Introduction
The website located at www.newhotell.com (the “Service”, “Site”, “Website”) is owned and operated by SelectApp LLC, a California limited liability company doing business as NewHotell (“NewHotell”, “We”, “Us”, “Our”).
This Terms of Use ("Agreement") sets forth the legally binding terms for your use of the Service. By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the NewHotell website) or you are a "Customer" (which means that you have purchased some travel services through the Service). The terms "User", “You”, and “Your” refers to a Visitor or a Customer. You are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please review this Agreement carefully. IF YOU DO NOT AGREE WITH ALL APPLICABLE LAWS AND THE AGREEMENT, YOU SHOULD LEAVE THE WWW.NEWHOTELL.COM WEBSITE AND DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
For purposes of this Agreement, the following terms are defined:
Hotel - Any type of accommodation that search results returns via the Site.
Hotel Conversion - A hotel that converts to another brand (e.g. same owner converting a Holiday Inn property to a Hilton property, or a simple name change like Hilton Oceanfront converting to Hilton Beachside).
Hotel Acquisition - A hotel that is purchased and has new ownership.
Hotel New-Build - A hotel whose complete structure is newly built including interior and exterior electrical, plumbing, fittings, furnishings, etc.
Hotel Renovation - A hotel that upgrades any aspect of the property in order to bring it up to standard, provide a new look, improve technology or security, etc.
NewHotell uses several different sources to collect hotel built dates, hotel open dates, hotel planned opening dates, and hotel renovation dates. The accuracy and recentness of this information is provided on a best-effort basis and is provided for informational purposes only and are not a guarantee or warranty of any kind by NewHotell. Often, there is construction or other delays that impact these dates.
These dates can infer the cleanliness of a hotel, but there are many other factors that can impact the cleanliness of a hotel, such as maintenance. Also, there can be instances where a hotel could have a recent open date or near planned opening date. But, the date is derived from a hotel conversion or hotel acquisition where a minimum amount of renovation occurred, thus impacting the cleanliness of a property.
Star ratings for travel inventory are for informational purposes only and are not a guarantee or warranty of any kind by the Service. Star ratings may consider objective criteria (for example, the presence or absence of facilities and services) and/or subjective criteria (for example, ambience and reputation). The Service’s star rating for a hotel is not guaranteed to be equal to or consistent with the star ratings found through any other sources.
The information provided on the Service relating to mapping and distances is provided for informational purposes only and is not a guarantee or warranty of any kind by the Service of the location of the hotel.
Changes to Agreement or Services
NewHotell may at any time revise this Agreement by updating this posting and changing the effective date at the bottom of this page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement.
NewHotell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NewHotell shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Privacy Policy
Your use of the Service is governed by NewHotell's Privacy Policy, and incorporated by reference into this Agreement.
Accepted Use of Service
The Service is for people searching for travel information for themselves, their families, their coworkers, and their friends solely for personal and noncommercial uses, and NewHotell grants you a limited and revocable right to use the Service for those purposes. You must be at least 18 years of age and able to enter into legally binding contracts to use this Site. If you book travel found on the Site on another person's behalf, you represent that you are authorized to make that booking, and you agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. You are solely responsible for any use of websites that you may access through hyperlinks on the Site. NewHotell does not control or endorse these hyperlink-accessed websites and disclaims any endorsement of or liability for your use of these hyperlink-accessed websites.
Prohibited Use of Service
Without separate, written permission from NewHotell in advance, you may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on this Site. You may not: (i) reuse or "scrape" the Sites’ data for use in another service or website, (ii) attempt to circumvent any controls or limitations NewHotell places on your ability to access the Site or information on the Site, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Site or otherwise interfering with the proper function of the website, (iv) "frame," "mirror," or otherwise incorporate any part of the Site into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Site.
If you are looking for travel information for a commercial purpose (for example, if you are a travel agent), you may not use the Site to find information and then book travel found on the Site through another website or service. If you are using the Site for a non-commercial reason (such as for personal use), you may choose to book your travel elsewhere – though use of the Site’s links is appreciated.
Intellectual Property
All content included on the Site, including but not limited to, data, content, graphics, sound, artwork, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of NewHotell or the Suppliers of NewHotell and is protected by United States and international intellectual property laws. NewHotell and other third parties own the marks displayed on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of NewHotell or the party that owns the mark. Any software that is available on this Site is owned by NewHotell or its Suppliers. The software on this Site is subject to either the Terms and (i) any license agreement provided at the time of initial use by you or (ii) if no license agreement is provided to you at the time of initial use by you, a grant by NewHotell of a license for you to use the software for your personal, non-commercial, non-transferable purpose. No warranty or guarantee is made as to the software on this Site.
NewHotell and the NewHotell.com logo are trademarks of NewHotell, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NewHotell. All other trademarks, product names and company names or logos mentioned on the Site are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Liability and Warranty Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWHOTELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. NEWHOTELL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, AND SERVICES ON THE NEWHOTELL SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, NEWHOTELL DISCLAIMS ALL LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF HOTEL AND OTHER TRAVEL PRODUCTS DISPLAYED ON THE NEWHOTELL SITE (INCLUDING, WITHOUT LIMITATION, BUILT DATES, OPENING DATE, PLANNED OPENING DATES, RENOVATION DATES, PRICES, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THE NEWHOTELL SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND NEWHOTELL DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. NEWHOTELL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE NEWHOTELL SITE AT ANY TIME. NEWHOTELL AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
NEWHOTELL SUPPLIERS, INCLUDING WITHOUT LIMITATION HOTELS AND TRAVEL AGENCIES PROVIDING TRAVEL OR OTHER SERVICES FOR OR THROUGH NEWHOTELL ARE NOT AGENTS OR EMPLOYEES OF NEWHOTELL. NEWHOTELL MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. NEWHOTELL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. NEWHOTELL HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL NEWHOTELL AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE NEWHOTELL SITE OR WITH THE DELAY OR INABILITY TO USE THE NEWHOTELL SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE NEWHOTELL SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NEWHOTELL SITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF NEWHOTELL (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY NEWHOTELL FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH DAMAGES.
NEWHOTELL DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL SENT FROM NEWHOTELL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWHOTELL WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and offered by NewHotell in the United States of America. NewHotell makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify, and hold NewHotell, its affiliates, contractors, and other partners, and their respective officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, volunteers, content providers and suppliers, harmless 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 legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) any third party arising out of your use of the Service or the use of the Service, or (iii) by third parties arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party including intellectual property rights.
Booking Travel Through Our Travel Suppliers and Third-Party Terms and Conditions
NewHotell provides users the ability to book hotels through third-party travel suppliers. If you use a booking feature that’s powered by one of our travel suppliers, we don’t collect payment information, we don’t complete the transaction, or process your payment – the travel supplier does. You understand and agree that if you encounter any problems with the transaction or with the reservation you book in that transaction, you must resolve your dispute with the travel supplier, not with NewHotell, and your sole remedy, including any refund, lies with the travel supplier, not with NewHotell. This includes pricing errors.
Pricing Errors: We endeavor to publish and maintain accurate prices and information on the Site for the services we offer. Third-party travel suppliers and hotels provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a travel supplier or hotel, your issue must be resolved with the travel supplier. Additionally, since the booking occurs on the travel supplier's website, if there is a discrepancy between the price on www.newhotell.com and the price on the travel supplier's website, the travel supplier's price applies and is subject to the terms and conditions of that travel supplier.
Additional terms, provided by the travel supplier, apply to your transaction or other use of the booking feature powered by that supplier, and you acknowledge and agree to be bound by those additional terms, including, but not limited to, payment of all amounts when due and compliance with the Supplier’s rules and restrictions, including but not limited to, availability, cancellation policy, minimum age, maximum occupancy, pet policies, child policies, and use of products or services. User agrees that any violation of any Supplier’s rules and restrictions may result in cancellation of User’s reservation(s), in User’s being denied access to the applicable travel product or services, and/or in User’s forfeiting any monies paid for such reservation(s).
Please carefully read the applicable terms here:
You understand that the applicable supplier's terms govern your booking transaction, and that in the event of any material conflict between those terms and this Agreement with respect to your booking transaction or other use of the booking feature, those terms shall prevail. NewHotell has no control over its third-party travel suppliers and is not responsible for their terms, their privacy, data security or other practices, their performance, or their content, advertising, or other materials they may provide to you, whether or not provided through the Service.
Linking Policies
Links
The Service or third parties may provide links to other Internet sites or resources. Because NewHotell has no control over such sites and resources, User acknowledges and agrees that NewHotell is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. User further acknowledges and agrees that NewHotell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such service or resource.
Linking to Our Service
Any third-party site that links to our Service must comply with the following requirements: (i) the linking website must not frame or create a browser or border environment around any of the content of the Service; (ii) the linking website may link to, but not replicate, the Content; (iii) the linking website must not imply that NewHotell or the Service are endorsing or sponsoring it or its products, unless NewHotell has given its prior written consent; (iv) the linking website must not present false information about NewHotell or its products or services; (v) the linking website must not use any NewHotell or NewHotell licensed trademarks without the prior written permission from NewHotell; and (vi) the linking website must not contain content that could be construed as distasteful, offensive or controversial. Linking to the Service constitutes acceptance of NewHotell’s linking requirements. Notwithstanding anything to the contrary contained in this Agreement, NewHotell reserves the right to deny permission to link to the Service for any reason.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to that state’s conflict of law provisions.
Arbitration
User waives all rights to trial by jury in any action or proceeding instituted in connection with the Agreement and/or the Service. Any controversy (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of or relating to the Agreement and/or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, USA, in the County of San Diego, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. User waives the defense of forum non conveniens.
Travel Documentation
Passports, identification documents, visas, visa waivers, and/or related travel document requirements vary by country of origin and destination (including transit points). It is your responsibility to obtain (for all travelers, including children and infants) all required travel documents, at your own expense, prior to making a reservation. We highly recommend that you obtain current information regarding entry requirements and security before making a reservation. Operator will not refund monies paid due to your failure to obtain the proper travel documents, including but not limited to passports and visas with proper expiration dates. The name(s) on the above travel documents must match the name(s) on the reservations.
Travel Security and Health Issues
Although most travel is completed without incident, travel to certain destinations may involve greater risk. NewHotell strongly advises that you review all travel restrictions, warnings, and advisories available to you through the appropriate government agency. By offering for sale travel to particular destinations, NewHotell does not represent or warrant 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. It is also your responsibility to determine whether vaccinations or other health restrictions/precautions are necessary for travel.
General Provisions
This Agreement is accepted upon your use of the Service.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
These Terms of Use, together with the Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between you and NewHotell with respect to your use of the Service, and supersede any prior agreement between you and NewHotell. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will therefore remain in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) of the Agreement in the future.
NewHotell reserves any rights not expressly granted herein.
Contact Us
To contact us regarding any questions about this Agreement, please complete the form on the "Contact" page.
Effective date: September 21, 2022
