Agoda Platform and Booking Terms of Use

DATED 2026-07-10 · VERSION 20260729_rev01 · COMPARED WITH 20210901_rev01

Full text changes — 20210901_rev01 to 20260729_rev01

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1Agoda Terms of Use
1AGODA PLATFORM AND BOOKING TERMS OF USE
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3Last updated August 2021
3Version 6.3, effective from 10 July 2026
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5These 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.
5Welcome to the Agoda Platform Terms of Use ("**Terms**"). These Terms apply to your use of the Agoda Platform and the services offered through it. Your use of the Agoda Platform indicates your acceptance of the Terms, including the policies incorporated into them by reference.
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7**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.**
7**FOR U.S.CUSTOMERS ONLY:****These Terms include an [agreement to mandatory arbitration](), which means that you agree to submit any dispute related to this Platform, the use of our Services, or these Terms to binding arbitration rather than proceeding in court. THESE TERMS ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS YOU WILL BE BOUND BY THESE TERMS.**
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9The following definitions apply in the Terms of Use:
9If you are using our Platform in **Japan** to book accommodation, these **[Terms and Conditions](https://agoda.com/info/jp-tou.html)** apply.
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11**Agoda** means Agoda Company Pte. Ltd., a Singapore company with its registered address at 30 Cecil Street, #19-08 Prudential Tower, Singapore 049712
11These Terms and the documents referred to in them, including but not limited to our [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 and Conditions](https://agoda.com/info/agoda_policies.html), [Agoda Cashback Rewards Programs](https://agoda.com/info/agoda_policies.html), [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html), [Australia Debit Payments (eftpos)](https://agoda.com/info/agoda_policies.html), [PointsMAX](https://agoda.com/info/agoda_policies.html), [Claims of Copyright Infringement Policy](https://agoda.com/info/agoda_policies.html), and [FAQs,](https://agoda.com/info/agoda_faq.html) constitute a legally binding agreement between you and Agoda. If you do not agree to any part of these Terms, you should stop using the Platform immediately.
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13**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, Agoda International USA LLC, or Quantum Growth Network Information Technology (Shanghai) Co., Ltd.
13These Terms are important because they describe:
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15**Site** means the websites and applications owned or otherwise operated by Agoda
15- the rules, terms and conditions that apply to your use of and bookings on the Agoda Platform; and
16- how to resolve any disputes that may arise from your use of the Agoda Platform.
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17The Terms of Use incorporate various policies, including those listed below. The policies may apply to specific Services or programs offered by Agoda.
18**BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES ON THE PLATFORM, PLEASE READ THESE TERMS CAREFULLY.**
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19[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) , [Agoda Cashback Rewards Programs](https://agoda.com/info/agoda_policies.html), [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html), [FAQs](https://agoda.com/info/agoda_faq.html)
20Accessing materials on this Platform by certain persons in certain countries and territories may not be lawful, and we make no representation that materials on this Platform are appropriate or available for use in all locations where the Platform can be accessed.
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21Agoda may amend the Terms of Use from time-to-time by publishing changes on the site.
22**Quick Links**
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23The Terms of Use of constitute the entire agreement between you, Agoda, and Related Companies, and supersede any previous agreement or understanding.
24- [Section A: Platform Terms]()
25- [Section B: General Booking and Payment Terms]()
26- [Section C: Accommodations]()
27- [Section D: Flights]()
28- [Section E: Combination]()
29- [Section F: Certain Activities-related Terms]()
30- [Section G: Other Programs]()
31- [Section H: General Terms]()
32- [Section I: Country-specific Terms]()
33- [Section J: How We Work]()
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25**1\. Scope of our Services**
35When we refer to "**Agoda**", "**we**", "**our**" or "**us**" in these Terms, we mean Agoda Company Pte. Ltd. Agoda and its related companies (collectively, the "**Agoda Group**") includes Agoda Services Co., Ltd., Agoda International Pte. Ltd. (UK Establishment in the United Kingdom), Agoda International (Hong Kong) Limited, Agoda International Hungary Kft., Agoda International Japan KK, Agoda International (Malaysia) Sdn. Bhd., Agoda International Philippines Corporation, Quantum Growth Network Information Technology (Shanghai) Co., Ltd., and Agoda International USA LLC, and our other affiliates and subsidiaries.
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27**A. Accommodation Reservation Facilitation**
37Agoda operates a platform that empowers you to discover, search, book and pay for various products and services which are supplied, offered and/or operated by third parties ("**Travel Suppliers**"), which may include, without limitation:
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29Through the Site, Agoda provides an online platform through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the "Accommodation(s)") and request to make reservations with such Accommodations, including already making payment for such reservations of Accommodations in advance with a credit card, debit card, e-wallet, or such other payment method to facilitate the processing of such payment ("**Payment Instrument**"). By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract formed in Singapore pursuant to the Terms of Use when accepted by the Accommodation and consequently Agoda. You will receive proof of the confirmed Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations),which means the reservation has been confirmed by the Accommodation. The "thank you page" means your reservation request has been received and is complete for final processing, no further action is required by you. We reserve the right to reject bookings as set out below.
39- lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, bed-and-breakfasts, rooms for rent, cottages and ryokans ("**Accommodations**");
40- air and air-related transport services ("**Flights**");
41- activities and other experiences ("**Activities**");
42- rental cars; and
43- any combination of the above ("**Combination**"),
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31When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that Agoda is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Agoda.
45(each a "**Travel Product**"), through a convenient portal, the facilitation of which is individually and collectively known as our "**Services**". You may access our Services through our website ("**Website**") and mobile application ("**App**"), collectively known as our "**Platform**".
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33The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time, and which takes into account different factors including but not necessarily limited to availability, promotions and rates, historical popularity, money earned by Agoda, conversion (the ratio of reservations made to Site visits), sales of room nights, cancellations, quality of content, guest review scores, star ratings etc. Agoda currently has a "Preferred Partner" program whereby certain selected Accommodations have the opportunity to improve their visibility on the Site. Such Preferred Partner listings will be marked or contain wording for clarity. Under certain circumstances, Agoda may also offer Accommodations the option of sponsored listings, i.e. to pay for a top spot. Such sponsored listings will be marked or contain wording for clarity.
47In some cases, we work with our affiliates and other third-party partners ("**Partners**") to facilitate the listing and reservation of certain Travel Products. For example, certain online reservations for Travel Products on our Platform are facilitated by our Partners, including but not limited to Booking Holdings Inc., KAYAK, priceline.com and Booking.com. Where this is the case, the Partner's terms and conditions of use and/or privacy policy will govern the relationship between you and our Partner for the booking of the relevant Travel Product(s), instead of Section B of these Terms. We may be paid a fee or commission by a Partner or Partners if you make a booking for such Travel Product(s).
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35To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: Accommodation request(s), actual or suspected reselling of Accommodations booked through the Site on an individual or mass basis without our prior written approval ("Reselling"), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN, Singapore), etc. If your booking is rejected or cancelled by Agoda and a payment has already been made, you will receive a refund of the total booking value, (except in the case of unauthorized Reselling or in any other appropriate case such as unauthorized use of the Site or there is an inappropriate manner in the use of the Site, and such use is harmful to us for which the refund of the total booking value or any part thereof is not justifiable). Refunds will not be issued in the event of unauthorized Reselling due to many negative factors including the disadvantage such practice imposes on our authorized and contracted affiliate partners, Accommodations who provide Agoda with inventory on a contracted and trusted basis and the loss and negative brand impact caused to Agoda due to unauthorized Resellers attempting to undercut Agoda's business which may include placing the resold inventory on sites run by competitors of Agoda without our knowledge. We also reserve the right to bar ("blacklist") users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also the section below under the heading **Payment - Credit Card - "Book Now, Pay Later" - Age - Fraud** for more information about our fraud prevention mechanisms.
49When we use "**you**", "**your**" or "**User**", we refer to anyone who accesses or uses our Platform and Services.
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37In rare cases, we may also have to cancel or reject a booking or make adjustments due to "obvious errors", independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking or awarded points as appropriate, and will, if relevant, refund some or all of the amount charged.
51If you have any questions, comments, complaints or claims with respect to our Platform or these Terms, you may contact [Customer Service](https://agoda.com/info/contact.html).
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39Please note that suspected group bookings can also be rejected or cancelled by Agoda or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our [Customer Service team](https://agoda.com/info/contact-agoda.html) for more information.
53**SECTION A: PLATFORM TERMS**
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41Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.
55**1\. YOUR USE OF THE PLATFORM**
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43**A word about star ratings**
571.1 Our Platform is the property of Agoda and our licensors. To this end, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access our Platform to enjoy personal, non-commercial use of our Services in accordance with these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to our Platform. Any rights or licenses not expressly granted herein are reserved. You represent and warrant to us that your access to, and use of, our Platform is intended only for personal, non-commercial use.
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45The Accommodation star, other denoted ratings, or any reference on the Site to a rating on the Site ("**Accommodation Ratings**") are provided for your information only. The Accommodation Ratings are based on information we have received from our suppliers, including the Accommodations, and may take into account the Accommodation's facilities, rates, reviews, and services. Accommodation Ratings are unrelated to any other ratings assigned by government tourism authorities. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.
591.2 You understand that the Users of our Platform should be at least 18 years of age or older (or such other age at which majority is reached in your country or territory) and have the full legal capacity to enter into contracts (or have the authorization to do so from a legal guardian). This age limitation also applies to other uses of our Platform, such as browsing the Platform for informational purposes before or without making a Booking Request.
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47**B. Other Ancillary Services**
611.3 We provide the Platform on which Travel Suppliers can promote and sell Travel Products, and you can discover, search, compare, book and pay for those Travel Products. You will not use the Platform for any other purpose including purpose that is unlawful or prohibited by these Terms. By way of example, and not as a limitation, you agree not to use our Platform and/or its content to:
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49Agoda provides an online platform through which you can browse other services, including but not necessarily limited to flights and rental cars, ("Ancillary Services") and make reservations for such Ancillary Services. Although the Agoda Site provides the platform for which you can browse and make reservations for these Ancillary Services, the Ancillary Services are provided by Agoda associated companies or partners ("Partners"), which have been carefully selected by Agoda. For example, flight display, search and reservation services on the Agoda Site are currently provided by Booking Holdings Inc. companies KAYAK or priceline.com and their respective suppliers. Such Partners will be clearly displayed on the Site when browsing the Ancillary Services and a link provided to the Partner's terms and conditions of use and/or privacy policy, which will govern the relationship between you and our Partner for the relevant Ancillary Service reservation.
63 1.3.1 resell any products or services booked or obtained via our Platform or for any commercial purpose unless expressly authorized in writing by Agoda;
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51By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation (e.g. for flights or a rental car) at the price listed for such reservation on the Site, and on such other terms and conditions notified to you by the Partner from time to time, which shall become a binding contract when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your Ancillary Service booking via an e-mail confirmation to you. The Partner reserves the right to reject bookings as set out in their terms and conditions.
65 1.3.2 make false, fraudulent or speculative bookings on our Platform;
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53**2\. Use of the Site**
67 1.3.3 pass off or attempt to pass off our Platform as the product of anyone other than Agoda, including by removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
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55Agoda also works with other companies, including Booking.com B.V., to offer reservations options in Accommodations worldwide to guests. In some cases, you will receive a confirmation referring to such other companies. Agoda may also offer the option to book Ancillary Services (flights, rental cars) in cooperation with selected Partners as described above.
69 1.3.4 use manual or automated software or processes to monitor, copy, extract, export or otherwise scrape any material displayed on our Platform, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information ("Content"). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platform;
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57Agoda grants you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Agoda or its suppliers and providers, including the Accommodations and Ancillary Services. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Agoda and acknowledge that Agoda may use these details to contact you in the event that this should prove necessary. Please also consult our [Privacy Policy.](https://agoda.com/info/agoda_privacy.html)
71 1.3.5 whether or not you have a commercial purpose, access, monitor, copy, or reproduce any Content of this Platform using any robot, spider, scraper, other automated means, or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) for any purpose without the prior, express written permission of Agoda. For the avoidance of doubt, Agoda does not authorize the use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) to make bookings or reservations using any Content of this Platform without the prior, express written permission of Agoda;
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59Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to 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 the Site. In addition, you agree not to:
73 1.3.6 disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform;
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61- use the Site or its contents for any non-authorized commercial purpose (e.g. forward distribution or resale of bookings without permission);
62- make any speculative, false, or fraudulent booking;
63- access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
64- violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
65- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
66- deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
67- re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
68- "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
69- deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
70- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
71- deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
72- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
73- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
74- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
75- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
76- use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
77- attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
78- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
79- engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization ("SEO") techniques considered to be against common search engine guidelines. SEO practices considered unethical, or "black hat" (aka "spamdexing") include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.;
80- do anything else which could cause damage to the Site, Agoda, Related Companies, and each oftheir employees and reputations, or would otherwise have a negative impact; or
81- aid or abet any of the above.
75 1.3.7 interfere with or disrupt our Platform, or servers or networks connected to our Platform;
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83Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Agoda.
77 1.3.8 violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other User of our Platform;
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85By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
79 1.3.9 obtain or attempt to obtain unauthorised access, via whatever means, to any of the Agoda Group's systems;
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87If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.
81 1.3.10 'frame', 'mirror' or otherwise incorporate any part of the Platform into any other website or deep-link to any portion of the Platform (including, without limitation, purchase paths) for any purpose without our express prior written permission;
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89Agoda may use proprietary or third party technology (e.g. Google reCAPTCHA v3) on pages of its Site to keep the Site safe from malicious attackers or anyone who abuses the Site.
83 1.3.11 post or transmit, or cause to be posted or transmitted: (a) any material that is libellous, defamatory, obscene, pornographic, abusive, offensive, fraudulent, misleading, harassing or profane; (b) malicious content including malware, Trojan horses, or viruses, or which otherwise interferes with any User's access to our Platform; and (c) unsolicited mass mailings or other forms of spam, including junk mail or chain letters;
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91**3\. Prices, Agoda Price Guarantee, Additional Charges, Taxes and Fees, Agoda exchange rates**
85 1.3.12 manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
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93Please note that, unless expressly indicated otherwise, all prices on the Site are for room reservations only, for the specified stay dates and number of people. Without prejudice to what is set out below, before you confirm a reservation, Agoda will display the total price payable, including taxes and service fees, and what is included. As you select options or specify additional details, we will update the total price.
87 1.3.13 do anything else which could cause damage to the Platform, Agoda, the Agoda Group, or would otherwise have a negative impact on the Platform, Agoda, the Agoda Group; and
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95**A. Prices and Best Price Guarantee for Accommodations**
89 1.3.14 infringe any applicable law, statute, ordinance or regulation and any rights of us and/or any third party, including intellectual property rights or proprietary rights.
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97We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation. Should you find your Accommodation room reservation, with the same booking conditions, at a lower price on the Internet after you have made a booking through us, we will match the difference between our price and the lower price under the terms and conditions of the Best Price Guarantee. For a claim to be valid under this guarantee, it must satisfy and be submitted in compliance with all relevant terms and conditions of our [Best Price Guarantee.](https://agoda.com/info/agoda_policies.html)
911.4 If, based on your user pattern, Agoda suspects that you have performed any of the prohibited activities under these Terms, Agoda has the right to block your user account or deny your entitlement to any benefits under a loyalty program or Promotions (as defined below).
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99Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below).
93**2\. YOUR ACCOUNT**
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101The Best Price Guarantee does not apply to Ancillary Services provided on the Site.
952.1 In the course of using our Platform, you may need to register and maintain a user account with us ("**Agoda Account**"). When you register an Agoda Account with us, you agree to provide and maintain true, current and complete information during registration. When selecting a username, you agree not to select or use as a username the name of another person with the intent to impersonate, or a name or trademark that is subject to the rights of another person or entity other than you without appropriate authorisation.
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103**B. Additional Charges by Accommodations**
972.2 You are responsible for maintaining the confidentiality of the information and password associated with your Agoda Account, and for all activities occurring under your Agoda Account including all charges incurred. Agoda shall be entitled to consider any person who gains access to the Platform and Services using your Agoda Account log-in details as an individual acting upon your authorisation, without any further inquiry or investigation. Where applicable, references to your use and/or access of the Platform and Services shall be deemed to include the use and/or access of the Platform and Services by an individual authorised by you. Notwithstanding this, Agoda shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any instructions from your Agoda Account and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. You must immediately notify us of any unauthorised use of your Agoda Account, password or any other breach of security.
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105In addition to the reservation prices, some Accommodations will charge mandatory service fees, surcharges, and local taxes (for example, resort or amenity fees, transportation transfers, and city tourist tax). If we are aware of these service fees and local taxes, we will display them with your reservation price. These service fees and local taxes may be collected directly from you by the Accommodation, in addition to the price you pay for your reservation.
106Standard room reservations are for single or double occupancy. Extra guests or beds will usually incur extra charges. An Accommodation may refuse to allow additional guests to stay in a room - you must specify the correct number of persons, including children who will occupy each room you reserve.
992.3 We will not be liable for any loss or damage arising from your failure to comply with this clause 2 except where such loss or damage is caused by Agoda's gross negligence or willful misconduct. To the maximum extent permitted by applicable law, we may refuse registration of an Agoda Account or cancel an existing Agoda Account without prior notice or liability.
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108You will incur additional charges at the Accommodation for all services and products you use that are not included in the reservation price as expressly described by the booking conditions. Charges for amenities you use and products you consume during your stay (for example, parking, internet access, food and drink) are not included in the reservation price unless specified.
1012.4 We also reserve the right to bar or block Users from and/or to partially or fully restrict their access to, whether or not with an Agoda Account, our Platform on a permanent or temporary basis, at our discretion. If you are blocked, you agree not to attempt to use our Platform under any other name or through any other User. Before we take any action, we may use reasonable efforts to notify you of the reasons, except in cases of suspected or actual fraud, Platform abuse, breach of these Terms, or where notice is reasonably impracticable or would compromise our investigations, the security of the Platform or Users, or the interests of our Partners.
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110During special events and periods, some Accommodations require each guest to purchase additional services (for example, a dinner on New Year's Eve). If we are aware of a required additional service you must purchase, we will display it in the booking conditions or with your reservation price.
103**3\. PLATFORM CONTENT AND AVAILABILITY**
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112To travel to Accommodations in some locations (for example, islands in the Maldives), all guests must arrange transportation transfers in advance for an additional fee. Some Accommodations require Agoda to collect payment for the transfer when a reservation is made. We will show these additional transfer fees with your total price. Agoda does not control or operate transfers, and is not responsible for the quality, safety, frequency, or service levels of the transportation.
1053.1 We make no guarantees as to the authenticity, accuracy, ownership, non-infringement or completeness of any Content on our Platform, including Content provided by other Users or our Travel Suppliers. Accordingly, we are not responsible or liable for any Content supplied by our Travel Suppliers uploaded to our Platform. The displayed prices for our Travel Products are dynamic and can change during or after your search. Once you have a Confirmed Booking, as defined further below, subsequent changes in displayed prices will not affect the price of your booking. All information about Travel Products on our Platform, including but not limited to any ratings (aside from star ratings for Accommodations as set out in clause 16), rankings and reviews, is provided to us by the corresponding Travel Suppliers of such Travel Products, or their respective representatives including their distributors, channel managers and partners. We also make no guarantees that the Content available on our Platform has not been altered through technical defects or by unauthorised third parties.
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114If you are unsure or concerned about additional charges, please verify with the Accommodation or [Customer Service](https://agoda.com/info/contact-agoda.html) which extra fees (if any) are payable in addition to your reservation.
1073.2 If you save any Travel Products using any save, wishlist, or similar feature on our Platform, please note that all information displayed for those Travel Products, including, without limitation, pricing, content, promotions, and availability, is subject to change at any time and may become unavailable without notice. Promotions or special offers associated with saved Travel Products may be subject to limits, eligibility criteria, blackout dates, or end dates, and may expire or be withdrawn at any time. Agoda does not guarantee the accuracy, availability, or continued availability of any such information for saved Travel Products. We will not be responsible or liable for any expired, withdrawn, or unavailable Travel Products or offers, or any loss or inconvenience you may incur as a result. To confirm current details before booking, you must visit the relevant Travel Product page. The terms and price shown at the time of booking will apply.
115108
116**C. Additional Charges for Ancillary Services**
109**3.3 All Content accessed by you using our Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Except for liability arising from gross negligence or willful misconduct, under no circumstance shall Agoda be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platform, including but not limited to any errors or omissions, or any additions, removals, or modifications that we make on our Platform.** We make no guarantee that our Platform will always be available or uninterrupted. We will not be liable to you for any loss or damage resulting from any unavailability or interruption of our Platform or Services.
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118Please note that all prices on the Site are for Ancillary Services are set by our Partners, unless otherwise indicated. Please refer to the appropriate Partner's terms and conditions for any additional charges that may be applicable to your reservation (for example, airport tax).
1113.4 Our Platform does not constitute and should not be regarded as a recommendation or endorsement of any Travel Product and/or Travel Supplier listed on our Platform. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status, features, or adequacy of any Travel Product and Travel Supplier listed on our Platform. We may from time to time offer certain programs under which Travel Suppliers may improve their Travel Product's visibility on our Platform, including but not limited to through sponsored listings. Such Travel Product listings will be marked or contain wording for clarity.
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120Your reservation, and any Ancillary Services you purchase, do not include insurance.
113**4\. USER CONTENT AND REVIEWS**
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122**D. Currency Conversion**
1154.1 To the extent that our Platform allows you to post, upload, transmit or otherwise make available any Content, including but not limited to your review of any Travel Product ("**User Content**"), you agree that:
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124The prices shown in Agoda listings are based on rates set by the properties in their Property Currency. You may choose to view listing prices in the Property Currency or a different Display Currency. If your payment card or account supports it, we may give you the option to select the Charge Currency before you pay for your booking.
117 4.1.1 you are solely responsible and liable for the User Content that you upload and you represent and agree that you will not share anything that is false, misleading, discriminatory or that would violate or infringe any rights of any third party, including the privacy or intellectual property rights or proprietary rights;
125118
126**Definitions**
119 4.1.2 all User Content that you upload is not confidential or proprietary and will comply with our relevant review guidelines, including our [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html);
127120
128- **Account Currency** means the default currency of the payment card or account you use to pay for a booking.
129- **Charge Currency** means the currency in which you are charged for a booking.
130- **Display Currency** means the currency in which you choose to view prices on our Site.
131- **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.
132- **Indicated Rate** - Bloomberg Generic Composite Rate mid-rate on the current day.
133- **Daily Adjusted Rate** - Bloomberg Generic Composite Rate on the day payment is processed plus a 5% currency conversion charge.
121 4.1.3 your User Content should not include personal information. If it does, it can only be used for the purposes herein and only if such use complies with applicable data protection laws in accordance with our [Privacy Policy.](https://agoda.com/info/privacy.html)
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135**Account provider rates**
136If 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.
123 4.1.4 although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works from any and all such User Content with or without attribution to you, including without limitation for the purposes of advertising and marketing our Platform, and you also agree so far as legally possible to waive absolutely your moral rights and any broadly equivalent rights you may have in such User Content in any territory of the world;
137124
138**Agoda rates**
139If 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.
125 4.1.5 we have your consent to take action against individuals and entities who breach our or your rights in relation to the User Content;
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141**Converted currency prices are indicative**
142If you choose a Display Currency that is different from the Property Currency, Agoda will display indicative prices converted using our Indicated Rate. The converted Display Currency price is a preliminary estimate of the price in your Display Currency - it is not firm or binding. The converted price in the Display Currency is provided for your convenience, to allow you to compare different rates, packages, and conditions in the currency you prefer to use.
143Because room prices are set by properties in the Property Currency, the amount you pay for a booking will depend on three variables:
127 4.1.6 User Content does not constitute our endorsement of or affiliation with you; and
144128
145- the Charge Currency ;
146- whether your booking is Pay Now, Book Now Pay Later, or Pay at Hotel;
147- the exchange rate between the Charge Currency and the Property Currency on the day we process your payment.
129 4.1.7 we are under no obligation to host, store, retain, publish, share or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.
148130
149**Pay Now bookings**
150If you change the Charge Currency , we will update your total price to show the amount we will process to your payment account. We can do this because we know the exchange rate at that time. If you choose a Charge Currency that is different from the Display Currency, Agoda will use the Daily Adjusted Rate to convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert currencies.
131 4.1.8 all User Content that you upload must not be illegal and must comply with the [Content Guidelines](https://agoda.com/info/eu-digital-services-act.html).
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152**Book Now Pay Later bookings**
153If your Charge Currency is different from the Property Currency or Display Currency, Agoda will use our Daily Adjusted Rate on your payment date to convert the Property Currency price to your Charge Currency. If you change your Charge Currency , we will show you the price in the Property Currency that will be used to determine the total charge on your payment date and the estimated converted price that you will be charged based on the current Daily Adjusted Rate. We do this because we do not know what the actual exchange rate will be on your payment date.
1334.2 For the avoidance of doubt, we reserve the right, in our sole discretion, to remove User Content in accordance with the Guest Review Guidelines and/or which, in our opinion, is in violation of these Terms or any applicable law or may cause harm to us, other Users or third parties. We will notify you of the reason/s for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for us or our Partners; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any User, other third party, us or our Partners.
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155**Pay at Hotel bookings**
156When you make a Pay at Hotel booking, we will update your total price to show the amount you will pay in the Property Currency. You will pay the Property directly, in the Property Currency or any other currency the Property agrees to accept. If you pay in a different currency, or with a payment account that uses a different currency, the actual amount you pay will depend on the exchange rate(s) used by the Property and your payment providers. These factors are outside of Agoda's control.
135**5\. THIRD PARTY LINKS**
157136
158**A Word on Charges for Taxes and Fees**
1375.1 Hyperlinks on this Platform to websites operated by third parties are only provided for your reference. Agoda takes no responsibility for the services provided by and/or content of these websites and has no control over their content, access and privacy policies. If you click on a third party hyperlink or advertisement, please be aware that you would be leaving our Platform and any data you provide will be processed in accordance with said third party's respective privacy and cookie policies, which we advise you consult beforehand. Agoda will not be responsible or liable for the consequences of accessing these websites, including exposure to hardware and software viruses, spy and malware. We do not endorse or recommend these websites or any of their contents.
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160In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument may include a charge for taxes and fees ("Taxes and Fees") unless indicated otherwise. In relation to Accommodations, this charge includes an estimated amount to recover the amount Agoda pays to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee Agoda retains as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. If the balance is negative, Agoda will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Agoda pays the Accommodation and the location of the Accommodation where you will be staying, and may include profit that Agoda retains.
1395.2 Any third party that wishes to establish links to our Platform should notify Agoda of their intention prior to doing so. Agoda may deny permission for any such links to our Platform. If Agoda gives its permission for any such links, Agoda is not under any obligation to establish reciprocal links with the third party.
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162Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed and Agoda pays over such amounts directly to the vendors. Agoda is not a co-vendor associated with the vendors with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
141**SECTION B: GENERAL BOOKING AND PAYMENT TERMS**
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164For transactions involving Accommodations located within certain jurisdictions, the charge to your Payment Instrument for Taxes and Fees includes a payment of tax that Agoda is required to collect and remit to the jurisdiction for tax owed on amounts Agoda retains as compensation for services.
143**6\. AGODA SERVICES**
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166For reservations where you need to pay at the Accommodation, the price may or may not include taxes and fees. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.
1456.1 The terms in this Section B apply to Agoda's provision of its Travel Product booking facilitation-related Services through the Platform. Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner's platform, please refer to that Partner's respective terms and conditions of use and privacy policy instead as these will govern the relationship between you and that Partner. For the avoidance of doubt, where the Travel Product is provided by a Partner, your booking through the Platform is an offer to book a reservation (e.g., for Accommodations, Flights or a rental car, you are making a request to book a reservation with the Partner that is subject to acceptance by the Partner before it becomes a binding transaction) at the price listed on the Platform for such Travel Product on such other terms and conditions notified to you by the Partner at the time of booking, which shall become a binding contract when your booking is accepted by the Partner and will be subject to the Partner's terms and conditions. Where applicable, the Partner will indicate the acceptance of such Travel Product booking via an e-mail confirmation to you. In these cases, we will provide your payment information to the relevant Partner to process your payment and confirm your booking. The Partner reserves the right to reject bookings as set out in their terms and conditions.
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168In some locations, Accommodations may be required by local law to charge and collect city, bed, tourist occupancy or equivalent taxes directly.
1476.2 Unless otherwise stated, all of our Travel Product booking facilitation-related Services are provided by Agoda Company Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 36 Robinson Road, #20-01 City House, Singapore 068877 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 200506877R.
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170Taxes and fees for Ancillary Services you may purchase are described out in our Partner's terms and conditions.
1496.3 Please note that Agoda does not organize any ground transportation. Where ground transportation is offered, this can be organized by and offered by or on behalf of the Travel Supplier or a Partner, not Agoda. Agoda does not assume any liability for the quality, safety, frequency, or service levels of such transportation services. Where your Confirmed Booking includes a self-transfer, you are responsible for the transfer and, subject to the terms of the [Agoda.com Guarantee](https://agoda.com/flights/info/agodaguarantee) (if available), Agoda does not assume any liability in relation to the self-transfer. Please verify with [Customer Service](https://agoda.com/info/contact.html) which extra fees are (not) included for self-transfers and ground transportation.
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172**4\. Privacy**
151**7\. BOOKINGS**
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174We respect your privacy. Please have a look at our [Privacy Policy](https://agoda.com/info/agoda_privacy.html) for further information.
1537.1 When making a booking for any Travel Product through our Platform, that booking is made directly with the Travel Supplier(s) named on the booking page. Our Platform only acts as a facilitator of such bookings. We do not provide, own or control any of the Travel Products that you can access through our Platform and we have no obligation to provide or operate the Travel Products. The Travel Products are owned, controlled or made available by the Travel Suppliers either directly or as an agent. The Travel Suppliers are responsible for their respective Travel Products. Your interaction with any Travel Supplier through our Platform is at your own risk. Agoda does not bear any responsibility should anything go wrong during your travel or your use of the Travel Product.
175154
176**5\. Payment - Credit Card - "Book Now, Pay Later" - Age - Fraud**
1557.2 A credit card, debit card, digital wallet or such other payment method as we may from time to time accept ("**Payment Instrument**") will be required in order to make a booking for a Travel Product through our Platform.
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178For pre-paid Accommodation bookings with Agoda, you authorize us to collect and process (including the collection and processing through a third party) your information required by processing service providers or the financial institution that issues your Payment Instrument such as a credit or debit card in order to verify your identity. Personal information collected about you and that may be shared to such third parties (including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.
1577.3 When you submit a booking through our Platform, you make an offer to book the specified Travel Product(s) subject to these Terms ("**Booking Request**"). The Travel Product shall be supplied by the Travel Supplier to you and the terms and conditions applicable to that Travel Product shall be between you and the Travel Supplier and shall be a separate binding contract pursuant to these Terms between you and the relevant Travel Supplier once accepted by such Travel Supplier, communicated to Agoda, and subsequently communicated to you via a confirmation email from Agoda ("**Confirmed Booking**"). You acknowledge that the "thank you page" shown after the submission of your Booking Request does not indicate a Confirmed Booking and only indicates that your Booking Request has been received by Agoda for processing.
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180To complete payment for such pre-paid Accommodation bookings, you authorize Agoda or Related Companies to charge or debit your Payment Instrument for the full price (sometimes without any option for refund depending on the Accommodation's booking conditions, see below) upon reservation and confirmation of the booking or, in case of a "**Book Now, Pay Later**" booking, at the future point in time communicated in the confirmation email. When using "**Book Now, Pay Later**", please ensure that your Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment Instrument cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorized on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Agoda or Related Companies will process refunds, if and when applicable, within a reasonable timeframe.You also authorize the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. For certain Accommodations, Agoda will not charge your Payment Instrument, as you will pay the Accommodation directly for your stay (post-paid). However, in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full price of the reservation up-front. Accommodations may require credit card details in order to guarantee your reservation. As such, Agoda will send your Payment Instrument information directly to the Accommodation at which your booking is made and may verify (i.e. pre-authorize) your Payment Instrument as well. In order to safeguard and encrypt your Payment Instrument information when in transit to us, we use the "**Secure Socket Layer (SSL)**" technology for our services. Please note that your bank may impose additional fees on the transaction.
1597.4 In some cases, we may provide you with a confirmation number in the confirmation email ("**Booking Confirmation Number**"). Depending on the policy of the Travel Supplier, the confirmation may also contain a voucher for redemption ("**Booking Voucher**"). Neither we nor the Travel Supplier will be responsible for Booking Confirmation Numbers or Booking Vouchers that are lost, stolen, mutilated, damaged or destroyed.
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182Certain Payment Instrument companies charge their member banks a fee for processing "**foreign transactions**". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of Agoda .
1617.5 The relevant Travel Supplier(s) may impose additional terms and conditions, rules and restrictions (each a "**Travel Supplier Terms**") that will be applicable to your Confirmed Booking, including in relation to changes, cancellations and refunds. You will be provided with the name of each Travel Supplier and in some cases, the applicable Travel Supplier Terms or a link to their Travel Supplier Terms, during the booking process. As the Travel Supplier Terms applicable for each Travel Product may vary, you should ensure that you fully understand and accept all of the applicable Travel Supplier Terms before completing your booking. If you are booking on behalf of other persons, you are required to ensure that they are aware of and agree to the applicable Travel Supplier Terms. If you fail to comply with the Travel Supplier Terms, the Travel Supplier has a right to refuse or cancel your booking without offering any refunds. For enquiries about the Travel Supplier's products and services or its Travel Supplier Terms, please contact the Travel Supplier directly.
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184In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Agoda, please contact our Customer Service team immediately.
1637.6 Agoda has the right to reject any Booking Request, and cancel any Confirmed Booking, including on behalf of the Travel Supplier, or any part thereof, for one or more of the following reasons:
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186In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian). You undertake that the Payment Instrument you are using is your own or that you are authorized to complete the booking with this Payment Instrument and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
165 7.6.1 you are in breach of these Terms, Travel Supplier Terms, or any applicable law;
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188You undertake that the details you provide us with in making a booking are fully correct. Agoda reserves the right not to accept certain Payment Instruments. Agoda may add or remove other payment methods at its discretion. For increased convenience, Agoda now also offers the option to have your Payment Instrument details securely stored on file. If you choose to store a credit or debit card with Agoda, we may not ask you for the Card Verification Value or security code the next time you use it to make a booking. For more details, have a look at our Privacy Policy.
167 7.6.2 Agoda reserves the right to reject any Booking Request on the basis of actual or suspected fraud and to cancel any Confirmed Booking on the basis of actual or suspected fraud or abuse;
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190We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card, also when using "**Book Now Pay Later**". The balance will be charged after confirmation or, in case of "**Book Now Pay Later**", on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you have received a confirmation email with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Agoda can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will be cancelled because it is incomplete and any amounts charged (including the verification charge where applicable) will be refunded.
169 7.6.3 any event or circumstance set forth in clause 38.1;
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192**A word about Instalments**
171 7.6.4 regular or emergency maintenance of Agoda's Platform and systems is required;
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194In certain jurisdictions, Agoda supports payment by instalments ("**Instalments"** or "**Deferred Payments**"). This service is not provided by Agoda but by a third party ("**Instalment Facilitator**"). If you desire to pay in Instalments, you will need to agree to the terms and conditions of the instalment payment structure of Instalment Facilitator and/or to an additional payment agreement with Agoda made available at the Instalment Facilitator's website. If you do not meet the requirements or you do not meet the terms and conditions of the Instalment Facilitator, the instalment feature will not be available to you. If you are in breach of the terms and conditions of the Instalment Facilitator, you will be subject to the consequences stipulated by the Instalment Facilitator's terms and conditions. Agoda reserves the right to cancel your booking, when you are in breach of Instalment Facilitator's terms and conditions. You agree to pay and be solely liable for the full amount of the booking amount and you agree that Agoda has the right to assign the booking amount payable by you to the Instalment Facilitator and/or its factors.
173 7.6.5 the Travel Supplier rejects or cancels the Booking Request (including cases where bookings are not accepted from individuals holding certain passports or using payment methods issued by specific financial institutions);
195174
196**A word about failed payments**
175 7.6.6 the Travel Supplier is unable to provide the product or service due to technical issues in the systems necessary to complete the Customer's booking; or
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198For a variety of reasons, payment on the Site may fail. In such cases, Agoda will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.
177 7.6.7 there is an error in the information entered by the Customer at the time of booking, and the Customer fails to correct it despite notification from Agoda.
199178
200**6\. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out - Specific Accommodation Policies - Special Needs - additional Agoda services or products**
179If you have already made payment, we shall refund you the amounts paid in respect of such rejected or cancelled parts in accordance with the applicable refund policy for your Booking.
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202By making an Accommodation reservation on our Site, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Site at the Accommodation information pages or under "Booking Conditions", "Cancellation Policies" or the like, and in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation's cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation's cancellation policy, Agoda reserves the right to charge a cancellation fee, this will be indicated on the Site. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.
181**8\. PRICING, ADDITIONAL CHARGES AND TAXES**
203182
204If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.
183**8.1 Currency selection and effects**
205184
206Many Accommodations have specific policies around children, accompanying travelers and/or traveling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.
185The price you pay for a booking will depend on your selected payment methods (may include, "Pay Now", "Book Now, Pay Later", "Pay at Hotel" or "Book with Zero Pay", as described in clauses 9 and 15, Display Currency, Payment Instrument, Payment Instrument Currency, Product Currency, Charge Currency, and any applicable credits and discounts, among other things.
207186
208Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and are not guaranteed by Agoda. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival. Agoda will not be liable to you for any damages or costs that you suffer if the Accommodation does not meet your special needs.
187 a. "**Display Currency**" means the currency displayed to you on the Platform. Your default Display Currency is based on your IP address and/or your Account Settings.
209188
210**A word about Agoda Price Alerts**
189 You can select your preferred Display Currency by clicking the currency code (e.g. USD, AUD) shown on the Platform, or in Account Settings.
211190
212You may elect to set Agoda "Price Alerts" on Accommodations found on our Site. If elected, we will send you a Price Alert when prices at your selected Accommodation(s) and for the indicated time frame on our Site change. Price Alerts will not be specific to a type of room or other features relating to an Accommodation (e.g. breakfast included, full board, type of bed). A maximum of one Price Alert per Accommodation per day will be sent to you. Sending a Price Alert will only be triggered if the Accommodation price changes beyond a "materiality" threshold we set. The type of Price Alert sent to you will depend on the medium you use, that is by email if your chosen Site is the Agoda website or by push notification if your chosen Site is our Agoda app. You are responsible for updating your Price Alert settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for the selected Accommodation or another Accommodation for the indicated time period until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. Additionally, we will of course provide you with the ability to opt out of receiving Price Alerts at any time by clicking on the "turn off price alerts" or a similar message found in the Price Alert sent to you. For more information on this, please see our Privacy Policy.
191 b. "**Payment Instrument Currency**" means the default currency of the Payment Instrument as determined by the issuer of the Payment Instrument.
213192
214**A word about Agoda's Secret Deals**
193 c. "**Product Currency**" means the currency of the Travel Product based on the location of the Travel Product or the currency that the Travel Supplier uses for its Travel Product listings with Agoda.
215194
216Through its "Secret Deals" program, Agoda is frequently able to offer quality Accommodation rooms at very attractive rates, which means you can enjoy great savings on quality accommodation at selected properties worldwide, from luxurious five-star to charming boutique hotels. For various reasons, the Accommodations participating in this program prefer to stay anonymous until the booking is confirmed and paid.
195 d. "**Charge Currency**" means the currency in which you are charged for a booking.
217196
218Secret Deals are indicated with a specific logo and you can browse and consult key information about these properties (general area, description, facilities) prior to making a reservation, but you will not know which property it is. Upon completion of your reservation, the property name, location and contact details will be revealed. To ensure that Agoda can continue to offer these special rates on a regular basis, Secret Deal bookings are non-cancellable and non-refundable.
197The Platform allows users across the globe to make bookings with Travel Suppliers around the world. Hence, the Platform provides you with the ability to choose the Display Currency and/or the Charge Currency.
219198
220**A word about PointsMAX**
199Before you select your Charge Currency on the booking form/payment information page, the Platform shows you estimated prices of your booking in your Display Currency for your convenient reference only. Where relevant, Agoda uses the Bloomberg Generic Composite Rate to calculate those estimated prices of your booking.
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222Through its "PointsMAX" program, Agoda is offering you the opportunity to collect points with certain third party loyalty programs (e.g. miles programs from airlines). For certain Accommodations, you will be able to select a third party loyalty program from the PointsMAX menu to view offers, next to our usual room offering. If available, you will be offered the choice of a PointsMAX booking that will incur points with your selected third party loyalty program. The points you are earning and the program name are reconfirmed on your booking form and the thank you confirmation message you will receive after making a PointsMAX booking. Points will be posted directly on your third-party program account within 2 to 8 weeks after your check-out date. For the avoidance of doubt, the PointsMAX program does not apply to Ancillary Services provided on the Site.
201On the payment information page, when your Payment Instrument Currency is different from the Display Currency, Agoda may propose you, as Charge Currency, to be charged in Display Currency or Payment Instrument Currency.
223202
224Some important notes on all PointsMAX bookings:
203<table><tbody><tr><td>If you select a <strong>"Pay Now" booking ...</strong></td><td>Agoda will calculate the price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, an additional amount up to 5% of the price (the "<b>Additional Amount"</b>) will be added when Charge Currency is different from Display Currency, except when <i>(A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the United States (US), Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making booking for Accommodations in India.</i><p>The Additional Amount will not apply if your selected Charge Currency is the same as Display Currency.</p><p>When you click "Book Now!", you will be charged the price shown to you in your selected Charge Currency.</p></td></tr><tr><td>If you select a <strong>"Book Now, Pay Later" booking ...</strong></td><td>Agoda will calculate an estimated price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, the Additional Amount will be added:<p>(i) when Charge Currency is different from Display Currency; and/or</p><p>(ii) when Charge Currency is different from Product Currency,</p>except when <i>(A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the US, Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making your booking for Accommodations in India.</i><p>If the conditions for applying both sections (i) and (ii) are met, the Additional Amount will only be applied once.</p><p>The Additional Amount will not apply if the Display Currency, Charge Currency, and Payment Instrument Currency are in the same currency.</p><p>Because you have selected a "Book Now, Pay Later" booking, you will not pay anything until the payment date shown on the booking form/payment information page, and on your booking confirmation.</p><p>On the payment date, Agoda will calculate the final price for your booking in your selected Charge Currency using the Bloomberg Generic Composite Rate and, where applicable, including the Additional Amount.</p></td></tr></tbody></table>
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226- The membership ID of the intended beneficiary of the third party points must belong to the guest staying at the hotel (identified by the lead guest name);
227- The rates for PointsMAX bookings may be different from regular bookings at the same conditions;
228- PointsMAX booking rates cannot be broken down into a room rate and points component;
229- Any applicable cancellation policy will apply in full to the PointsMAX bookings;
230- Only reward points or miles can be collected, not status points or points;
231- Cancelled reservations will not earn points, regardless of the financial cancellations conditions;
232- Points cannot be exchanged in cash and are not cumulative with other offers;
233- The Agoda price guarantee does not apply to PointsMAX bookings; and
234- The terms and conditions of the third party loyalty programs will apply to such program.
205_**REMINDER:** Your final price on the payment date may increase (or decrease) compared to the estimated price, depending on any changes in the relevant Bloomberg Generic Composite Rates between the day that you confirm your booking and the payment date._
235206
236**A word about Promotions**
207<table><tbody><tr><td>If you select a <strong>"Pay at Hotel" booking ...</strong></td><td>The Additional Amount does not apply for Pay at Hotel booking.<p>Agoda will calculate and show you on the booking form/payment information page an estimated price for your booking in your selected Display Currency using the Bloomberg Generic Composite Rate. You will pay on the date of your stay period at the Accommodation, in the currency indicated on the booking form/payment information page, or in any other currency that the Accommodation accepts.</p><p>If you pay the Accommodation in a different currency, or with a Payment Instrument that uses a different currency, the actual amount that you will be charged for your booking will depend on the exchange rate(s) used by the Accommodation and/or your Payment Instrument provider. These factors are outside of Agoda's control.</p></td></tr></tbody></table>
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238Agoda 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.
209Agoda updates its Bloomberg Generic Composite Rates regularly, and generally on a daily basis.
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240**A word about Agoda Reception**
211**Refunds**
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242Available 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.
213Without prejudice to the [Refund Policy](https://agoda.com/info/agoda-policies.html), when you cancel a refundable booking within the permitted cancellation period or for permitted cancellation reason, Agoda will refund you (i) the actual amount you paid for the booking regardless of the exchange rate on the date of refund, and (ii) the Additional Amount.
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244Any 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.
215**Payment Instrument provider fees**
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246**7\. Intellectual Property Rights - Trademark Notice**
217<table><tbody><tr><td>If you select a Charge Currency that is not the Payment Instrument Currency ...</td><td>Your Payment Instrument provider (for example, the bank issuing the payment card which you use to pay):<ul><li>may charge you additional fees; and/or</li><li>may determine the applicable exchange rate when the transaction is applied to your account. Your Payment Instrument provider may use higher or lower rates compared to the Platform.</li></ul><p>Any applicable fees are based on your agreement with your Payment Instrument provider. Agoda does not control or benefit from your Payment Instrument provider's exchange rate or fees.</p></td></tr></tbody></table>
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248The mark "Agoda", as well as certain local language transliterations thereof is a registered trademark of or licensed to Agoda and/or its affiliated companies in many countries worldwide, including but not limited to the USA, the EU, Canada, Singapore, Thailand, Japan, China, India, Malaysia, Australia, Russia, Korea, Indonesia, the UAE, Switzerland, etc. Other product and company names identified on the Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Agoda, its licensor or associated companies or a third party. The use on the Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Site, should not be construed as an endorsement or sponsorship of the Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Site. Agoda owns the copyright to the Site. You may not use the Agoda intellectual property without our consent.
219**8.2 Charges for Taxes and Fees**
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250The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.
221 8.2.1 When browsing Travel Products on our Platform, the Display Price is generally exclusive of taxes and service fees unless otherwise expressly stated.
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252Unless stated otherwise, the software required for our services or available at or used by the Site and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Agoda, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Agoda does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
223 8.2.2 In connection with facilitating your booking, the charge to your Payment Instrument may include an amount for charges, taxes and fees ("**Taxes and Fees**") unless indicated otherwise, which may include bank and credit card fees and charges where this is available or known to us. Such bank and credit card fees and charges, where it is applicable to you, may alternatively be displayed as 'Processing cost' in the booking form. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Agoda pays the Travel Supplier and the location and type of the Travel Supplier and/or Travel Product and may include a fee that Agoda retains.
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254You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
225 In relation to Flights or Accommodations, these Taxes and Fees may include a fee, for the facilitation services provided by Agoda in relation to your Booking ("**Agoda Booking Fee**"), which may also, where it is applicable to you, be displayed as a 'Convenience Fee' in the booking form. Except where expressly prohibited by law, the Agoda Booking Fee (including any Convenience Fee) is non-refundable.
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256We may provide hypertext links to other sites which are operated by other people. Using such a link, you acknowledge leaving the Site and proceeding at your own responsibility.
227 8.2.3 In relation to Flights and Accommodations, these Taxes and Fees include an estimated amount to recover the amount Agoda pays on your behalf to the relevant Travel Supplier(s) in connection with your booking for taxes owed by the respective Travel Supplier(s), or Agoda as the case may be, in respect of their service to you, including, without limitation, sales and use tax, occupancy tax, room tax, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, service tax, excise tax, value added tax, goods and services tax, consumption tax and/or other similar taxes.
257228
258**Claims of Copyright Infringement**
229 8.2.4 For bookings involving Travel Products located in certain jurisdictions, the Taxes and Fees amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the relevant Travel Supplier, or Agoda as the case may be.
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260If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the "complainant") may send us a written notice that includes the following information:
231 8.2.5 In certain jurisdictions, the Taxes and Fees amount paid to the Travel Supplier on your behalf in connection with your reservation may vary from the Taxes and Fees amount Agoda estimates and includes in the charge to you. The balance of the (estimated) charge for Taxes and Fees, if any, is a fee Agoda may retain as part of the compensation:
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2621\. the name and address of the complainant;
233 (a) in relation to any Flight component of your booking, as our handling fee for the services provided by Agoda to you in respect of such Flight(s);
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2642\. where the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
235 (b) in relation to any Accommodation (as applicable depending on the jurisdiction), as our fee for the services provided by Agoda to you in respect of such Accommodation.
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2663\. where the complainant is not resident in Singapore, the complainant's address for service in Singapore;
237 8.2.6 You are fully responsible for all taxes, charges, fees, duties and assessments arising out of the use of this Platform. While we aim to provide customers with the total price of each booking on the Platform, there is a chance that a government-imposed tax may be added or increased after the booking is purchased. If this occurs, by accepting these Terms, you agree to pay the new or higher government-imposed tax, where not prohibited by law.
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2684\. a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
239 8.2.7 Except as otherwise described in these Terms, Agoda is not collecting and remitting taxes to the applicable tax authorities, unless otherwise required by law or where Agoda is required to collect and remit taxes on behalf of the Travel Suppliers. The relevant Travel Suppliers, as vendors, include all known applicable taxes in the amount displayed as the total price of your booking and Agoda pays over such amounts on your behalf directly to the vendors or directly to the relevant tax authority where required by law. Agoda is not a co-party associated with the vendors or Travel Suppliers with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes may vary depending on various factors such as location, type of service etc.
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2705\. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;
241 8.2.8 Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner's platform, calculation of applicable taxes and fees will be set out in such Partner's terms and conditions.
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2726\. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
243 8.2.9 International transaction fees
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2747\. a statement that the complainant requires us to remove or disable access to the electronic copy;
245 Your Payment Instrument provider may charge you international transaction fees ("ITF") when you pay for your booking. The amount of ITF is solely determined by your Payment Instrument provider, and Agoda does not control or benefit from the ITF charged by your Payment Instrument provider.
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2768\. a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
247**8.3 Electronically Supplied Services**
277248
2789\. a statement that the information in the notice is accurate;
249Agoda may provide additional services independent of, in addition to, or ancillary to the Services and the services offered by the Travel Suppliers ("**Electronically Supplied Services**" or "**ESS**"). For ESS, we may request a service fee in consideration thereof, upon your acceptance of the ESS and subject to specific terms and conditions you may agree to for obtaining such ESS. For sake of clarity, such ESS fee, if charged by Agoda, will be over and above the amount you may be charged by the Travel Suppliers for availing the services offered by the Travel Suppliers.
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28010\. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
251Some of these ESS are provided independently by third parties and not by or on behalf of Agoda. When purchasing an ESS provided by a third party through our Platform, the booking for that ESS is made directly with the Partner(s) named on the booking page and our Platform only acts as a facilitator of such booking. For ESS provided by a third party through our Platform, we may be paid a fee or commission by the relevant Partner(s).
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28211\. a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes of proceedings under relevant provisions in the Singapore Copyright Act.
253**9\. PAYMENT**
283254
284The notice must be signed by the complainant and sent to us by registered mail to the address mentioned under Section 12, c/o Legal Department - Copyright Claims.
2559.1 Before you submit your Booking Request, you will be notified of the payment methods that are acceptable for that Booking Request. While most bookings are payable in full upon submission of your Booking Request ("**Pay Now**"), we may in some cases offer you the option of paying Agoda at a later date under **Book Now, Pay Later** or **Book with Zero Pay**, or paying the Travel Supplier directly under **Pay at Hotel**. Please refer to clause 15 for more details on these alternative payment options.
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286We will review and address all notices that comply with the requirements above in accordance with applicable law.
2579.2 You authorize Agoda or another Agoda Group entity to charge or debit your Payment Instrument for the full booking amount once you have submitted your Booking Request.Upon receipt of your payments by Agoda for Confirmed Bookings, your obligation to the Travel Supplier for that amount is extinguished.
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288We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if you make a false claim of copyright infringement.
2599.3 We reserve the right to cancel your booking, including on behalf of the Travel Supplier, if applicable, if the full payment for your booking is not received by the applicable due date, including but not limited to, the following situations:
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290**8\. Reviews - Further correspondence - Rights to User Content - Other services**
261 9.3.1 your Payment Instrument cannot be successfully charged on the intended Charge Date for whatever reason; or
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292By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, the confirmation and guest review communications (emails, SMS) are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review regarding the Ancillary Services provided. The completed guest review (including attachments, if any) may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review and submitting content with it such as pictures, you grant Agoda the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Agoda reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the [Guest Review Guidelines](https://agoda.com/rewards/hotelreviewguidelines.html). In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Agoda the right to pursue at law any person or entity that violates your or Agoda's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
263 9.3.2 for Book with Zero Pay bookings, you fail to complete final payment, or your final payment fails, on or before the payment date shown on the booking form, payment information page, and your booking confirmation.
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294Content submitted by users will be considered non-confidential and Agoda is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Agoda reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Agoda is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Agoda. Agoda shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Agoda Policies on the Site for more details.
2659.4 Local tax invoices may be obtained from the Travel Supplier offering the Travel Product to you. Where specifically required by law, Agoda may provide a local tax invoice to you.
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296If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Agoda or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Agoda , and its licensees, successors and assigns, from any claims that you could otherwise assert against Agoda by virtue of any such moral rights.
2679.5 For a variety of reasons, payment on our Platform may fail. In such cases, Agoda will use all reasonable efforts to offer you alternatives (where available) to ensure your booking can go ahead or offer you a refund in accordance with our [Refund Policy](https://agoda.com/info/agoda-policies.html). If you have any questions, please contact [Customer Service](https://agoda.com/info/contact.html).
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298**9\. Travel advisory - Visa requirements**
269**10\. CANCELLATIONS, CHANGES AND REFUNDS**
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300Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by their governments prior to booking travel, particularly when travelling to international destinations.
27110.1 If you wish to review, adjust or cancel your reservation, please follow the instructions in the confirmation email, use our self-service tool, or contact [Customer Service](https://agoda.com/info/contact.html).
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302By displaying Accommodations in particular destinations, Agoda does not represent or warrant that travel to such points is advisable or risk-free and Agoda can never be held liable for damages or losses that may result from travel to such destinations. Agoda can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.
27310.2 Any cancellations, changes, refunds and no-shows to your Confirmed Booking are subject to the applicable booking conditions and Travel Supplier Terms, including any additional fees that may be imposed by the Travel Supplier. You should read our [Refund Policy](https://www.agoda.com/info/agoda-policies.html), the cancellation and no-show policies of the relevant Travel Supplier(s), and the booking conditions for your selected reservation carefully prior to making your booking. Please be advised that certain reservations may be non-refundable, non-cancellable, and/or non-changeable.
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304Agoda cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.
27510.3 Without prejudice to clause 10.2, Agoda reserves the right to charge a cancellation and/or modification fee on behalf of the Travel Supplier, up to the full cost of the reservation, for any cancellation or modification by you of a Confirmed Booking, and such fees will be indicated on our Platform.
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306Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance can lead to severe penalties.
277**11\. YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES**
307278
308**10\. Complaints**
27911.1 When you submit a Booking Request, you represent and warrant to Agoda that:
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310If you have complaints about Agoda's service, you can contact our [Customer Service team](https://agoda.com/info/contact-agoda.html) via one of the methods described [here](https://agoda.com/info/contact-agoda.html). We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Agoda will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of the Partner providing the Ancillary Service.
281 11.1.1 you have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian);
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312**11\. Disclaimer of Warranties**
283 11.1.2 the Payment Instrument you are using to make the booking is your own or that you are authorized to complete the booking with it, and that there are sufficient funds to cover the cost of the transaction;
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314ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AGODA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGODA DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AGODA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AGODA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
285 11.1.3 the payment details you provide us with in making a booking are fully correct;
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316UNLESS AGODA IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, AGODA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
287 11.1.4 you or your legal guardian, where applicable, will not resell any Travel Products booked through our Platform;
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318LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, AGODA SHALL BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.
289 11.1.5 you or your legal guardian, where applicable, are not subject to any international sanctions program or restrictions;
319290
320**12\. General Limitation of Liability**
291 11.1.6 if and when applicable, you will satisfy all your obligations, tax, withholding or otherwise, as required by applicable law.
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322TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGODA AND RELATED COMPANIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
29311.2 You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Agoda and acknowledge that Agoda may use these details to contact you in the event that this should prove necessary in connection with your booking or other use of our Platform.
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324A force majeure event is any event beyond the Covered Parties' control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation's breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Agoda does not guarantee continuous access without interruption to the Site.
295**12\. PROMOTIONS**
325296
326Agoda will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of Use, the liability of Agoda, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). In case of an overcharge or mischarge caused by Agoda, you can make a claim regarding all erroneous charges notwithstanding what is set out above.
29712.1 Agoda may support promotional rates, vouchers, discounts, promo codes and special offers ("**Promotions**") and "**AgodaCash**" from time to time. Unless expressly stated otherwise, each Promotion may not be combined with other Promotions and/or loyalty programs. Promotions are subject to limits, eligibility criteria, further rules and special conditions which will be posted on our Platform, as may be amended by Agoda from time to time. Promotions cannot be redeemed, exchanged or refunded for cash, credit, or other products. Some Promotions may only be available in certain territories or for residents of certain territories and may exclude certain types of Travel Products and may be subject to additional terms and conditions. While discount amounts for promocodes may vary, the value of the discount will be clearly displayed within the price breakdown.
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328In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Agoda shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered.
29912.2 Where you have a promo code, or voucher, if it is not automatically applied, you must apply it on the booking form in order to apply it to your booking. Unless expressly stated otherwise, Promotions will not apply to the local taxes, service fees and additional charges of your booking.
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330**13\. Miscellaneous**
30112.3 Agoda reserves the right to stop the use of any Promotion for any reason. In case of any dispute relating to Promotions, Agoda's decision shall be final.
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332Agoda does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation services and welcoming people who have booked through the Site as their guests.
303**13\. FRAUD**
333304
334You agree to indemnify, defend and hold harmless Agoda, its subsidiaries and other affiliates, and their partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) any breach or non-compliance by you of any law or any term of these Terms of Use, (ii) any action, inaction or omission by you, or (iii) any dispute or litigation caused by your actions, inactions or omissions. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold all Agoda Companies harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.
30513.1 We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm your booking. If you choose not to submit the additional information or if we are not satisfied with the information received, your Booking Request will be cancelled because it is incomplete, and any amounts charged will be refunded. It is possible that a Travel Product becomes unavailable during the fraud check, in which case the booking will no longer be available. You acknowledge and agree that Agoda shall not be held liable in such circumstances.
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336You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Agoda will not be liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.
30713.2 If you suspect an unauthorized or fraudulent booking was made using your Payment Instrument via Agoda, please contact [Customer Service](https://agoda.com/info/contact.html) immediately. You should also contact your bank or Payment Instrument issuer immediately upon becoming aware of such unauthorized use.
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338For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.
309**14\. TRAVEL ADVISORY, VISA REQUIREMENTS AND INSURANCE**
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340The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
31114.1 It is your responsibility to ensure that you satisfy all applicable legal requirements when entering a country or territory, including its visa and health requirements. As these requirements are subject to change without notice, Agoda recommends that you review travel prohibitions, warnings, announcements and advisories and verify with the appropriate consulate prior to booking and again before departure. It is your responsibility to ensure that you are either insured by your own insurance company, or by the Travel Suppliers who may provide insurance coverage. Agoda takes no responsibility in the insurance process and recommends that you are sufficiently covered with a comprehensive travel insurance policy prior to departure.
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342Agoda reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof. In the event of termination of the Site, the reservations made via Agoda will still be honored unless you receive a notification. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Agoda shall not be liable to you or any third-party for any termination of your access to the Site. Agoda reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate. Accommodations have the right to change their offerings and this is outside Agoda's control.
31314.2 By displaying Travel Products in or to particular destinations, Agoda does not represent or warrant that travel to such points is advisable or risk-free and Agoda shall not be held liable for damages or losses that may result from travel to such destinations. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions.
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344Local tax receipts are only available from properties for bookings where payments are made at the property. For pre-paid bookings (pay Agoda), Agoda can issue local invoices for bookings in Singapore since Agoda is a tax resident of Singapore and also Agoda receipts for anywhere else.
31514.3 Unless otherwise stated on the Platform, prices do not include insurance. If insurance is displayed, marketed, or made available through the Platform (whether as an add on or a standalone product), you purchase it directly from the relevant third party insurer or its authorized distributor, and your contract is with that insurer, not Agoda. To the extent permitted by applicable law, the insurance may include value-added services, and details will be shown before purchase. By accessing the Platform, you acknowledge that Agoda does not underwrite, issue or administer insurance policies, nor do we guarantee the performance of any insurance product. The insurer's policy terms and conditions govern the insurance, and these Terms do not apply to insurance. Please review the terms and conditions of the applicable insurance product, which will be made available to you during the booking process. All matters relating to insurance, including claims, cancellations, refunds, coverage questions, determinations and disputes, must be directed to the insurer or any party appointed by the insurer (Agoda may only assist by referring you to the relevant party). To the fullest extent permitted by applicable law, Agoda makes no warranties about, and expressly excludes liability for, any insurance product, including its availability, suitability, coverage or performance.
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346The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising out of the Terms of Use and Agoda's services shall exclusively be submitted to the competent courts in Singapore. The _Contracts (Rights of Third Parties) Act 2001_ (Cap. 53B) is expressly excluded and shall not apply to the Terms of Use.
317**SECTION C: ACCOMMODATIONS**
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348Failure by Agoda to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.
319**15\. ADDITIONAL PAYMENT OPTIONS**
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350**14\. Governing Law and Disputes**
32115.1 To the extent your booking includes Accommodations, you may be given the option to Book Now, Pay Later. If you have selected this option:
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352(A) The Terms of Use and the provision of our services will be governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules. Any dispute arising out of the Terms of Use or otherwise connected to Agoda's services must exclusively be submitted to a court of competent jurisdiction in Singapore. The _Contracts (Rights of Third Parties) Act 2001_ (Cap. 53B) is expressly excluded and will not apply to the Terms of Use.
323 15.1.1 notwithstanding clause 9.2 above, your booking amount is payable on the Charge Date which will be at such future time as indicated in the corresponding confirmation email and you authorize Agoda or another Agoda Group entity to charge or debit your Payment Instrument on such Charge Date; and
353324
354(B) **For US customers only:**
325 15.1.2 you acknowledge and agree that a small verification charge or pre-authorization may also be made to your Payment Instrument at the time the Booking Request is submitted, with the balance charged when the booking amount becomes payable by you.
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356This part of Section 14 only applies to US customers. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This arbitration clause will survive termination of this Section.
32715.2 To the extent your booking includes Accommodations, you may be given the Pay at Hotel option to make payment directly at the relevant property. If you have selected this option:
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358This provision is intended to be given the broadest interpretation and application to encompass all disputes or claims arising out of or relating to your relationship with Agoda, including the use of our website, our services and any other interactions with us. Agoda is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, any dispute or claim arising out of or relating to this Section and your relationship with Agoda or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
329 15.2.1 notwithstanding clause 8.2, the Display Price may or may not include Taxes and Fees. Please verify the booking conditions and your confirmation email or voucher, or inquire with the Travel Supplier or contact our [Customer Service](https://agoda.com/info/contact.html) team;
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360Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this Section comes into effect (the "Opt Out Deadline"). This will be the earliest of (a) the date you first used our website, (b) the date you first used our services or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice using any of the following methods:
331 15.2.2 in some cases, a Travel Supplier may pre-authorize your Payment Instrument and charge a deposit or charge the full booking amount up-front; and
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362- By email to [arbitration.optout@agoda.com](mailto:"arbitration.optout@agoda.com") with the subject line: **Terms of Use - US Opt Out Notice**.
363- By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 30 Cecil Street, Prudential Tower #19-08, Singapore 049712.
364- Using our online [customer service form](https://www.agoda.com/info/contact.html) at this link. This option is supported if you have made a booking through Agoda and have a confirmation number.
333 15.2.3 in some cases, a Travel Supplier may require your Payment Instrument details in order to guarantee your booking and you hereby authorise Agoda to send such information to that Travel Supplier in accordance with our [Privacy Policy](https://agoda.com/info/privacy.html).
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366We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.
367For all disputes, whether pursued in arbitration or small claims court, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. You must send us written notice of the claim using either of the following methods:
33515.3 To the extent your booking includes Accommodations, depending on your location, you may be given the option to make payment of your booking amount in instalments ("**Instalments**" or "**Deferred Payments**"). If you have selected this option:
368336
369- By email to [arbitration.optout@agoda.com](mailto:"arbitration.optout@agoda.com") with the subject line: **Terms of Use - US Dispute Notice**.
370- By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 30 Cecil Street, Prudential Tower #19-08, Singapore 049712.
337 15.3.1 you acknowledge and agree that this payment option is not provided by Agoda but by a third party ("**Instalment Facilitator**") and subject to additional terms and conditions, including such terms and conditions as may be imposed by that Instalment Facilitator. You may be redirected to the Instalment Facilitator's environment to complete the instalment payment option and accept Instalment-specific terms and conditions. If you do not meet the Instalment Facilitator's terms it is at their absolute discretion to not make the instalment payment option available to you;
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372The arbitration of any dispute or claim will be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA Rules.
339 15.3.2 if you are in breach of the Instalment Facilitator's terms, you will be subject to the consequences stipulated by the Instalment Facilitator's terms. Agoda has no liability to you for any such consequences under these terms; and
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374You and we agree that this Section evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your claim, as well as afford public injunctive relief where such claims are permitted and cannot be waived by applicable law, and must follow and enforce this Section as a court would.
341 15.3.3 Agoda reserves the right to cancel your booking, including on behalf of the Travel Supplier, if you breach the Instalment Facilitator's terms and you agree to pay and be solely liable for the full booking amount. You further agree that Agoda has the right to assign the full booking amount payable by you to the Instalment Facilitator and/or its factors.
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34315.4 To the extent (a) your booking includes Accommodations in India; (b) you are making the booking from an IP address located in India; and (c) you are paying with an India-issuer Payment Instrument, you may be given the option to Book with Zero Pay. If you have selected this option:
344
345 15.4.1 you will not be required to provide your payment information when you submit your Booking Request;
346
347 15.4.2 you have the option to not pay for your booking until the payment date shown on the booking form, payment information page and your booking confirmation. However, on or before such payment date, you must log into your Agoda account and complete payment for your booking using an India-issuer Payment Instrument; and
348
349 15.4.3 we may send you a reminder as the payment date approaches, but it remains your responsibility to complete payment on or before the payment date regardless of whether we send you a reminder.
350
351**16\. STAR RATINGS**
352
35316.1 Star or other denoted ratings ("**star ratings**") may be displayed for some Accommodations on our Platform. Such star ratings are based on information we have received from the relevant Travel Suppliers and are provided for your information only. Agoda does not independently verify such star ratings and makes no representation that these ratings are or will be consistent with ratings on other websites and platforms. Without prejudice to the generality of clause 3.1, Agoda makes no guarantees or representations about the facilities, amenities, services, quality, comfort or any other features of any Accommodation based on the star ratings.
354
355**17\. BEST PRICE GUARANTEE PROGRAM**
356
35717.1 We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation.
358
359 17.1.1 Should you find your Confirmed Booking Accommodation, with the same booking specifications and conditions, at a lower price on the internet after you have made a booking through us, you may submit a claim to us in accordance with the terms of our [Best Price Guarantee](https://agoda.com/info/agoda-policies.html). If we determine that your claim meets the requirements of our Best Price Guarantee, we will match the difference between the price offered on our Platform and the lower price in accordance with the terms and conditions of the Best Price Guarantee. This clause does not apply to any bookings made using the services of a Partner.
360
361 17.1.2 In addition to the above, to fetch the best price, you allow Agoda to exercise, at our sole discretion, but without any obligation whatsoever, to re-book the same room type, with the same benefits (insofar as it satisfies the conditions above), if available at a cheaper price and reimburse you the savings in AgodaCash to your Agoda account.
362
363**18\. SECRET DEALS**
364
36518.1 To the extent that your booking relates to an Accommodation which is part of Agoda's Secret Deals program, you acknowledge and agree that you will only be notified of the name, location, and contact details of such Accommodation once you have a Confirmed Booking, and that such booking cannot be cancelled and is non-refundable to the extent permitted by applicable law. Accommodations that are part of the Secret Deals program come through specific arrangements with Travel Suppliers, and are indicated with a specific logo. Accommodations offered through the Secret Deals program may or may not be reflected in traditional retail inventory. When selecting and confirming such a booking, you acknowledge that your booking is made in accordance with clause 7.1.
366
367**19\. FAST TRACK SERVICE**
368
36919.1 Agoda "**Fast Track Service"** will enable you to get priority access to our customer service. At the time of your booking, you will be offered Agoda's Fast Track Service attached to the corresponding booking. Upon completion of your purchase of the Fast Track Service, Agoda will provide you with priority access across all modes of communication with our customer service agents - calls, emails, chats - corresponding to that booking. This means that you will be put first/ahead in the queue when you contact our customer service. Please note that the Fast Track Service will be offered similarly to all purchasers, which means that Fast Track Service will be offered on first-come-first served basis if there are multiple purchasers of the same service reaching out to our customer service at the same time. In the times of emergency, force majeure, natural disaster, etc., Agoda will provide this service on best effort basis.
370
37119.2 You can avail the Fast Track Service by paying an additional amount (over and above the price of your accommodation) at the time of booking your accommodation ("**Fast Track Fee"**). The amount of the Fast Track Fee will be calculated as a percentage of the total booking value of your selected accommodation and will be charged to you inclusive of applicable taxes. Once purchased, the Fast Track Fee will not be refunded to you in any event, including in the events of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to Agoda's customer service, even post cancellation of your corresponding booking, should you have any questions later.
372
37319.3 Upon completion of your purchase, the Fast Track Service will be available to you only with respect to the corresponding booking:
374
375 a) for departed bookings - from the time of booking creation up to 30 days after checkout date; or
376
377 b) for cancelled bookings - from the time of booking creation up to 30 days after cancellation date.
378
379**20\. SMARTFLEX SERVICE**
380
38120.1 Smartflex service allows you to book an accommodation with enhanced cancellation flexibility ("**Extended Cancellation Period"**) while making a reservation at your selected property ("**Smartflex Service"**). At the time of booking, amongst other offers, you may choose Smartflex Service. During the Extended Cancellation Period available to you under Smartflex Service, you can cancel your booking without any charge or cancellation fee. Cancelling your booking outside of this Extended Cancellation Period may attract cancellation fee as per the cancellation policy of the property. Both, at the time of your booking and upon completion of your purchase of the Smartflex Service, you will see the terms of the Extended Cancellation Policy corresponding to that booking.
382
38320.2 Smartflex Service is available to you by paying an additional amount (over and above the price of your accommodation) at the time of booking your accommodation ("**Smartflex Service Fee"**). Smartflex Service Fee will be disclosed to you at the time of your booking on the booking form/payment information page. In certain events, Smartflex Service Fee may not be refunded to you in case of cancellation of your associated booking.
384
38520.3 By choosing to purchase Smartflex Service offer, you agree to these Terms and all other terms made available to you at the time of your booking.
386
387**21\. CANCEL FOR ANY REASON SERVICE**
388
38921.1 For eligible Accommodation and Flight bookings, Agoda has partnered with Cover Genius Singapore Pte Ltd. ("**Cover Genius"**) who would offer an enhanced cancellation policy, called 'Cancel for any reason' ("**CFAR Service"**) independently to Agoda bookers. CFAR Service is provided, operated and managed by Cover Genius through XCover.com and not by or on behalf of Agoda. While making a reservation at an eligible Accommodation or for an eligible Flight, you may choose to add the CFAR Service as part of the Accommodation or Flight reservation. The CFAR Service allows you to cancel your Accommodation or Flight reservation at any time prior to check-in/booking commencement, in accordance with the terms of the CFAR Service and the corresponding policy issued to you by Cover Genius ("**CFAR Policy"**). The CFAR Service automatically expires as per the expiration date mentioned in the CFAR Policy issued to you by Cover Genius.
390
39121.2 CFAR Service is made available to you by Cover Genius by you paying an additional amount (over and above the price of your Accommodation or Flight) at the time of booking your Accommodation or Flight ("**CFAR Service Fee"**).
392
39321.3 By choosing to purchase and use the CFAR Service, you agree to these terms and conditions of CFAR Service, which are contained in the CFAR Policy issued to you by Cover Genius. The terms and conditions of the CFAR Service applicable to your booking, including exclusions and limitations, will be made available to you by Cover Genius at the time of your booking and upon completion of your purchase of the CFAR Service. For more information, visit [help center](https://www.xcover.com/en/help/partners/agoda).
394
395**SECTION D: FLIGHTS**
396
397**22\. RESCHEDULING AND CHANGES**
398
39922.1 To the extent that your Confirmed Booking includes any Flight(s), you acknowledge that the Travel Supplier and/or relevant airline or airlines may reschedule or cancel such Flights in accordance with the Travel Supplier Terms. Agoda is not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights, and any failure by the Travel Supplier to provide you with notice of changes to the Flights.
400
40122.2 If you wish to modify or cancel any Flight component of your Confirmed Booking, you acknowledge that in accordance with clause 10.3 above, Agoda will impose an additional charge of up to USD 50 (or the equivalent thereof in another currency) per person for each modification, except where prohibited by local law, and this is in addition to any applicable charges by Travel Suppliers and airlines. While these charges are additional, they are part of the compensation for our Services for Flights bookings.
402
403**23\. FARES WITH MULTIPLE AIRLINES**
404
40523.1 We may offer fares that are a combination of one-way and/or return Flight segments that could involve different airlines. In processing your combined Flight booking, it is possible that certain Flight segments will be confirmed and other Flight segments for the same journey cannot be booked (or may be cancelled or significantly changed after booking). You acknowledge that each Flight segment in a combined journey is a separate flight booking. You will not be allowed to modify or cancel the confirmed Flight segments for free, even if other Flight segments for the same journey are not successfully booked. All Flight bookings are subject to terms and conditions that may vary based on the travel origin/destination, including policies on Flight booking changes and fees, cancellations, and refunds for individual or combined Flights/segments. Changes to one Flight may not automatically be applied to the other Flight segments, which may need to be changed individually. This may result in separate fees and charges to change each segment, including the Agoda Booking Fees. You may require evidence of a return or onward travel for international flights. If the bookings of all Flight segments will be confirmed, you will receive a single booking confirmation for the whole journey. The fee Agoda retains as part of the compensation for its Services and to cover the costs of booking or facilitating your reservation, is calculated based on the whole journey at the time of booking.
406
407**24\. AIRLINE AND TICKET CONDITIONS**
408
40924.1 Without prejudice to the generality of clause 7.5 above, you agree to be bound by the terms and conditions of carriage of the airline(s) issuing the tickets for any Flight component of your Confirmed Booking. Such terms and conditions may include restrictions in relation to payment, refunds, cancellation, reservation modification, scheduled times and dates, liability, and fare restrictions and conditions. There may also be prohibitions on "point-beyond", "hidden-city", or "back-to-back" tickets and other bookings which include segments which you do not intend to use, on use of flight coupons out of sequence, and on buying a return ticket when you only intend to travel one-way. You understand that any violation of any terms and conditions of the airline, including purchase conditions, could result in cancellation of your Flight(s), being denied access to your Flight(s), or forfeiting any payments made for Flight(s). We may also charge you for any costs and penalties incurred as a result of such violation. We recommend that you read the refund, cancellation and no-show policies applicable to your Flight(s) carefully prior to making your booking, including where the airline changes or cancels your Flight booking.
410
41124.2 Sometimes, cheaper fares are available on the Platform for the same Flight, for the same Flight segment(s) on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your booking. Different tickets on the same airline for the same Flight may carry different restrictions or include different services.
412
41324.3 Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, including free or included pieces or weight of your baggage, seat selection, meals and priority boarding. While we provide some details of what is included in your ticket for your Flight, this is not a substitute for, or summary of, the airline terms and conditions and you should ensure to review these separately.
414
415**25\. FLIGHT PRICE**
416
41725.1 Please note that all prices for Flights on the Platform are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. We may also charge booking fees for certain types of bookings during or after the Booking is made. These will be displayed in the booking form.
418
419**26\. CUSTOMER SERVICE PACKAGES**
420
42126.1 The Customer Service Packages for Agoda Flights ("**Service Package"**) are available in three tiers - Premium, Plus and Basic - with each tier providing you with a different level of support and benefits as follows:
422
423 26.1.1 Agoda Modification and Cancellation Fee
424
425The applicable Agoda modification and cancellation fee, pursuant to the Terms, for your request to modify or cancel the Flight component of your Confirmed Booking will be fully waived for Premium tier and partially waived for Plus tier. Note that this modification and cancellation fee refers to the fee imposed by Agoda which is in addition to any applicable charges by Travel Suppliers and airlines. Non-refundable or non-changeable booking(s) will continue to be subject to the terms and conditions of the Travel Suppliers and airlines.
426
427 26.1.2 Prioritized Customer Service Responses
428
429Users in the Premium and Plus tiers will be provided with priority access when corresponding with our customer service agents in relation to the Flight bookings. This means that you will be prioritized in the queue of all callers and/or emails, depending on the tier you are in, when you contact our customer service. Priority access for Premium and Plus tiers are available when you contact Agoda customer service via the Help Center. Your call and/or email will be prioritized based on the Flight Booking ID provided by you. Users in the 'Premium' tier enjoy the shortest waiting time when contacting our customer service and will be prioritized over Users in the 'Plus' and 'Basic' tiers. Users in the 'Plus' tier will be prioritized over Users in the 'Basic' tier. Prioritization among Users within each tier will be given on a first-come-first served basis.
430
431In the times of emergency, force majeure, natural disaster, etc., Agoda will provide this service on best effort basis.
432
433 26.1.3 Promocode for Accommodations
434
435Each User in the Premium and Plus tier will receive a one-time use promo code applicable on an Accommodation booking of a minimum value of USD 250 on our Platform. The promo code will expire one (1) year from the purchase date of your Service Package. The use of promo code is subject to the applicable Terms governing Promotions.
436
43726.2 The Service Package is available to you for purchase by paying the applicable Service Package fee at the time of booking your Flight(s) ("Service Package Fee"). The Service Package Fee is non-refundable including in the event of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to our customer service, even after the cancellation of your booking.
438
43926.3 Upon completion of your purchase, the Service Package support and benefit will be available to you:
440
441 a) only with respect to the corresponding Flight booking; and
442
443 b) for a period of one (01) year only from the date of your corresponding Flight booking.
444
445**SECTION E: COMBINATION**
446
447**27\. SPECIFIC COMBINATION TERMS**
448
44927.1 Further to clause 8 above, the total Display Price for any Combination is based on booking and paying for the component of the Travel Products (e.g., the Accommodation(s) and the Flight(s) as a combined package). You acknowledge that the Display Price may not be the same as booking and paying for each component of the Combination separately.
450
45127.2 If the terms and conditions of your Combination permit you to change or cancel part of your Combination and you do so, your booking may then cease to constitute a Combination and the benefits and savings achieved by booking a Combination may no longer apply or be available.
452
45327.3 Notwithstanding clause 7.3 above, where your Booking Request relates to a Combination, each Travel Supplier involved must accept your Booking Request in order for you to receive a Confirmed Booking, and a separate contract is formed between you and each Travel Supplier involved for the respective Travel Product provided by that Travel Supplier.
454
45527.4 Further to clause 10 above, where you have booked a Combination that comprises two or more Travel Products, changes to or cancellations of one Travel Product will not automatically be applied to the other Travel Product(s). You are responsible for making any consequential changes and/or cancellations and any fees and charges incurred in doing so.
456
457**SECTION F: CERTAIN ACTIVITIES-RELATED TERMS**
458
459**28\. AGODA AS SELLER**
460
46128.1 For certain Travel Products offered in certain countries and territories, Agoda may act as the seller and not as an agent of the Travel Suppliers or the operator of the Travel Product. In these cases, your contract for the purchase of such Travel Product is directly with Agoda.
462
46328.2 Where Agoda is the seller, this will be expressly indicated in your booking confirmation. All payments for such Travel Products will be made directly to Agoda.
464
46528.3 For bookings where Agoda is the seller, Agoda is responsible for processing your booking and providing customer support related to your booking, in accordance with these Terms and the terms and conditions applicable to the Travel Product. However, Agoda does not own, operate, nor is it responsible for the operation or performance of the Travel Products themselves. The Travel Suppliers remain fully responsible for the provision and operation of the Travel Products, and your use of such Travel Products is at your own risk.
466
46728.4 The terms and conditions of the relevant Travel Supplier, including rules, restrictions, and requirements for use, will continue to apply to your Confirmed Booking and your access to and use of the Travel Product. You are responsible for complying with all such terms and conditions, and failure to do so may result in cancellation or invalidation of your booking.
468
46928.5 Agoda's liability in respect of Travel Products for which it is the seller is governed by the applicable limitation of liability provisions in these Terms, including but not limited to clauses 36.9 and 36.10.
470
47128.6 Except as expressly set out in this Section F, all other provisions of these Terms continue to apply.
472
473**SECTION G: OTHER AGODA PROGRAMS**
474
475**29\. AGODA PRICE ALERTS**
476
47729.1 Agoda offers the "**Price Alerts**" feature on our Platform in relation to certain Travel Products. Where available, you may set the Price Alerts feature to alert you through your selected communication channel about certain price changes to the relevant Travel Product during a specified time period.
478
47929.2 You are responsible for updating your Price Alerts settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for that Travel Product or any other Travel Product until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. You may opt out of receiving Price Alerts at any time by clicking on the 'turn off price alerts' or a similar message found in the Price Alerts sent to you. For more information on this, please see our [Privacy Policy](https://agoda.com/info/privacy.html).
480
481**30\. POINTSMAX**
482
48330.1 Agoda's "**PointsMAX**" program allows you to collect points with certain third-party loyalty programs (e.g., mileage programs from airlines) where available in respect of certain Travel Products. Agoda does not apply an additional charge to your booking amount in order for you to collect the third-party loyalty program points. You are responsible for selecting and inputting the correct third-party loyalty program details in order to collect such points. The PointsMAX program is subject to the terms and conditions of the [PointsMAX Policy](https://agoda.com/info/agoda-policies.html). All participating third-party loyalty programs are operated by third parties and Agoda shall not be liable for any losses, claims or damages suffered in connection with such loyalty programs.
484
485**31\. AGODA VIP PROGRAM**
486
48731.1 Agoda's loyalty program ("**VIP Program**") offers eligible members who are members of the VIP Program ("**VIP Members**") discounted rates and/or other special benefits on selected Travel Products ("**VIP Benefits**"), as determined by Agoda and/or participating Travel Suppliers. VIP Program membership is free of charge, non-transferable, and tied to a specific Agoda account and its owner. The VIP Program may include multiple tiers. Eligibility for each tier is determined by criteria we set (for example, completed bookings, total spend, and other factors), and different tiers may offer different VIP Benefits.
488
48931.2 Only selected bookings qualify for VIP Benefits. Unless expressly stated otherwise, VIP Benefits do not apply to additional purchases or add-ons (such as upgrades, extra baggage, or ancillary services). Certain VIP Benefits (including but not limited to Free Fast Track Services) may be available only to eligible VIP Members in specific tiers and may be subject to additional conditions from time to time (for example, location, booking type, booking value, or other criteria we set).
490
49131.3 Current VIP Program details, including eligibility criteria, criteria for each tier and the applicable VIP Benefits, are shown in the VIP Program section on the Platform and may be updated from time to time. We may change, suspend, or terminate the VIP Program, any tier, or any VIP Benefits from time to time, including, without limitation, changes to membership criteria, eligible booking types and the structure of the VIP Program. We may implement non-material changes to the VIP Program without advance notice, including, without limitation, revisions that do not affect the nature and scope of services provided by Agoda, other changes that do not affect essential provisions of the VIP Program, or changes that are required by law, a final court decision, or a binding order of a competent authority. We may also investigate suspected fraud or misuse and where necessary, suspend or terminate VIP Program membership and/or withdraw VIP Benefits.
492
493**SECTION H: GENERAL TERMS**
494
495**32\. DATA PROTECTION AND PRIVACY**
496
49732.1 For information regarding our treatment of your personal data, please review our current [Privacy Policy](https://www.agoda.com/info/privacy.html), which is incorporated by reference into these Terms. To the extent required under applicable law, your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your personal data in accordance with our [Privacy Policy](https://agoda.com/info/privacy.html).
498
499**33\. INTELLECTUAL PROPERTY**
500
50133.1 Unless otherwise stated, all rights in our Platform (including the intellectual property, technology, trademarks, arrangement and compilation of the Content and the infrastructure used to provide such Content, etc.) are owned by or licensed to Agoda. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platform and/or our Services granted to you pursuant to these Terms. Agoda's trade or service marks may not be copied, scraped, imitated or used, in whole or in part, without our prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Agoda's trade or service marks.
502
50333.2 Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Agoda.
504
505**34\. COPYRIGHT INFRINGEMENT CLAIMS**
506
50734.1 If you believe in good faith that any Content hosted by us infringes your copyright, you or your agent may send us a written notice in accordance with our [Copyright Infringement Claims Policy](https://agoda.com/info/agoda-policies.html).
508
509**35\. INDEMNITY**
510
51135.1 You agree to indemnify, defend and hold harmless the Agoda Group, their subsidiaries and other affiliates, and each of their respective partners, officers, directors, employees, representatives, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its Contents, payment service providers and other applicable third parties ("**Covered Party(ies)**") from and against any liability, damage or loss including legal fees and expenses in excess of the limits of liability set out in clause 36, arising out of or related to your (or any other person using your Agoda Account's):
512
513 35.1.1 breach of or non-compliance with any applicable law or these Terms;
514
515 35.1.2 illegal, improper or unauthorized access to our Platform;
516
517 35.1.3 illegal, improper or unauthorized use of any of our Services;
518
519 35.1.4 illegal, improper or unauthorized booking or use of any products and/or services obtained through our Platform;
520
521 35.1.5 negligence or willful misconduct; and
522
523 35.1.6 infringement or misappropriation of the rights of a third party, including without limitation any intellectual property rights or rights of publicity or privacy, (the "**Third-Party Claim(s)**").
524
52535.2 We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third-Party Claim. You will not make any settlement that may adversely affect the rights or obligations of Agoda Group without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.
526
527**36\. DISCLAIMERS AND LIMITATIONS OF LIABILITY**
528
52936.1 Agoda has no special relationship with or fiduciary duty to you for accessing and using our Platform, Content and Services. We have no control over, and no duty to take any action regarding:
530
531 36.1.1 which Users gain access to our Platform;
532
533 36.1.2 what Content you access via our Platform;
534
535 36.1.3 what effects our Content may have on you;
536
537 36.1.4 how you may interpret or use our Content; and
538
539 36.1.5 what actions you may take as a result of having been exposed to the Content.
540
54136.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are not responsible for the availability and quality of your telecommunication reception when accessing or using our Platform or Services.
542
54336.3 The Platform, including all Services and Content therein, are provided on an "as is" and "as available" basis. We disclaim any and all warranties (express, implied or otherwise), including without limitation warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, and that our Platform is free from interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance, or by using services of generative AI algorithms or similar technology.
544
54536.4 We do not warrant or make any representations regarding: (i) the acceptance of any request; (ii) the availability of any Travel Product through the Platform; (iii) the results that may be obtained from the use of the Platform; or (iv) that you will receive the lowest available price for any Travel Product available through the Platform.
546
54736.5 Without prejudice to the generality of this clause, except for liability arising from gross negligence or willful misconduct, Agoda disclaims all liability arising out of or in connection with:
548
549 36.5.1 errors or inaccuracies on our Platform, including without limitation errors in descriptions, pricing, booking availability, photographs, features, inclusions and exclusions, reviews and ratings and Agoda reserves the right to correct any errors in booking availability and errors in pricing on our Platform at all times;
550
551 36.5.2 legality, decency or propriety of any material contained or accessed through our Platform, including material on other websites that we may direct you to;
552
553 36.5.3 any advertising material submitted by third parties and displayed on our Platform, including without limitation any error, omission or inaccuracy thereof;
554
555 36.5.4 any information shown, and any suggestions or recommendations made, about the Services or Content on our Platform, for any purpose;
556
557 36.5.5 any disruptions to our Platform and the services offered on and through it; and
558
559 36.5.6 any viruses or other harmful components contained in email that we may send.
560
56136.6 Except for liability arising from gross negligence or willful misconduct on behalf of Agoda or the Covered Party, in no event shall any Covered Party be liable for any direct, special, indirect, incidental, exemplary, compensatory, punitive or consequential loss or damage of any kind, including but not limited to:
562
563 36.6.1 loss of actual or anticipated income (whether direct or indirect);
564
565 36.6.2 loss of actual or anticipated profits (whether direct or indirect); or
566
567 36.6.3 loss of contracts or business (whether direct or indirect),
568
569howsoever arising under or in connection with these Terms, even if we have been advised of the possibility of such damages. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.
570
57136.7 You acknowledge and agree that the Agoda Group does not in any way directly or indirectly operate or control any Travel Product provided by any Travel Supplier or other third party, and that we have no control over or responsibility whatsoever for any arrangements you make with them as a result of your use of our Platform or Services. You also acknowledge and agree that if there is a dispute between you and any Travel Supplier or other third party, Agoda is under no obligation to become involved. Except for liability arising from gross negligence or willful misconduct, Agoda disclaims all liability arising out of or in connection with any loss or damage you incur with any Travel Supplier or other third party. In the event of non-performance of any Confirmed Booking, including from bankruptcy, rehabilitation, reorganization, insolvency, dissolution or liquidation of a Partner and/or Travel Supplier, you agree that your only recourse will be against such Partner and/or Travel Supplier and not against us.
572
57336.8 If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Platform or Services, or your booking or use of products or services made available through our Platform, other than loss or damage caused by our gross negligence or willful misconduct, then the liabilities of the Agoda Group in the aggregate will not exceed the lower of (a) the aggregate cost of your purchased Travel Product as set out in the confirmation email (whether for one event or a series of connected events); and (b) USD 250 (or its equivalent in local currency). In case of an overcharge or mischarge caused by Agoda, you may make a claim regarding all erroneous charges notwithstanding what is set out above.
574
57536.9 Nothing in this clause shall limit or exclude any liability that cannot be limited or excluded under applicable law and Agoda shall bear the liability to the extent set forth in the relevant laws.
576
57736.10 You agree that, except for liability arising from gross negligence or willful misconduct, the above limitations of liability reflect the allocation of risk between you and Agoda and that, in the event that any of the remedies set out in these Terms are in breach of applicable law, these limitations of liability will survive.
578
579**37\. SHOPPING CART**
580
58137.1 Agoda provides the option to search and request reservations for combined and/or multiple bookings using the Shopping Cart for selected Travel Products. Not all Travel Products offered on the Platform can be booked as part of a combined or multiple booking and those which can be booked as part of a combined or multiple booking will be identified as such during the booking process.
582
58337.2 Eligible Travel Products on the Platform will be identified while you are searching and/or when you select the Shopping Cart option on the Platform. Making combined or multiple bookings can unlock greater savings on competitive prices for individual Travel Products and the savings will be identified as early as possible in the booking process as 'Bundle Savings'.
584
58537.3 Except as identified, the terms and conditions which apply to the Shopping Cart, as set forth in this clause, are in addition to, and in conjunction with, the terms of use for the respective Travel Products.
586
58737.4 Please note that the price, rate, or fare for the relevant Travel Product displayed on the Platform can vary even for the same or similar Travel Product. These variations may be due to factors including without limitation the time and date of your booking, what is included in the total price, rate, or fare (as applicable) and the terms and conditions on which such price, rate, or fare is offered, particularly in relation to cancellation and refund terms and conditions. A combined or multiple booking may be completed and paid for in a single visit to the Platform and if the booking is not completed during the booking process, your selected Travel Products will be temporarily saved for you to complete your purchase at a later time. Your selections will be saved for ease of later booking, but are not held for you and may be booked by other customers in the interim. Selections not purchased will be released after a limited period of time and you will need to start your booking again. Please note that previously selected Travel Products may be sold out or their prices may change.
588
58937.5 If you do not proceed with a combined or multiple booking of Travel Products, the price of the individual Travel Product will be displayed.
590
59137.6 If you make a combined or multiple booking, you acknowledge and agree that the terms and conditions of each Travel Product will apply to that booking, as if it were a separate booking. Please note that different terms and conditions may apply even if you make a combined or multiple booking, including where you make more than one booking for the same Travel Product.
592
593**38\. EVENTS BEYOND OUR CONTROL**
594
59538.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our and/or the Covered Parties' control including, but not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, or pandemic.
596
597**39\. MISCELLANEOUS**
598
59939.1 Agoda reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any part thereof. If our Platform is terminated, your Confirmed Bookings will still be honoured by the Travel Supplier(s), subject to their terms and conditions, unless you receive a notification indicating otherwise. You will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Agoda shall not be liable to you or any third-party for any termination of your access to the Platform.
600
60139.2 Agoda and the Agoda Group entities do not act as a travel agent in relation to the Services and any Travel Product, except as otherwise expressly stated in these Terms or on our Platform.
602
60339.3 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between Agoda and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between Agoda and yourself in relation to such subject matter.
604
60539.4 We may amend these Terms at any time. Such amendments shall be effective once they are posted on the Platform. It is your responsibility to review the Terms regularly. To the extent permitted by applicable law, your continued use of the Platform after any such amendments, whether or not reviewed by you, constitute your agreement to be bound by such amendments. Each of your bookings will be governed by the then-current applicable Terms at the time of such booking.
606
60739.5 For your convenience, our Platform and these Terms exist in a number of languages and local versions but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of these Terms shall prevail.
608
60939.6 Where any or part of these Terms is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms was severed from these Terms.
610
61139.7 Save for any other Agoda Group entity, a person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (2001 Singapore) or any similar legislation in any jurisdiction to enforce any part of these Terms. You may not assign or transfer your rights under these Terms without our prior written consent. We reserve the right to freely assign these Terms and our rights and obligations hereunder.
612
61339.8 No failure or delay to exercise Agoda's rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce Agoda's rights under these Terms.
614
61539.9 For the avoidance of doubt, these Terms do not apply to commercial contractual relationships that the Agoda Group entities may have with others, including but not limited to the Travel Suppliers and certain marketing partners.
616
61739.10 You acknowledge and agree that monetary damages are not an adequate remedy at law for the unauthorized use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), that such unauthorized use may cause Agoda irreparable harm, and that Agoda is entitled to injunctive relief to prohibit such unauthorized use.
618
61939.11 Except as provided for elsewhere in these Terms, including in the Arbitration Agreement for U.S. customers in clause 46 of these Terms, these Terms (and any and all disputes arising out of or in connection with these Terms, including without limitation any alleged breach, or challenge to the validity or enforceability, of these Terms or any provision thereof) will be subject to the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute. Notwithstanding any other provision herein requiring binding arbitration with customers, any cause of action related to the unauthorized use of the Content of this Platform by an automated means or automated assistant (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), is an exception to the disputes that are subject to arbitration, and shall be brought in a judicial proceeding in a court of competent jurisdiction, separate and apart from any claim or cause of action subject to arbitration.
620
621**INFORMATION, QUESTIONS AND COMPLAINTS**
622
623For additional information and to learn more about Agoda, please refer to our [FAQs](https://agoda.com/info/contact.html) on the Platform.
624
625If you have complaints about our Services, you can contact our [Customer Service](https://agoda.com/info/contact.html). We will do our very best to help you. Please note that any complaints about Travel Products themselves are ultimately a matter for the Travel Supplier. Agoda may coordinate directly with a Travel Supplier to try and find a mutually agreeable solution for you but cannot guarantee a satisfactory outcome.
626
627**SECTION I: COUNTRY SPECIFIC TERMS**
628
629**40\. AUSTRALIA**
630
631_**Consumer rights under the Australian Consumer Law**_
632
63340.1 If the Australian Consumer Law, as set out in Schedule 2 of the [Competition and Consumer Act 2010](https://www.legislation.gov.au/Latest/C2018C00437), applies to you, you have certain rights, which cannot be restricted, modified or excluded by these Terms or those of our Partners and Travel Suppliers, including in respect of consumer guarantees. Further information can be found at: https://www.accc.gov.au/.
634
63540.2 Our Terms should be read subject to the Australian Consumer Law, particularly in respect of our obligations and liability.
636
63740.3 If the Australian Consumer Law applies to you as a consumer and the goods and/or services supplied to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability and the liability of our Partners for failure to comply with a consumer guarantee under the Australian Consumer Law, except for a guarantee under sections 52, 53 or 54, is limited to one or more of the following, at our or our Partner's election (as applicable):
638
639 40.3.1 the supply of services: the resupply of the services or payment of the cost of having the services supplied again; and/or
640
641 40.3.2 the supply of goods: replacement or repair of the goods, the cost of replacement of repair or the supply of equivalent goods.
642
643_**Insurance**_
644
64540.4 We do not hold an Australian Financial Services Licence and we are not authorised to advise or arrange any financial product, including insurance. We can provide a hyperlink or other means of referring you to a licensed insurer which will enable you to deal directly with licensed insurers or their agents.
646
64740.5 We may receive a commission from an insurer for any insurance product you consider or buy as a result of a referral from the Platform.
648
649**41\. NEW SOUTH WALES, AUSTRALIA**
650
65141.1 If you are staying in short-term rental Accommodation in New South Wales, you must comply with the Code of Conduct of the NSW Short-term Rental Accommodation Industry (**"the Code"**), which can be accessed [here](https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0012/925788/Code-of-Conduct-for-the-Short-term-Rental-Accommodation-Industry.pdf).
652
65341.2 The Code imposes obligations on all parties, including on you and on us.
654
65541.3 Please ensure that you review and understand the Code, particularly the definitions in Part C and your obligations, particularly in section 2.5 of the Code.
656
65741.4 Your rights to lodge a complaint with the Commissioner for Fair Trading are set out in section 3 of the Code.
658
659**42\. HONG KONG**
660
66142.1 For bookings originating from Hong Kong, the Services are provided by Agoda International (Hong Kong) Limited, a company incorporated under the laws of Hong Kong SAR, China, having its registered address at Flat/RM 2008-2010, 20/F, Tower 6 The Gateway, Harbour City, Kowloon, Hong Kong, and registered with the Hong Kong Travel Industry Authority under the Travel License number 354673, and the transactions will be governed by the laws of Hong Kong.
662
66342.2 Your booking originates from Hong Kong if we identify your IP address to be from Hong Kong when you book a Travel Product on our Platform. You understand and acknowledge that:
664
665 42.2.1 Subject to the limitation of online transactions, IP address is the most reasonable and accurate criterion for Agoda to identify Hong Kong customers; and
666
667 42.2.2 If you are physically located in Hong Kong, but for whatever reason, use a VPN (or other similar tools or technologies that result in a disguised IP address) to connect to our Platform and make a Travel Product booking from such disguised IP address, your booking will not be deemed as originating from Hong Kong and such transaction will not be governed by the laws of Hong Kong.
668
66942.3 All the marketing activities, promotions and campaigns targeting the public of Hong Kong, whether on our Platform or via other third-party platforms, are carried out by, or on behalf of, Agoda International (Hong Kong) Limited.
670
67142.4 If your booking(s) meet both conditions below, you may contact [Customer Service](https://www.agoda.com/info/contact.html), before the traveling dates of your booking(s), to request combination of such booking(s) into one outbound trip package:
672
673 42.4.1 you have booked separately any two or more of the following Travel Products:
674
675 (i) Accommodation(s) outside of Hong Kong;
676
677 (ii) Flight(s) commencing from Hong Kong;
678
679 (iii) Activities outside of Hong Kong;
680
681 provided that for the avoidance of doubt, two or more bookings under the same subparagraph (i) to (iii) above (for example, two outbound flight bookings) are not eligible for combination; and
682
683 42.4.2 the booking(s) above relate to the same outbound trip.
684
685Please note that if you choose to combine such separately purchased Travel Products into one outbound trip package, you will be charged an additional levy of 0.15% on the total booking value of such Travel Products and be protected by the Travel Industry Compensation Fund for the relevant outbound trip.
686
687**43\. INDIA**
688
68943.1 For help with your bookings relating to **India** only, please go to our Help centre: [https://www.agoda.com/info/contact.html](https://www.agoda.com/info/contact.html)
690
69143.2 For grievances, you can submit issues _to Benny Philip, (Associate Director Customer Experience Group), our grievance officer at_ [grievance.officer@agoda.com](mailto:grievance.officer@agoda.com). Only grievances relating to bookings for properties in India that have been made on our Platform will be answered.
692
693**44\. MALAYSIA**
694
695_**Contracting Entity for Bookings**_
696
69744.1 If you are using our Platform in Malaysia for a booking comprising Flights, the contracting entity is Corporate Information Travel Sdn. Bhd., having its registered address at B-1-3, B-1-4 (1st Floor) & B-11-2 (11th Floor), Block B, Northpoint Office Mid Valley City, No.1, Medan Syed Putra Utara, 59200 Kuala Lumpur and which is a holder of Malaysian travel agency licence KPK/LN: 0110, and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Corporate Information Travel Sdn. Bhd. instead.
698
69944.2 If you are using our Platform in Malaysia and purchase Comprehensive Travel Protection, this is offered by Berjaya Sompo Insurance Bhd, having its registered address at Level 36, Menara Bangkok Bank, 105, Jln Ampang, 50450 Kuala Lumpur, Tel: 1-800-889-933. Registration: 198001008821 (62605-U). Details of the Comprehensive Travel Protection can be found at www.berjayasompo.com.my.
700
701**45\. SINGAPORE**
702
703_**Contracting Entity for Bookings**_
704
70545.1 If you are using our Platform in Singapore for a booking comprising Flights, the contracting entity is Agoda Travel Services Pte. Ltd., having its registered address at 1 Wallich Street #34-01 Guoco Tower Singapore 078881 and which is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201922705C and a holder of Singapore travel agency license TA03302, and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda Travel Services Pte. Ltd. instead.
706
707**46\. UNITED STATES**
708
709You understand that Agoda (including any related company or authorized service provider acting on Agoda's behalf) acts as a payment collection agent of the Travel Supplier for the limited purpose of accepting your payment on behalf of the Travel Supplier, unless explicitly stated otherwise. For clarity, Agoda is not an agent of the Travel Supplier in any other manner not expressly enumerated herein. Upon Agoda's collection of your full payment, your obligation to the Travel Supplier for that amount is extinguished, and in the event that Agoda does not remit any such amounts, the Travel Supplier will have recourse only against Agoda.
710
711_**Contracting Entity for Bookings**_
712
71346.1 If you are using our Platform in the United States for a booking comprising Flights, our booking facilitation-related Services are provided by Agoda International USA LLC, having its registered address at Brandywine Plaza 1521 Concord Pike, Suite 201, Wilmington, New Castle County, DE, 19803, United States, on behalf of Agoda and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda International USA LLC, instead.
714
715_**Fee**_
716
71746.2 For accommodations, the room rate displayed through our Services is a combination of the amount charged by the Travel Supplier and a fee charged and retained by Agoda. Agoda may also charge and retain additional separate fees in providing its Services to you, which may vary based on the amount and type of booking.
718
719_**Arbitration**_
720
72146.3 For US customers only: This clause 46.3 (**"Arbitration Agreement"**) only applies to US customers. Please read this clause 46.3 carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This clause 46.3 will survive termination of these Terms.
722
723This provision is intended to be given the broadest interpretation and application to encompass all disputes or claims arising out of or relating to your relationship with Agoda, including the use of our Platform, our Services and any other interactions with us (all, **"Claims"**). Agoda is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, any dispute or Claim arising out of or relating to this clause and your relationship with Agoda or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court.
724
725**Opt-Out Procedure**: Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this clause comes into effect (the **"Opt Out Deadline"**). This will be the earliest of: (a) the date you first used our Platform; (b) the date you first used our Services; or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice with an unequivocal statement that you want to opt out of this Arbitration Agreement, using any of the following methods:
726
727- By email to [arbitration.optout@agoda.com](mailto:arbitration.optout@agoda.com) with the subject line: Terms of Use - US Opt Out Notice.
728- By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 36 Robinson Road, #20-01 City House, Singapore 068877.
729- Using our online [customer service form](https://www.agoda.com/info/contact.html). This option is supported if you have made a booking through Agoda and have a confirmation number.
730
731We must receive your opt-out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration or small claims court (if available) if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and not through any third-party. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any versions of this Arbitration Agreement to which you previously agreed, which will remain in effect.
732
733**Pre-Dispute Resolution Notice Obligation:** For all Claims, each party must first send a written description of the Claim to the other party to allow the other party an opportunity to resolve the dispute. You and we each agree to negotiate the Claim in good faith. You or we may request arbitration if the Claim cannot be resolved within 60 days. To initiate the pre-dispute resolution process, a party must send written notice of the Claim to the other party (**"Claim Notice"**). Claim Notice can be sent to Agoda:
734
735- By email to [arbitration.optout@agoda.com](mailto:arbitration.optout@agoda.com) with the subject line: Terms of Use - US Claim Notice.
736- By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 36 Robinson Road, #20-01 City House, Singapore 068877.
737
738A Claim Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Claim, including the specific relief sought. Any Claim Notice to you will be sent to your email or mailing address we have on file together with a description of the Claim. It is your responsibility to ensure your email and mailing address provided to us are correct and remain up to date. The Claim Notice must be signed by the party initiating the Claim (i.e., either you personally or an Agoda representative). The pre-dispute resolution process lasts 60 days and is a mandatory precondition to commencing arbitration. The statute of limitations and/or any filing deadlines shall be tolled while the parties engage in this process.
739
740The arbitration of any Claim will be conducted in accordance with the rules of the American Arbitration Association ("**AAA**"), including the AAA's [Consumer Arbitration Rules](https://adr.org/sites/default/files/Consumer_Rules_Web_2.pdf) and Mass Arbitration Supplementary Rules (as applicable), as modified by this clause. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this clause will supersede and govern the AAA Rules.
741
742You and we agree that this clause evidences a transaction in interstate commerce and this Arbitration Agreement, including any arbitration and the procedures governing Batch Arbitration (defined below) will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration shall be initiated through and administered by the AAA and will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location unless the Batch Arbitration process is triggered. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Agoda shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Agoda. The arbitration will be conducted in the English language. You agree that, in the event of an in-person hearing, any Agoda employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence shall not be required.
743
744If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the arbitration demand ("**Demand**"), then AAA will appoint the arbitrator in accordance with AAA Rules, provided that if the Batch Arbitration process is triggered, AAA, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
745
376746Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
377747
378We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand, and if your claim is for less than $1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement. Otherwise, we will each bear the fees and expense of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
748Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, Agoda, and the Travel Product(s) or Service(s) that are the subject of your dispute with Agoda. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator's determination shall be conclusive.
379749
380In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action, except for actions for injunctive relief as described below. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration Section will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. Notwithstanding the above Terms of Use, nothing in this Section will be construed to waive any right you have under applicable law to pursue a claim for injunctive relief with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Any such public injunctive relief claims are preserved and will be subject to arbitration. To the extent permitted by applicable law, any determination of the extent to which your claims qualify as seeking public injunctive relief will be heard and decided by the arbitrator. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
750**Arbitration Award**: The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual Claim without affecting other customers or Agoda Account holders, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. To the extent otherwise permitted by law, the arbitrator may also allocate arbitrator compensation, administrative fees, and/or the prevailing party's reasonable attorney's fees to the losing party upon the arbitrator's determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
381751
382**15\. About Agoda**
752Nothing in these Terms will prevent you from seeking public injunctive relief, if applicable, separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual Claims. You and we agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from Agoda.
383753
384All of our online reservations services rendered through the Site are provided by Agoda Company Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 30 Cecil Street, Prudential Tower #19-08, Singapore 049712 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 200506877R.
754The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.
385755
386Agoda is supported by certain affiliated companies in providing services to you in different locations in relation to their reservations ("Customer Support Companies"). Such services include accepting and dealing with payments for bookings, providing customer care, liaising with the Accommodations and handling complaints and refunds.
756**Exceptions to Arbitration Agreement**: You and we each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law.
387757
388Customer Support Companies only provide such services in relation to your reservations, but do not own, control, host, manage or maintain the agoda.com website (or any other website). The agoda.com website is domiciled only at its registered office in Singapore and not at the offices of any Customer Support Company around the world. Customer Support Companies are not authorized to act as Agoda's process or service agents, do not have any power or authority to represent Agoda or to enter into any contract in the name of, for or on behalf of Agoda. You will also not be able to make a reservation in or through any of these offices as reservations can only be made through the Site.
758**Class Action Waiver EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND WE EACH HEREBY WAIVE ANY RIGHTS TO HAVE A DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.**Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual Claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), you and Agoda agree that that particular Claim or request for relief (and only that particular Claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York. You and we agree that any Claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Claims between you and us that remain in arbitration are finally resolved. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Agoda from participating in a class-wide or mass settlement of claims.
389759
390In addition, Agoda and its related companies have various other subsidiaries, branches and offices throughout the world providing certain other non-customer related internal supporting roles ("Agoda Support Companies"). Agoda Support Companies do not have any power or authority to render our services, to represent Agoda or to enter into any contract in the name of, for or on behalf of Agoda and are not authorized to act as Agoda's process or service agents, unless specifically authorized by Agoda.
760**Jury Trial Waiver: YOU AND AGODA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.**You and Agoda are instead electing that all Claims shall be resolved by arbitration under the Arbitration Agreement, except as specified in the subsection entitled "Exceptions to Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
391761
392Agoda and its affiliated companies (including all Customer Support Companies and all Agoda Support Companies) do not act as a travel agent except where stated otherwise on the Site. For further information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to their respective sites.
762**Batch Arbitration.** To increase the efficiency of administration and resolution of arbitrations, you and Agoda agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Agoda by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, AAA shall (1) administer the arbitration Demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("**Batch Arbitration**"). AAA shall administer all batches concurrently, to the extent possible.
393763
394For all questions about agoda.com, the services or the Site, or if you wish to send or serve any documents, correspondence, notices or other communications in respect of agoda.com, the Site or otherwise, please contact Agoda Company Pte. Ltd. directly.
764You and Agoda agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent you and Agoda disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the AAA Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, you and Agoda agree, the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid in accordance with the AAA Rules.
395765
396**More information or questions?**
766You and Agoda agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
397767
398For additional information and to learn more about Agoda, please also refer to our [FAQs](https://agoda.com/info/agoda_faq.html) on the Site.
768This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude either you or Agoda from participating in any arbitration administered according to that process.
769
770**Invalidity, Expiration.** Except as provided in the subsection entitled "Class Action Waiver," if any part or parts of this Arbitration Agreement (other than Batch Arbitration) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if the subsection titled "Batch Arbitration" is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Claims will be heard in the state or federal courts located in New York, NY.
771
772**Modification.** You and Agoda agree that Agoda may modify this Arbitration Agreement in the future. Any such changes or modifications will be made in accordance with section 39.4 of these Terms, so you should check the Terms for updates regularly. Your continued use of the Platform and/or Services after the changes are posted, constitutes your acceptance of those changes. If you have previously agreed to an earlier version of these Terms that included an arbitration agreement and you did not validly opt out of arbitration at that time, changes to this Arbitration Agreement do not give you a new opportunity to opt out of that previous agreement to arbitrate. Agoda will continue to honor any valid opt outs of the Arbitration Agreement you made under a prior version of these Terms.
773
774**47\. SOUTH KOREA**
775
776**_Agoda Payments Korea Terms of Use_**
777
778For any transactions you make with us on our Platform that utilizes a Korean Payment Instrument, you agree to the specific terms and conditions as defined in the [Agoda Payments Korea Terms of Use](https://www.agoda.com/info/apk-tou.html) ("**APK Terms of Use**"). APK Terms of Use apply, in addition to these Terms, to all transactions conducted on the Platform and processed using Korean Payment Instrument in the relationship between you and Agoda Payments Korea LLC. However, if payment services are provided by another payment service provider in Korea, the APK Terms of Use will not apply. Matters not separately determined in this clause 47 shall remain governed by the Terms. In case of difference between the Terms and the APK Terms of Use, APK Terms of Use shall prevail. For purposes of this clause 47, "Payment Instrument" shall have the same meaning ascribed to the same in the [APK Terms of Use](https://www.agoda.com/info/apk-tou.html).
779
780**_Supplemental South Korea Terms on Location-based Services_**
781
78247.1 Purpose
783
784 47.1.1 These Supplemental Terms for South Korea Users (these "Supplemental South Korea Terms") are to stipulate matters regarding rights and responsibilities between Agoda Company Pte. Ltd. and each user in the Republic of Korea ("Korea") of the location-based service provided by Agoda Company Pte. Ltd. ("Location-Based Service") (each such user, an "LBS User"). Terms defined in preceding parts of the Agoda Platform Terms of Use (such as Travel Products) have the same meanings, wherever used in these Supplemental South Korea Terms.
785
786 47.1.2 When an LBS User uses the Location-Based Service, these Supplemental South Korea Terms (in addition to the other parts of the Agoda Platform Terms of Use) shall apply to the LBS User.
787
78847.2 Location-Based Service, Fees
789
790 47.2.1 Agoda Company Pte. Ltd. provides, on the Platform, the Location-Based Service, which searches for and identifies Travel Products near the LBS User's current location. The Location-Based Service is activated when the LBS User chooses it, as an option, for the destination of a Travel Products search.
791
792 47.2.2 The LBS User may use the Location-Based Services free of charge.
793
79447.3 Use of Location Information; Retention and Destruction of Location Information
795
796 47.3.1 Agoda Company Pte. Ltd. uses only the minimum personal location information that is necessary in order to provide the Location-Based Service. The purpose of such use of personal location information will be to search for Travel Products in the vicinity of the LBS User.
797
798 47.3.2 Agoda Company Pte. Ltd. securely deletes the LBS User's personal location information after 6 months, except insofar as further retention is required in order to comply with applicable legal or regulatory obligations.
799
800 47.3.3 Agoda Company Pte. Ltd. maintains records confirming the use of the LBS User's location information (including access to and provision of such location information), as required under the Act on the Protection, Use Etc. of Location Information. Agoda Company Pte. Ltd. securely deletes the location information after 6 months, except insofar as further retention is required in order to comply with applicable legal or regulatory obligations.
801
802 47.3.4 Agoda Company Pte. Ltd. does not engage in third-party provision of an LBS User's personal location information. Agoda Company Pte. Ltd. may engage in entrustment of an LBS User's personal location information, and, if so, such entrustment (including the entrustee etc.) will be specified in Agoda Company Pte. Ltd.'s Privacy Policy.
803
80447.4 Certain rights of LBS user as data subject of personal location information
805
806 47.4.1 The LBS User may at any time:
807
808- request Agoda Company Pte. Ltd. to delete the LBS User's personal location information, and records confirming the use and provision.
809- withdraw his/her consent to, or request to suspend, the collection and provision of his/her personal location information, for the Location Based Service.
810- request to view and receive his/her personal location information, or records confirming the use and provision of the personal location information, and, in the event of any errors therein, request correction of such errors.
811
812 In such case, and upon successful verification of LBS User's identity, Agoda Company Pte. Ltd. will attend to the LBS User's request promptly and in accordance with applicable laws. Upon withdrawal of consent, Agoda Company Pte. Ltd. will destroy LBS User's personal location information, and records confirming use and provision, without undue delay unless otherwise required or permitted under applicable laws.
813
814 47.4.2 The provisions of this clause 47.4.2 are to be read consistently with Agoda Company Pte. Ltd.'s Privacy Policy, including [Section 11](https://agoda.com/info/privacy.html) thereof ("Exercising Your Data Subject Rights"), and shall be subject to the procedures specified in such Section 11 of the Privacy Policy. The LBS User (or his/her legal representative, if applicable) may exercise the rights herein, and any rights, as data subject of personal location information, under the Act on Protection, Use Etc. of Location Information, including to view or delete information etc., through Agoda Company Pte. Ltd.'s contact details specified in the [Section 15](https://agoda.com/info/privacy.html) of the Privacy Policy.
815
816**48\. JAPAN**
817
81848.1 If you are a User holding a Japanese Payment Instrument, please note that certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card holder). Please contact your issuing bank for details as this is outside the control of Agoda.
819
820**Contracting Entity for Bookings**
821
82248.2 If you are using our Platform in Japan for a booking comprising of a property licensed under the Private Lodging Business Act 2017, the contracting entity is Agoda Travel Services Pte. Ltd., having its registered address at 1 Wallich Street #34-01 Guoco Tower Singapore 078881 and registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201922705C and a holder of Singapore travel agency license TA03302. All references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda Travel Services Pte. Ltd. instead.
823
824**49\. UNITED KINGDOM**
825
82649.1 This clause 49 applies to all Users in the United Kingdom ("**UK Users**"). In case of any inconsistency between this clause 49 and any other provision of these Terms, clause 49 will prevail. For UK Users, clauses 49.2 to 49.9 below replace and apply instead of clause 5 of the [Content Guidelines](https://agoda.com/info/eu-digital-services-act.html). For purposes of clauses 49.2 to 49.9 below only, a reference to the "Content Guidelines" is a reference to clauses 1 to 4 of the [Content Guidelines](https://agoda.com/info/eu-digital-services-act.html). For UK Users, clauses 35.1.1 and 35.1.2 of these Terms do not apply.
827
828**_Content Moderation_**
829
83049.2 Agoda's values, guidelines, and terms and conditions for all users-both travellers and supply partners-are designed to foster safe and welcoming travel experiences. To maintain this environment and ensure safety, we aim to take action against user reviews, hotel listings, hotel responses and other content that violate applicable law, our Content Guidelines, or these Terms ("**Infringing Content**"). We moderate content using a combination of automated keyword detection, rule-based threshold models, and manual review. These safeguards are designed to help minimise the length of time for which inappropriate and illegal content, including serious illegal content, is present on Agoda. For this purpose, serious illegal content includes terrorism content, child sexual exploitation and abuse content, and certain other illegal content. We will swiftly remove any illegal content from the Platform when we find out about it.
831
83249.3 Agoda employs automated keyword detection to identify inappropriate user reviews and hotel responses, such as those containing profanity. If no inappropriate keywords are detected, the content is automatically approved. However, if inappropriate keywords are found, the content is flagged for human review. Reviews and hotel responses are scanned for inappropriate keywords, such as profane, discriminatory, and derogatory terms. Content flagged for human review is assessed by our in-house content moderation team, who decide whether to approve or reject it. Automatically approved content is regularly and randomly sampled and sent to our content moderators to ensure the quality of auto-approvals remains within the acceptable range.
833
83449.4 **User reviews-Content verification and enforcement.** We aim to reflect the most up-to-date reviews from our travellers that comply with the following content moderation process we have in place for checking submitted text and images:
835
836- The first round of checks is performed by our machine learning algorithms, which use both automated keyword detection and automated image detection to identify inappropriate and illegal content before it is published. From the moment we receive a piece of content, it takes the algorithm moments to approve the content if no inappropriate images or illegal keywords are detected. The large majority of content is approved by our algorithms in this way and then published on our platform.
837- Content not approved by the algorithms is routed to our team of moderators. Any ultimate decision not to publish will therefore be taken by a human. We aim to review content within five business days and decide within that time frame if it is suitable to be published.
838- After the content is published, it can still be taken down if the content is reported by a user, or otherwise identified by us, and the content is found to be Infringing Content.
839
84049.5 **Reporting content on our platform.** We work hard to maintain a platform filled with experiences appropriate for a global audience. If you ever come across illegal content on our platform, please let us know. Your feedback is crucial in ensuring a secure environment for everyone. After you submit a report, we will review your report against the law, our Content Guidelines, and these Terms. We will remove the reported content if we consider it to be Infringing Content. To report any content you think might be illegal, simply follow this [link to our reporting form.](https://notices.agoda.com/hc/en-us/)
841
84249.6 **Appealing a moderation decision.** If we remove, restrict or decide not to publish a review, photo, or other content item you have posted, we will tell you why in a simple message. The same applies if you have been given a warning or been suspended, banned or restricted from accessing or using Agoda because we consider your content to be Infringing Content. You can then edit your content to meet the standards set out in our guidelines or appeal our decision if you do not agree with it (for example, if you do not think the content is Infringing Content).
843
84449.7 **The appeal process.** Once you have received a notification that states why your content was removed, you will be able to appeal the decision. To start the appeal, you can follow the link provided in the email letting you know your content was removed. When you appeal the decision, our content moderators will review your content against the law, our Content Guidelines, and these Terms once more and decide whether the content is appropriate to display on our Platform. You will be notified of the outcome of our review by email.
845
84649.8 **Claims.** You have a right to bring a claim against us for breach of contract if your access to the Platform is restricted or blocked, or content which you have posted is removed from the Platform, or access to it is restricted, in breach of these Terms.
847
84849.9 **Children, affected users, and freedom of expression.** While our platform is not intended for use by minors (those under the age of 18), we strive to ensure that any content appearing on our site is not harmful to children. We also aim to protect users who are the subject of content (such as parents or responsible adults, members of a class or group with certain characteristics, or those who provide assistance to other users) from discrimination. Additionally, we aim to safeguard users' rights to freedom of expression within the bounds of applicable laws and as stated within our [Privacy Policy](https://agoda.com/info/privacy.html).
849
85049.10 **Complaints**. You can [Contact Agoda Customer Service](https://agoda.com/info/contact.html) to submit a complaint if you think Agoda is not complying with its legal duties in relation to illegal content, content reporting, or users' right to freedom of expression within applicable law. After you submit a complaint, we will review your complaint against applicable law, our [Content Guidelines](https://agoda.com/info/eu-digital-services-act.html) and these Terms, and inform you of the outcome of your complaint by email. Any complaints identified by Agoda to be manifestly unfounded will be rejected.
851
852_AgodaWallet_
853
85449.11 If you are a UK User and have signed up for AgodaWallet, please note that AgodaWallet is a regulated e-money and payment service provided solely by Booking Holdings Financial Services UK Limited ("**BHFS UK**"), which is authorised and regulated by the Financial Conduct Authority (FCA) in the United Kingdom. By accepting the AgodaWallet Account Terms and Conditions, you are entering into a direct agreement with BHFS UK for the use of AgodaWallet. There is no contractual relationship between you and Agoda in respect of the AgodaWallet, and these Terms do not apply to the AgodaWallet. Agoda does not provide regulated financial services in the United Kingdom.
855
856**SECTION J: HOW WE WORK**
857
858**50\. RANKING AND SPONSORED LISTINGS FOR ACCOMMODATIONS**
859
86050.1 The default ranking for Accommodations is based on an automated algorithm that may be subject to periodic updates or amendments. This ranking considers multiple factors that include, but are not limited to, the following:
861
862- Availability
863- Promotions and rates
864- Historical popularity
865- Money earned by Agoda
866- Conversion (the ratio of bookings to Platform visits)
867- Sales of room nights
868- Cancellations
869- Quality of content
870- Guest review scores
871- Star ratings
872
87350.2 Accommodation Travel Suppliers have various opportunities, such as the Preferred Partner program or sponsored listings (i.e., pay for prime positioning in search results), to improve their visibility on the Platform. All such listings will be clearly marked and/or contain additional messaging to note their participation.
874
875**51\. PRIVATE HOSTS AND PROFESSIONAL TRADERS**
876
87751.1 Hosts which have registered with Agoda as a private host are parties that rent out their property or properties for purposes outside their trade, business, or profession. They are not officially traders (like a hotel chain) and therefore may not fall under the same consumer protection rules under EU (or other local) law.
878
87951.2 Properties managed by private hosts will display "Managed by a private host". Unless stated otherwise, in situations where properties are managed by professional hosts (traders), no additional information will be displayed.
880
881 51.2.1 **Professional host (trader)**: Any party who rents out a property or properties for purposes relating to their primary trade business or profession (e.g., when accommodations are the main business activity, or the listing is managed by a property management company).
882
883 51.2.2 **Private host (non-trader)**: Any party who rents out a property or properties for purposes outside their primary trade business or profession (e.g., when accommodations are a side activity, or when the property is only listed seasonally/occasionally).
884
885**52\. ABOUT OUR REVIEWS**
886
88752.1 Only certified guests who have booked through Agoda and not cancelled their booking are invited by Agoda to submit a review.
888
88952.2 Whether negative or positive, we will post every comment in full, and as quickly as possible, after being moderated to comply with the [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html). Some reviews may be temporarily truncated for the sake of brevity, but anyone on our Platform can still access the entire review. Reviews may also sometimes be summarized for the sake of brevity and readability. We will also provide transparency over the status of submitted content.
890
89152.3 Each review score is between 1-10. Guests are able to give a separate 'sub-score' in crucial areas, such as: location, cleanliness, staff, comfort, facilities, value for money and free Wi-Fi. The calculated overall score is simply an average of the sub-scores. When a review is partially submitted, we ignore the data for all sub-scores not given.
892
89352.4 To keep the rating score and review content relevant, we may only accept reviews that are submitted within 12 months of checking out and we may stop showing reviews older than up to 36 months, or if the Accommodation has a change of ownership.
894
89552.5 We may also show some review scores from other well-known travel websites. We make it clear when we have done this - for instance, reviews from Booking.com appear under a separate section of our website. We do not include sponsored reviews within our reviews.
896
89752.6 By default, reviews with comments are sorted based on a mix of criteria to display the most relevant reviews, including but not limited to, your language, your travel profile, readability of the review, date of submission, etc. Additional sorting options are available (by date, by rating, etc.).
898
89952.7 If we find any fake reviews, we delete them and, if necessary, act against whoever is responsible. For example, if a complaint is raised against a particular review, we look at the review in question and may decide it is inappropriate if it does not meet our review guidelines or appears not to be a genuine review.
900
90152.8 The opinions expressed in contributions are those of Agoda customers and properties and not of Agoda. Agoda does not accept responsibility or liability for any reviews or responses. Agoda is a conduit (without any obligation to verify) and not a publisher of these comments and responses.
902
90352.9 At Agoda, we believe real reviews from fellow travellers provide some of the best information to help you and others make future bookings. To assure that all reviews on the Platform are relevant, helpful, and genuine, we employ strict guidelines. For further information, please see our [Guest Review Guidelines](https://agoda.com/rewards/HotelReviewGuidelines.html).
904
905**53\. RIGHT OF WITHDRAWAL**
906
90753.1 The 14 days withdrawal period provided for under EU and UK consumer law do not apply to bookings made through the Platform. Instead, the ability to amend and/or cancel the booking will be governed by the cancellation and amendment rights attached to the cancellation policy type.
908
909**54\. USE OF ALGORITHMS AND ARTIFICIAL INTELLIGENCE ("AI")**
910
91154.1 We may deploy tools in providing and seeking to improve and develop our services that utilise algorithms and machine learning (including tools operating on a predictive basis and tools deploying generative AI algorithms to create new content). These tools may interact with you (e.g., we may use chatbots or similar technology). We consider where and how to deploy these tools in line with applicable laws. In deploying such tools, we also have regard to our [Privacy Policy,](https://agoda.com/info/privacy.html) the level of human intervention or oversight we apply, further disclosures to explain the deployment and other relevant matters for the contemplated deployment.
912
91354.2 If you use the Agoda AI-powered Personal Travel Assistant, the [AI Assistant Terms of Use](https://agoda.com/info/ai-assistant-terms-of-use.html) also apply.
914
915**55\. ACCESSIBILITY STATEMENT FOR AGODA**
916
917At Agoda, we are committed to making our platform accessible for everyone. We strive to deliver barrier-free, inclusive digital experiences for all users, including persons with disabilities.
918
919We are continuously working to improve the accessibility of our digital services. The statement in this clause 55 (the "**Accessibility Statement**") has been prepared to inform users about how we make our services accessible in accordance with the requirements set out in the European Accessibility Act ("**EAA**"). This includes aligning with the currently applicable EU standard on accessibility requirements for ICT products and services (EN 301 549) and the WCAG level AA version 2.1 ("**Accessibility Standards**"). This Accessibility Statement applies to our in-scope EAA services.
920
921**55.1 Description of the services**
922
923Agoda enables users in the EU to search, book, and manage accommodation bookings (for purposes of this Accessibility Statement, each a "Travel Product") through its digital platforms, including the website, mobile web, iOS, and Android applications. This Accessibility Statement outlines our commitment to improve the accessibility of our digital services and our alignment with applicable EU Accessibility Standards. Specifically, we are committed to deliver:
924
925- Perceivable content: all visual and auditory information is presented in ways that are adaptable to users' needs.
926- Operable interface: the service is fully navigable by keyboard and works seamlessly with assistive technologies such as screen readers.
927- Understandable design: our interface uses clear and simple language; it avoids unnecessary complexity.
928- Robust content: we will endeavor to ensure compatibility with current and future user agents, including assistive technologies.
929
930**55.2 Measures to support accessibility**
931
932In order to deliver accessible Travel Products, we have taken the following measures to provide more accessible services:
933
934**a) Technical measures on platform:** We are taking the following technical measures to bring the Agoda platform in conformity with the EAA accessibility requirements:
935
936- Text-based descriptions: detailed written information available in clear and simple language.
937- Screen reader compatibility: functional with popular screen readers including VoiceOver, TalkBack, NVDA, JAWS.
938- Accessible Rich Internet Applications ("ARIA") use: implementation of ARIA roles and attributes.
939- Multimedia alternatives: subtitles, transcripts, and alternative text accompanying all visual and multimedia content, where applicable.
940- High-contrast and zoom functionality: compatible with adjustable contrast and text scaling settings and capabilities, for users with visual disabilities.
941- Simple navigation: logical layouts with consistent headings, landmarks, and menus.
942- Keyboard accessibility: all functions can be operated via keyboard.
943- Help and support: step-by-step content in accessible formats.
944- Error notifications: clear and descriptive error messages to guide users in resolving issues.
945
946**b) Training and education:** We are supporting our employees with having the skills required to keep our services in conformity with the Accessibility Standards by delivering online training courses made available for designers and developers on accessibility best practices.
947
948**c) Inclusive design, writing and research practices:** We are considering accessibility as early as possible in the service provision lifecycle. To support this, Agoda has built a Figma plugin that adds accessibility annotations to designs prior to developer hand-off. This means developers have all the details they need in order to implement the design accessibly. We also conduct research and test our products with people with disabilities. Additionally, accessibility requirements are documented and addressed at the scoping and requirements phase.
949
950**d) Testing & quality assurance ("QA") processes:** We are committed to embedding accessibility testing practices within our development and QA processes. This way we are able to continually test our services against the latest Accessibility Standards and detect accessibility issues in our code. The QA processes consist of:
951
952- Automated testing: utilising third-party tooling to embed accessibility tests into pipeline testing and release processes. Additionally, we perform daily automated scans of our web platforms to detect accessibility issues proactively.
953- Manual testing: ad-hoc manual testing performed as part of development and QA processes in pre- and post-production.
954- Assistive technology lab: accessibility teams have access to a range of devices set up with assistive technologies to easily test their products.
955
956**e) Auditing and evaluation:** We conduct regular internal and external auditing to understand our performance:
957
958- Third-party audits: periodic assessments by external accessibility experts, across all our platforms (web and app).
959- Record keeping: internal reporting on accessibility conformance.
960- Self-audits: self-audit mechanisms to address coverage not captured in external audits.
961
962**f) Centralised accessibility support:** We established a centralised accessibility team to provide guidance and support to all product teams. Additionally, we established a cross - functional group to support accessibility efforts across the company and spread awareness.
963
964**55.3 Feedback and Contact Information**
965
966We welcome your feedback on the accessibility of Agoda's platform. If you experience any accessibility issues or have suggestions to improve the accessibility of our services, please leave your comments in our [Accessibility Feedback Form](https://agoda-accessibility.zendesk.com/hc/en-us/requests/new). For all booking-related inquiries, please contact our [Customer Service](https://agoda.com/info/contact.html) team.
967
968If you have any questions about your Travel Product, please contact the service provider of the Travel Product (including but not limited to the owner of a hotel or other property).
969
97055.4 We are committed to fostering an inclusive digital environment and continuously improving the accessibility of our platform. While we strive to meet applicable accessibility standards and regulations to the best of our ability, we acknowledge that full compliance is an ongoing journey. We regularly review and update our accessibility practices, guided by recognized frameworks and user feedback, to ensure reasonable efforts are made toward creating an accessible experience for all users. We welcome any questions, feedback, or requests for assistance and encourage you to contact us so we can address your needs promptly.
971
97255.5 This Accessibility Statement is last updated on 24 March 2026.