Agoda Platform and Booking Terms of Use

ARCHIVED 2021-04-11, DATE APPROXIMATE · VERSION 20210411_rev01 · COMPARED WITH 20210101_rev01

Full text changes — 20210101_rev01 to 20210411_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 Agoda Terms of Use
+Last updated November 2020
+Last updated March 2021
 These Terms of Use apply to your use of Agoda's Site and the services offered through it. Your use of the Site indicates your acceptance of the Terms of Use, including the polices incorporated into them by reference. If you do not accept the Terms of Use, you must not use the Site or the services.
 **FOR U.S. CUSTOMERS ONLY:** **These Terms of Use include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to this site, the use of our services, or these terms to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. These terms also include a jury waiver.**
 The following definitions apply in the Terms of Use:
 **Related Companies** means Agoda Services Co., Ltd., Agoda International Pte. Ltd. operating in the United Kingdom, Agoda International (Hong Kong) Ltd., Agoda International Hungary Kft., Agoda International Japan KK, Agoda International (Malaysia) Sdn. Bhd., Agoda International Philippines Corporation, or Agoda International USA LLC.
 **Site** means the websites and applications owned or otherwise operated by Agoda
 The Terms of Use incorporate various policies, including those listed below. The policies may apply to specific Services or programs offered by Agoda.
+[Privacy Policy](https://agoda.com/info/agoda-privacy.html), [Shop Safe Policy](https://agoda.com/info/agoda_policies.html), [Agoda Price Guarantee](https://agoda.com/info/agoda_policies.html), [Reservation Guarantee](https://agoda.com/info/agoda_policies.html), [Cancellation Policy](https://agoda.com/info/agoda_policies.html), [Refund Policy](https://agoda.com/info/agoda_policies.html), [Terms and Conditions of the Agoda Rewards Program](https://agoda.com/rewards/terms-conditions.html), [Agoda Gift Cards Terms](https://agoda.com/info/agoda_policies.html), [AgodaCash Terms,](https://agoda.com/info/agoda_policies.html) [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html), [FAQs](https://agoda.com/info/agoda_faq.html)
+[Privacy Policy](https://agoda.com/info/agoda-privacy.html), [Shop Safe Policy](https://agoda.com/info/agoda_policies.html), [Agoda Price Guarantee](https://agoda.com/info/agoda_policies.html), [Reservation Guarantee](https://agoda.com/info/agoda_policies.html), [Cancellation Policy](https://agoda.com/info/agoda_policies.html), [Refund Policy](https://agoda.com/info/agoda_policies.html), [AgodaCash Terms,](https://agoda.com/info/agoda_policies.html) [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html), [FAQs](https://agoda.com/info/agoda_faq.html)
 Agoda may amend the Terms of Use from time-to-time by publishing changes on the site.
 The Terms of Use of constitute the entire agreement between you, Agoda, and Related Companies, and supersede any previous agreement or understanding.
 **1\. Scope of our Services**
 - **Account Currency** means the default currency of the payment card or account you use to pay for a booking.
 - **Charge Currency** means the currency in which you are charged for a booking.
 - **Display Currency** means the currency in which you choose to view prices on our Site.
 - **Property Currency** means the currency in which the property or service provider sets the rates for their listings of accommodations or services on our Site and wishes to receive funds from Agoda. By default, the Property Currency is the official currency in the territory where the property or service is located.
 - **Indicated Rate** - Bloomberg Generic Composite Rate mid-rate on the current day.
+- **Daily Adjusted Rate** -Bloomberg Generic Composite Rate on the day payment is processed plus a 5% currency conversion charge.
+- **Daily Adjusted Rate** - Bloomberg Generic Composite Rate on the day payment is processed plus a 5% currency conversion charge.
 **Account provider rates**
 If your Charge Currency is different from your payment account currency, your account provider will determine the exchange rate to use when the transaction is applied to your account. Your account provider may offer a higher or lower rate than Agoda, and may charge you additional fees for a foreign transaction. Agoda does not control or benefit from your account provider's exchange rate or fees.
 **Agoda rates**
 If your Charge Currency is the same as your Account Currency, but different from either the Property Currency or your Display Currency, Agoda will use our Indicated Rate or Daily Adjusted Rate to convert prices. The applicable rate will depend on choices you select when viewing listings and making a booking, as described below.
 - Only reward points or miles can be collected, not status points or points;
 - Cancelled reservations will not earn points, regardless of the financial cancellations conditions;
 - Points cannot be exchanged in cash and are not cumulative with other offers;
 - The Agoda price guarantee does not apply to PointsMAX bookings; and
 - The terms and conditions of the third party loyalty programs will apply to such program.
+**A word about Promotions and Gift Cards**
+**A word about Promotions**
+Agoda may offer promotional rates, vouchers, discounts, and special offers ("Promotions") and "Agoda Cash" (sometimes called "Gift Cards") from time to time. Promotions may not be combined, nor may any Promotions be combined with Gift Cards. Promotions and Gift Cards are subject to rules and special conditions. Agoda Gift Cards are governed by the [Agoda Gift Cards Terms](https://www.agoda.com/info/agoda_policies.html)
+Agoda may offer promotional rates, vouchers, promocodes, discounts, and special offers ("Promotions" ) from time to time. Unless expressly stated otherwise, Promotions may not be combined and are subject to rules and special terms and conditions that may be in addition to the Agoda Terms of Use.
+.
 **A word about Agoda Reception**
 Available at selected properties only, Agoda may enroll you in its "Agoda Reception" program, where through the Agoda App you will be able to view a list of your charges, checkout (if the relevant property allows) and receive notifications relevant to, and through the course of your stay at a property booked through Agoda. You will be notified of enrollment into the Agoda Reception program on the Agoda booking confirmation for the relevant property. Initially, enrollment into the Agoda Reception program will be free of charge and you will able to opt out of the Agoda Reception program at designated point(s) of your stay. Charges incurred at the property during your stay and that you will be able to view via Agoda Reception may include room service, spa treatments, restaurant/(mini)bar, extra beds, extra stays, telephone, internet, pay-per-view, business center and other charges that you may incur during your stay. Such charges can be viewed via Agoda Reception and will be updated as you progress in your stay. All charges viewable via Agoda Reception are charges incurred at, charged by, and payable to the relevant property and no charges viewable via Agoda Reception will be payable to Agoda. Further, at the end of your stay, you will be able to view a list of charges incurred at the property that you will be able to email to your designated email address. Please note that the list of charges generated on Agoda Reception is not, and cannot be construed as a tax invoice - the relevant tax invoice can only be issued by the relevant property directly. Charges will in most cases, be charged to your Payment Instrument of choice either to the Payment Instrument that you may have on file with Agoda when you made the booking through Agoda, or the Payment Instrument that you may supply to the relevant property when you check in or check out. For more information about the limited and secure sharing of your Payment Instrument data by Agoda to the relevant property booked by you, please see our Privacy Policy.
 Any disputes or issues that you may have on the charges viewable via Agoda Reception must be taken up by you with the relevant property directly and Agoda disclaims any risk or responsibility for such charges incurred by you with the relevant property. In using and being enrolled in the Agoda Reception program, Agoda makes no warranties or representations of any kind including but not limited to merchantability, suitability or fitness for a particular use, nor does Agoda warrant or represent that the Agoda Reception program is or will be always available, accurate, reliable or free of any defects. By participating in the Agoda Reception program, you participate at your own risk.