Terms of Service last update June 30th 2016

Comencia works with various other companies and partners to deliver bookings through this website (“Website”). The company whose website or other services directed you to this Website is not involved in and has no liability with regards to any bookings made on this Website.

Please note that bookings made via the Website are handled by Comencia, via the companies we work with. The provider of our hotel inventory will charge your payment method as described below; charges on your bank/card statements may therefore as charges from Expedia, or similar.

Terms used in this Agreement

The terms "we", "us", "our" and "Comencia" refer to Comencia Inc., a Washington registered corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

Purpose of this Website

This Website is provided solely to assist you to gather travel information, determine the availability of travel-related goods and services, make legitimate reservations or otherwise transact business with travel suppliers, and for no other purposes.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or “Agreement"). Please read the Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents. 

Use of the Website

As a condition of your use of this Website, you warrant that

  • you are at least 18 years of age; 
  • you possess the legal authority to create a binding legal obligation; 
  • you will use this Website in accordance with these Terms of Service; 
  • you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; 
  • you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; 
  • all information supplied by you on this Website is true, accurate, current and complete; and 
  • if you have an account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. 

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Prohibited Activities

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, are proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations 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, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  • use this Website or its contents for any commercial purpose;
  • make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; 
  • 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; 
  • 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; 
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; 
  • 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 
  • "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, we may cancel any travel or service reservations associated with your name, email address or account, and close any associated Comencia accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Comencia reserves the right to take any necessary legal action and you may be liable for monetary losses to Comencia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact support@comencia.com.

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. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Expedia Affiliate Network - Terms and Conditions

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your hotel booking.

Comencia is not liable for any costs incurred due to relocation.

You acknowledge that some suppliers 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.

Privacy Policy

Please review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

Prices

You acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have to be paid locally. You are exclusively responsible for paying such additional taxes.

You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, if any, we do not collect taxes for remittance to applicable taxing authorities. The hotel suppliers invoice us for certain charges, including, where appropriate, tax amounts. The hotel suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which you are charged you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. 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.

Comencia does not act as co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location.

Where we charge a fee for our services (which will, where applicable, be made clear to you), sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services in certain jurisdictions. For hotel stays in New York State, but outside of New York City, for example, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services (to the extent we charge a service fee). The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

Prepaid Hotel Reservations Comencia’s corporate affiliates pre-negotiate certain room rates with hotels to facilitate the booking of reservations on your behalf. You authorize Comencia to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges. You agree that your credit card will be charged for the total reservation price.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates and tax recovery charges. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. In limited cases, some reservations cannot be changed or cancelled after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and you may be charged a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact our group travel specialists by phone at +1 (800) 916-3290 quoting Customer Number 497501 or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.

Pay Now or Pay Later Details With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, the amount will be charged to your credit card (in GBP, usually, or in US dollars if you choose USD) immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay. Comencia coupons may only be applied to "Pay Online Now" bookings. 

International Travel 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. Comencia 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 RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Liability Disclaimer The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Comencia 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 and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, we expressly reserve the right to correct any pricing errors on our Website and/or 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, Comencia do not guarantee the accuracy of the ratings. Comencia and their respective suppliers make no guarantees about the availability of specific products and services Comencia and their respective suppliers may make improvements and/or changes on the Website at any time.

Comencia 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 Comencia. All such information, software products, and services are provided “as is” without warranty of any kind. Comencia and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Comencia and/or their respective suppliers are free of viruses or other harmful components. Comencia 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 Comencia. Comencia 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.

Comencia 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 Comencia 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 Comencia and/or their respective suppliers have been advised of the possibility of such damages. 

If, despite the limitation above, Comencia 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 Comencia and/or their respective suppliers will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Comencia and/or their respective suppliers.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties. 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 for 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.

Payments and Fees In the event that your payment is taken at the time of booking, the company taking that payment and charging your credit card will be one of the supplier Companies doing business with Comencia, who takes such payment on behalf of the company providing the travel service or the travel service provider directly. Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

Copyright and Trademark Notices

The Comencia logo is a registered trademark of Comencia, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of other companies. 

If you are aware of an infringement of our brand, please let us know by e-mailing us at info@Comencia.com. 

Notice of Infringing Material

If you believe in good faith that materials hosted on the Website infringe your copyright, 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 is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. 

  • A clear identification of the copyrighted work you claim was infringed.
  • A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material.
  • Your address, email address and telephone number.
  • 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."
  • A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send us your notice by email to info@comencia.com.

Counter Notices

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details: 

  • Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.
  • Your name, mailing address, telephone number and email address.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Comencia may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  • 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.”
  • Sign the paper.

Send the written communication to the following address:

Attn: IP/Trademark Legal Dept., DMCA Complaints

Comencia Inc.

400 NW Gilman Blvd Unit 1976

Issaquah, WA 98027

General

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. 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.

Your use of mapping available on this Website is governed by the Google Terms of Use and Microsoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

You agree that no joint venture, partnership, or employment relationship exists between you and Comencia as a result of the Agreement or use of this Website.

Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. 

If any part of the 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. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Comencia with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Comencia with respect to this Website. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Any rights not expressly granted herein are reserved.

Seller of Travel Comencia Hotel Inventory is supplied by Expedia Affiliate Network.

  • Travelscape (part of Expedia) is a registered seller of travel in each of the states listed below:
  • California registration number: 2083930-50
  • Florida registration number: ST36407
  • Iowa registration number: 677
  • Nevada registration number: 20020759
  • Washington registration number: 602-617-174
  • EAN.com L.P. (part of Expedia) is also a registered seller of travel in each of the states listed below:
  • California registration number: 2083957-50
  • Florida registration number: ST-36671
  • Iowa registration number: 865
  • Nevada registration number: 20070016
  • Washington registration number: 603-061-663
  • Registration as a seller of travel in California does not constitute the state's approval.

New York State Tax Registration:

Our New York sales tax vendor registration number through Travelscape is 880392667 and New York City hotel occupancy tax registration number through Travelscape is 033960.

Disputes

Comencia is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“ Claims ”) by contacting Customer Support. 

Customer Support Department

Comencia Inc.

400 NW Gilman Blvd Unit 1976

Issaquah, WA 98027

support@comencia.com

If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Arbitration Claim Manager,” at

Comencia Inc. 400 NW Gilman Blvd Unit 1976.

Issaquah,

WA 98027.

If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.

If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Updates and Changes to Terms of Use

Our Terms of Use may change at any time. We will notify all registered users of any material updates or changes via email in advance.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Arbitration Claim Manager,” at

Comencia Inc. 400 NW Gilman Blvd Unit 1976.

Issaquah,

WA 98027.

If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.

If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

Updates and Changes to Policy

Our policy may change at any time. We will notify registered Administrators via email of any updates or changes.