAVEL PRODUCTS DISPLAYED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, TRAVELZOO EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS DISPLAYED OR MADE AVAILABLE THROUGH THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
TRAVELZOO DOES NOT MAKE ANY WARRANTY THAT THE SERVICES OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TRAVELZOO DOES NOT REPRESENT OR WARRANT THAT MATERIALS DISPLAYED ON OR AVAILABLE THROUGH THE SERVICES OR INFORMATION PROVIDED BY TRAVELZOO THROUGH ITS SERVICES INCLUDING BUT NOT LIMITED VIA EMAIL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TRAVELZOO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRAVELZOO OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TRAVELZOO, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON TRAVELZOO SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO TRAVELZOO AND TRAVELZOO HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
TRAVELZOO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SERVICES WILL BE MAINTAINED.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHOICE OF LAW AND DISPUTE RESOLUTIONS
1. APPLICABLE LAW AND DISPUTE RESOLUTION MECHANISM IF YOU ARE BASED IN THE UNITED STATES OF AMERICA OR U.S. TERRITORIES
Arbitration and Applicable Law
If you are based in the United States or U.S. Territories, to the extent permitted by law, this Agreement and the provision of our Services shall be governed by and construed in accordance with New York law (without giving effect to any conflict of law principles).
If you have a Dispute (as defined below) with us that cannot be resolved informally or in small claims court, you will NOT have the right to pursue a claim in court or have a jury decide the claim, and you will NOT have the right to bring or participate in any class action or similar proceeding in court or in arbitration. BY USING OR INTERACTING WITH THE SERVICES OFFERED BY TRAVELZOO, YOU AGREE AS FOLLOWS:
“Dispute” means any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, whether based on past, present, or future events, arising out of or related in any way to the Agreement or regarding (i) your use of or interaction with the services and products offered by Travelzoo, (ii) any purchases or other transactions or relationships related to your use of services and products offered by Travelzoo, or (iii) any data or information you provide to us or we gather in connection with such use, interaction or transaction (collectively, "Travelzoo Transactions or Relationships").
Many Disputes can be resolved by an informal dialogue with our Customer Service. If you have a Dispute with us, before initiating an arbitration, you must send an individualized, written notice describing the Dispute to Travelzoo Customer Service at support@travelzoo.com. Promptly following receipt of such notice, you and we will try to resolve the Dispute by email exchange or telephone or videoconference. If the Dispute is not resolved within 30 days of starting this dialogue, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below if the Dispute is ineligible to be adjudicated in small claims court.
Any Dispute that we are unable to resolve through the informal procedure described above and is ineligible for small claims court shall be resolved exclusively by final, binding arbitration ("Arbitration"). The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information. Except as discussed below in clause 1 (Mass Arbitrations), the Arbitration will be conducted before a single arbitrator administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures (or, if the amount in controversy exceeds $250,000, the JAMS Comprehensive Arbitration Rules And Procedures) in effect at the time the Arbitration is initiated (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. This Section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.
Travelzoo
Attn: Legal Department
590 Madison Avenue
35th Floor
New York, NY 10022
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitrable Dispute, though nothing will require either you or us to resolve the Non-Arbitrable Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
The parties agree that the state or federal courts in New York City, New York shall have non-exclusive jurisdiction of any Non-Arbitrable Dispute.
The foregoing provisions will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the services or products of Travelzoo including use of the Services (including such as we may claim may be in dispute), our operations, our intellectual property or other rights.
You agree that regardless of any statute or law that establishes a longer statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services or any other of Travelzoo’s services or products or the terms of this Agreement, or other Travelzoo Transactions or Relationships, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
2. APPLICABLE LAW AND DISPUTE RESOLUTION MECHANISM IF YOU ARE BASED IN CANADA
If you are based in Canada, to the extent permitted by law, this Agreement and the provision of our Services shall be governed by and construed in accordance with:
3. APPLICABLE LAW AND DISPUTE RESOLUTION MECHANISM IF YOU ARE BASED IN THE UNITED KINGDOM
If you are based in the United Kingdom, to the extent permitted by law, this Agreement, the provision of our Services, and any contractual or non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, and you agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Modification
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the bottom of the page) on the Travelzoo website and/or otherwise through the Services. Modifications will be effective on the date that they are posted to the Travelzoo website. It is important that you review the updated Terms whenever we update them before you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Travelzoo reserves the right to, from time to time, among other things: (a) withdraw, limit, modify, or cancel any portion of the Services, although Travelzoo shall use commercially reasonable efforts to maintain the value of the Membership as a general matter; (b) modify or regulate the transferability of products, services or benefits; or (c) limit the number of products, services or Memberships available. Travelzoo may limit the number of Membership subscribers and may temporarily or permanently discontinue registering new Members or offering renewal to existing Members at any time and for any reason without notice. Notwithstanding the foregoing set forth in this paragraph, Travelzoo is not responsible for Supplier withdrawals from the Travelzoo Membership, changes in products, benefits, offers, Supplier services, or perks, or issues associated with use of products caused by withdrawal of any Supplier. Availability of products, benefits, offers, Supplier services, perks, or the Services may change over time and at any time (including during the course of any given Membership term).
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Vouchers
Travelzoo’s Terms of Sale for Vouchers are incorporated herein. You can find these Terms of Sale for Vouchers (i) if you are based in the United States of America, here, (ii) if you are based in Canada, here, and (iii) if you are based in the United Kingdom, here.
Travelzoo Hotel Booking Service
The Travelzoo Hotel Booking Service is subject to additional Terms and Conditions for Hotel Booking Services, which are incorporated herein.
If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THE SERVICES. This Agreement (and any other terms and conditions referenced herein) represent the entire agreement between you and each of the Covered Parties regarding your use of the Services and supersede any and all prior statements, representations, or prior versions of these Terms relating to the use of the Services that were displayed previously through the Services. Travelzoo reserves the right, in its sole discretion, to amend, modify, or alter this Agreement (and any other terms and conditions referenced herein) at any time by posting the revised terms through the Services including through its website. We recommend that you review these terms and conditions periodically.
Registrations
Seller of Travel: Travelzoo is a registered seller of travel in each of the states listed below:
Registration as a seller of travel in California does not constitute the state's approval.
Travelzoo is a registered Travel Retailer in Canada:
Travelzoo (Canada) Inc.
TICO Registration No.: 50020241
250 Yonge Street, Suite 2301, PO Box 11, Toronto, Ontario, M5B 2L7
support_ca@travelzoo.com
Last Updated: 01/13/2025
Change Log: