Booking Terms of Services

Roomex - Terms of Service

 

Last Updated: January 22, 2024

These terms of service (“Agreement”) create a legal agreement between you (including, if applicable, any legal entity that you represent or for which you act) and Roomex, LLC and its subsidiaries and affiliates, including but not limited to Roomex Limited (together, “Roomex” or “we” or “us” or “our”). The Agreement governs your access and use of the Roomex Service(s) (as defined below) and covers any interactions or communications you have with us through our Roomex Service. Roomex, LLC may use its domestic and international subsidiaries and affiliates, including but not limited to Roomex Limited (collectively, the “Roomex Group”), to provide the Roomex Services.

By accessing or using the Roomex Services, making a Booking, or otherwise agreeing to the Agreement, you accept and agree to the Agreement and our Privacy Policy (available online at https://www.fleetcor.com/en/privacy-policy.html). If you do not accept the Agreement, please do not use the Roomex Services.

THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, AND RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION RATHER THAN IN COURT. IT ALSO LIMITS YOUR ABILITY TO BRING A CLASS ACTION.

 

We may change this Agreement’s terms at any time and you agree that your continued use of the Roomex Services following changes to the Agreement shall be deemed your acceptance to those updated terms.

 

Different Terms of Service may apply when using the Roomex Services outside of the United States and are accessible online at www.roomex.com/terms-and-conditions.

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Agreement Table of Contents

1. Definitions
2. Account Creation & Use
3. Roomex Services
4. Pricing & Payments
5. Intellectual Property
6. Personal Data & Non-Disclosure
7. Termination
8. Warranty & Disclaimer
9. Indemnification
10. Limitation of Liability
11. Dispute Resolution and Arbitration Agreement
12. Terms for Users in Certain Jurisdictions
13. General Provisions
14. Contact Information

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1. DEFINITIONS
   • “Account” means, as applicable, your Customer Account or User Account.
   • “Accommodation Supplier” means a hotel, bed and breakfast, guest house, travel inventory aggregator, travel network agency or service, or other provider of travel-related products or services.
   • “Accommodation Supplier Fees” means all amounts due and payable by you to an Accommodation Supplier for any Booking you make using the Roomex Services or for any travel-related service provided, directly or indirectly, to you by an Accommodation Supplier in connection with a Booking, including but not limited to incidentals and damages.
   • “Accommodation Supplier Services” means the hotel, bed and breakfast, guest house, travel inventory aggregator, travel network agency or service, or other travel-related products or services provided by an Accommodation Supplier.
   • “Affiliate” means any entity that controls, is controlled by, or is under common control with Customer or Roomex, where the term “control” means the ownership, directly or indirectly, of more than fifty percent (50%) of the equity, shares, or voting interest in Customer or Roomex.
   • “Booking” means any travel-related reservation.
   • “Charges” means the Fees, incidentals, and any applicable taxes paid to Roomex.
   • “Customer” and “you” mean the legal entity that has created a Customer Account in order to provide travel services to its employees or other authorized Users of the Roomex Services, as well as any User, as defined below.
   • “Customer Account” means the account created by Customer in order to provide Roomex Services to its employees or other authorized users.
   • “Fees” means Accommodation Supplier Fees and/or the Roomex Fees.
   • “Roomex Fees” means all amounts due and payable by you to Roomex for Roomex Services. Roomex Fees do not necessarily include all amounts owed by you to Accommodation Suppliers.
   • “Roomex Platform” means Roomex’s online accommodation and related services booking platform for business travelers, available at www.roomex.com, and our related applications.
   • “Roomex Service(s)” means the provision of access to the Roomex System, which includes, among other things, functionality enabling you to book and, in some circumstances, pay for travel-related services provided by Accommodation Suppliers, customer support, and real-time reporting.
   • “Roomex System” means Roomex's online hotel reservation portal or any other technology encompassing services, platforms, data, applications, application programming interface, web, mobile and/or desktop applications, networking and server infrastructure owned or operated by (or on behalf of) Roomex or any member of the Roomex Group.
   • “User” and “you” mean an employee or other individual that Customer has authorized to access and/or use the Roomex Services.
   • “User Account” means an account created by a User to access and use Roomex Services as a User.
   • “Website” means the websites owned by Roomex (g., roomex.com) through which you may access and use the Roomex Services and Roomex System.

 

2. ACCOUNT CREATION & USE
   • Customer Account. To use the Roomex Platform, Customer must create a Roomex Customer Account. To enable a User’s access and use of the Roomex Platform and Roomex Services, authorized Users must create a User Account, or have one created for them, to be considered a registered User. Only registered Users registered with Roomex or certain members of Roomex staff on behalf of registered Users will be able to make a Booking.
   • Account Credentials & System Security. You are responsible for maintaining the confidentiality of the credentials that enable access to or use of your Account. You are also responsible for maintaining the security of the systems and networks that you use to access or use your Account or the Roomex Services. If you have any reason to believe that your credentials have been compromised, or that the security of your system or network has been compromised, you must notify Roomex as soon as possible. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
   • Customer Obligations. You represent, warrant and covenant to us that: (i) you are authorized to enter into the Agreement for yourself and, if applicable, on behalf of Customer; (ii) you are authorized to provide Roomex and, directly or via the Roomex Services, any Accommodation Supplier with any personal data or personal information that you will provide relating to any User; (iii) the information you have provided to Roomex and any Accommodation Supplier is correct and current; (iv) you will use the Roomex Services solely for your internal business-related travel; (v) you will not use the Roomex Services in any price manipulation or ticketing abuse; (vi) you will not use “screen scraping” or other data aggregation on the Roomex Services; and (vii) you will use the Roomex Services exclusively for authorized and legal purposes and consistent with all applicable laws, regulations, and rights of others.
   • Customer and User Support. For any issues arising out of the Roomex Services, you should promptly contact Roomex Travel Support via our contact us page, by calling Roomex’s Travel Support Center at 1-800-591-4860, or by emailing us at support.us@roomex.com. Failure to do so may results in a waiver of one or more available remedies under this Agreement.

 

3. ROOMEX SERVICES
   • Roomex Services for Business Travel. You may use the Roomex Services to book and, in some circumstances, pay for Accommodation Supplier Services provided by Accommodation Suppliers and to access and use third-party applications that are available within, or integrated into, the Roomex Services. You may only use the Roomex Services for your internal business-related travel. You may not, in any way, directly or indirectly, sell, resell, transfer, offer for sale, or utilize the Roomex Services in a manner other than for your internal business-related travel purposes.
   • Description and Illustrations. Any descriptions or illustrations on the Roomex Platform are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Agreement or have any contractual force. The accommodation information, star ratings, and quality of accommodation are compiled from information provided by the Accommodation Suppliers. We publish such information in good faith, based on the information provided. We have taken reasonable care to ensure that the content of all areas of the Roomex Platform, including all accommodation information, are accurate and up to date.
   • Accommodation Suppliers. Roomex does not provide or resell transportation or lodging products or services. You acknowledge that any transportation or lodging product or service booked via the Roomex Services (i) will be provided by an Accommodation Supplier, and not by Roomex, and (ii) is subject to the terms and conditions and other requirements, including any privacy policy, of the Accommodation Supplier. You acknowledge and agree that Roomex will have no responsibility or liability for, and does not guarantee: (a) the accuracy of any information (including, without limitation, the pricing, descriptions, etc.) provided by an Accommodation Supplier and displayed on the Roomex Services; (b) any Accommodation Supplier Services booked via the Roomex Services; (c) the safety of any User of an Accommodation Supplier Service booked via the Roomex Services; or (d) any Accommodation Supplier’s failure to meet its obligations to you or to fulfill the requirements of any Booking.
   • Third-Party Applications and Links. Certain third-party applications, websites, social media pages, mobile applications, or other services operated are available within, or integrated into, the Roomex Services. You acknowledge that any third-party applications or links that are available within, or integrated into, the Roomex Services (i) are provided by a third-party provider, and not by Roomex, and (ii) are subject to the terms and conditions and other requirements, including any privacy policy, of the third-party. YOU ACKNOWLEDGE AND AGREE THAT ROOMEX WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED BY A THIRD-PARTY APPLICATION OR LINK AND THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
   • Changes & Restrictions. Roomex reserves the right at any time, with or without cause or notice, to (i) discontinue, impose limits on, or restrict access to any aspect of the Roomex Services, and/or (ii) delete, edit, or modify any aspect of the Roomex Services (collectively, “Discontinuances and Modifications”). YOU ACKNOWLEDGE AND AGREE THAT ROOMEX WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR DISCONTINUANCES OR MODIFICATIONS.
   • Service Interruption. Roomex reserves the right to interrupt the access to the Roomex System at any time without any previous notice, either for technical, security, control, or maintenance reasons, or for the failure of electricity supply or any other cause. Roomex will not be responsible for any damages that may result from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections which prevent or delay the use of the Roomex System, nor for any delays or obstructions in the use caused by deficiencies or overloading of the Internet or other electronic systems.
   • Bookings
     • Generally. All Bookings must be made through the Roomex Services.
     • Making your Booking. Once you have selected the accommodation that you wish to book, please follow the onscreen prompts to make your Booking. You may only submit a Booking using the method set out on the Roomex Platform. Each Booking is an offer by you to buy the accommodation specified in the Booking (“Accommodation Supplier Services”) subject to this Agreement and the terms of the Accommodation Supplier.
     • Booking Information. In some cases, you will be required to provide all or a portion of the following information in order to complete a Booking: (i) your first and last name; (ii) your employer; (iii) your IP address; (iv) your payment information; (v) personal preferences you provide for your Booking (such as dietary or accessibility requirements); and contact information (such as email, phone number, and physical business address) (“Booking Information”). Roomex has no obligation to ensure the accuracy or completeness of any Booking Information provided by you, and you hereby acknowledge and agree that the Booking Information you provide to Roomex or any Accommodation Supplier will be true, correct, and complete in all respects. You also acknowledge and agree that your failure to provide correct Booking Information at the time you complete a Booking may cause you to be unable to access all or a portion of the Accommodation Supplier Services contained in your Booking. The person named on the Booking must be present at the time of check-in and be able to present a legally valid ID matching the name on the Booking.
     • Booking Confirmation. After you place your Booking, you will receive an on-screen confirmation from us acknowledging that we have received it. You will receive the essential elements of your booking, such as the description of the Accommodation Supplier Services booked and the price ("Booking Confirmation") to the email address you provided when you booked. Your reservation is not officially confirmed until you receive an email confirming the reservation. Exact terms and conditions for your specific Booking can be viewed online prior to Booking creation; once a Booking is confirmed, these terms can also be viewed on your confirmation email.
     • Booking Restrictions. Bookings can only be held open for a limited period of time. Each Accommodation Supplier may have specific requirements about the timeliness of payment. If a booking is not completed in a timely fashion, then each Accommodation Supplier reserves the right to cancel or reject such a Booking. If a Booking is canceled or rejected due to a delay in submission, then you will be required to resubmit the Booking. You will be responsible for all duplicate Bookings that are not the result of an error in the Roomex Services or the Accommodation Supplier Services. Roomex and its Accommodation Suppliers are not responsible for any tickets that are changed or refunded through channels other than the Roomex Services.

 

4. PRICING & PAYMENTS
   • Pricing – Net Price. In some circumstances, the prices displayed on the Roomex Services include fees charged by Accommodation Suppliers or Roomex. All amounts payable to Roomex shall be inclusive of all applicable taxes, duties, charges, fees, or other levies, including sales tax, excise duty, or other taxes that may be applicable. Local city tax, if applicable, may be paid directly by you to the Accommodation Supplier as required.
   • Deposit. A Deposit may be required for certain or all Bookings as security for the performance of future payment obligations under this Agreement.
   • Currency Conversion Rates & Conversion Fees. Many banks and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location are in different locations. The transaction fee, if any, and the currency exchange rate, if applicable, are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. This means the amount listed on your credit or debit card statement may differ from the amount displayed by Roomex at the time of Booking. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
   • Local Taxes. In some countries, cities, or destinations, you may owe, and must directly pay, a local tax or fee (sometimes called a “visitors’ tax,” “city tax,” “tourist tax,” “resort fee,” or “service charge”) for certain travel-related products or services. To the extent that any taxes are chargeable in respect of the Fees, it shall be payable by the Customer at the appropriate rate.
   • Prepaid or Pay-Now Reservations. You may be required to pay some or all Charges after a Booking (g., directly to an Accommodation Supplier during or after a stay). If your Booking includes Currency Conversion Rates & Conversion Fees or Local Taxes, those amounts may change after the Booking.
   • Third-Party Fees. You are responsible for any and all additional fees, incidentals, taxes, costs and other charges, whether by an Accommodation Supplier or any other third-party, that are issued or assessed outside of the Roomex Services. You agree to remit such fees and other charges in a timely fashion and indemnify and hold harmless Roomex for the payment of such charges.
   • Cancellations and Modifications by Us or an Accommodation Supplier. In the unlikely event that we or the Accommodation Supplier are unable to supply you with the Accommodation Supplier Services for any reason, we will inform you of this by email and we will not process your Booking. If a confirmed Booking becomes unavailable and/or is cancelled by Roomex or by the Accommodation Supplier, we will, at your request, endeavor to offer or procure an alternative Accommodation Supplier at an equivalent standard and price, as close to your original Accommodation Supplier as possible and/or we will liaise with the Accommodation Supplier with regards to the availability of a refund. Roomex will not be liable to arrange alternative accommodation if the original accommodation booked ceases trading.
   • Cancellations and Modifications by You. In some circumstances, you may be able to cancel or modify a Booking via the link on your Booking Confirmation or through the Roomex Platform. If you wish to amend your Booking without cancelling, you can email us at support.us@roomex.com and we will use reasonable endeavors to accommodate amendments to your booking. You may not be entitled to a full refund, and may owe additional fees or penalties, if you cancel or modify (including by failing to show for or departing early from) a Booking. Neither Roomex nor any Accommodation Supplier shall be responsible for any direct or indirect losses caused by a cancellation or modification of a Booking, whether made by you, Roomex, or an Accommodation Supplier.
   • Refunds. If you are eligible for a refund, in whole or in part, for any Booking that is cancelled or modified pursuant to Sections 4.7 or 4.8, Roomex will use commercially reasonable efforts to process that refund in a timely fashion. Any refund will be issued to the original payment method. If you dispute the amount or availability of a refund, you agree to fully cooperate with Roomex and any Accommodation Supplier in providing necessary documentation to assess the validity of the refund. If you reject the alternative offer or we chose not to provide you with such, if and to the extent Roomex receives a refund from an Accommodation Supplier in respect of your booking, Roomex will issue you with a refund of the Charges, less any Roomex Costs incurred by Roomex.
   • Breach by Accommodation Supplier. If an Accommodation Supplier breaches its obligations to you, Roomex may, in its sole discretion, compensate losses suffered by the Customer provided always that the Customer assigns all of its rights, remedies and claims against the Accommodation Supplier to Roomex. Notwithstanding the foregoing, Roomex is not liable in any way for, and makes no representations or warranties relating to, any claim or damage resulting from Accommodation Supplier’s actions.
   • Incorrect Pricing. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, it is always possible that, despite our reasonable efforts, some of the Charges on the Roomex Platform may be incorrectly priced. If we are unable to contact you using the contact details you provided during the Booking process, we may treat the Booking as cancelled and notify you in writing. This only applies where we have not confirmed your booking. If we mistakenly accept and process your Booking where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel the Booking and, subject to the Accommodation Supplier’s terms and conditions and to the extent practicable, refund to you the Accommodation Supplier Fees.

 

5. INTELLECTUAL PROPERTY
   • Intellectual Property Rights. The Roomex Services, Roomex System, Website, and all intellectual property rights therein or relating thereto, are and will remain the exclusive property of Roomex or its third-party licensors, including visual interfaces, graphics, design, compilations, computer code (both source code and object code), and all other elements of the Roomex Services, Roomex System, and Website. Roomex reserves all rights to the foregoing not expressly granted in the Agreement.

 

6. PERSONAL DATA & NON-DISCLOSURE
   • Personal Data. To facilitate Roomex’s provision of the Roomex Services, you authorize Roomex to disclose your personal data to Accommodation Suppliers to the extent required by Accommodation Suppliers. Personal data shared with Accommodation Suppliers are subject to the terms and conditions and other requirements, including any privacy policy, of the Accommodation Supplier.
   • Non-Disclosure. The content and information on the Website and Roomex System including, but not limited to, privacy and availability of travel services, as well as the infrastructure used to provide such content and information, is proprietary to Roomex and its suppliers. While you may make copies of your travel itinerary (and related documents) for travel or services booked through the Roomex Services, you agree not to otherwise copy, create derivative works from, display, distribute, license, modify, perform, publish, transmit, reproduce, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Roomex Services.

 

7. TERMINATION
   • Termination. Roomex may, in its sole discretion, at any time suspend, limit, or terminate all or a portion of your access to the Roomex Services or any of its features at any time with or without notice and with or without cause, including without limitation, if Roomex believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Roomex shall not be liable to You or any third party for any such suspension or termination. Roomex may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
   • Survival. The provisions of this Agreement concerning protection of intellectual property rights, authorized use, limitations of liability, indemnity, confidentiality, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

 

8. WARRANTY & DISCLAIMER
   • Warranty for Services. Roomex warrants that the Services will operate in substantial conformity with the terms of this Agreement. Roomex’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for Roomex to use commercially reasonable efforts to correct the reported non-conformity.
   • General Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, ROOMEX AND ITS ACCOMMODATION SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT OR THE ROOMEX SERVICES OR ANY ACCOMMODATION SUPPLIER SERVICE. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, ROOMEX AND ITS ACCOMMODATION SUPPLIERS DISCLAIM ANY WARRANTY THAT THE ROOMEX SERVICES OR ANY ACCOMMODATION SUPPLIER SERVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. ROOMEX AND ITS ACCOMMODATION SUPPLIERS FURTHER DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE ROOMEX SERVICES AND THE ACCOMMODATION SUPPLIER SERVICES AS TO MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROOMEX FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, TAX ADVICE AND REPORTING RESPONSIBILITIES, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOMEX OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. IN JURISDICTIONS THAT BY LAW DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES, THE DISCLAIMERS IN THIS SECTION 8.2 AND ELSEWHERE IN THE AGREEMENT WILL BE CONSTRUED TO COMPLY WITH SUCH APPLICABLE LAW.

 

9. INDEMNIFICATION
   • Indemnification. To the maximum extent allowed by law, you will indemnify, defend, and hold harmless Roomex, its officers, directors, and employees from and against any liabilities, losses, damages, and expenses, including court costs and reasonable attorneys’ fees, associated with any claim by a third party arising out of or in connection with: (i) your negligence, willful misconduct, violation of any law or regulation, or breach of any representation, warranty or other obligation under this Agreement; (ii) your activities in connection with the Roomex Services; (iii) any content or information you provide to Roomex in connection with the Roomex Services; (iv) any personal injury (including death), damage to property, or environmental clean-up and related costs, resulting from the your or any User’s acts or omissions; and (v) allegations that any Customer data violates a third party's privacy rights. Your obligations under this section are contingent upon Roomex providing you with prompt written notice of such claim. Roomex may not settle any claim to which it is seeking or is entitled to indemnification in a manner that would result in an admission of any wrongdoing by Customer, without Customer’s prior written approval.

 

10. LIMITATION OF LIABILITY
    • Limitation of Liability to Users. The following limitation of liability applies to your use of the Roomex services as a User: IN NO EVENT SHALL ROOMEX HAVE LIABILITY TO YOU FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCE, IF ROOMEX IS FOUND TO BE LIABLE, ROOMEX’S SOLE RESPONSIBILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR DAMAGES CAUSED BY ROOMEX’S BREACH OF THE AGREEMENT, ERROR, DELAY, OR ANY ACTION OR FAILURE TO ACT SHALL BE LIMITED TO DIRECT MONETARY DAMAGES NOT TO EXCEED THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY ROOMEX FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

 

11. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• Disputes with Accommodation Suppliers. Roomex will use reasonable efforts to assist you in resolving any dispute or disputed transaction with an Accommodation Supplier; provided, however, that (i) Roomex will have no responsibilities (financial or otherwise) for any dispute or disputed transaction and (ii) Roomex is not responsible for the resolution of any dispute or disputed transactions with an Accommodation Supplier.
• Dispute Resolution. The following sections apply to any dispute you may have with Roomex arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate (“Disputes”):
  • Arbitration. Disputes shall be either determined by binding arbitration in Sedgwick County, Kansas before one arbitrator or submitted to small claims court in Sedgwick County, Kansas. Users may participate in the selection of the arbitrator. If the arbitrator finds this location to be unreasonably burdensome to the User, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. Users may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law.
  • No Class Actions. EXCEPT FOR COORDINATED CLAIMS (AS DEFINED BELOW), USERS AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND ROOMEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ROOMEX INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND ROOMEX ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, except for Coordinated Claims (defined below), unless both you and Roomex agree otherwise, the arbitrator may not consolidate more than one person’s claims with your or Roomex’s claims respectively, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and shall be severed from the remainder of this Agreement.
  • Seeking Arbitration. If you, as a User, believe you have a dispute with Roomex, prior to initiating arbitration or filing a claim in small claims court, you must first call Roomex’s customer service representatives and present your claim or dispute to allow Roomex the opportunity to resolve the claim or dispute. Similarly, if Roomex believes Roomex has a dispute with you, Roomex’s customer service representatives will first contact you in an attempt to resolve the dispute. If the dispute cannot be resolved by customer service and either you or Roomex intend to seek arbitration, the party wishing to initiate arbitration must send to the other party, a written notice of the claim (“Notice”). Your Notice to Roomex must be delivered by certified mail and addressed to: Roomex, 8111 East 32nd. St. North Suite 300, Wichita, Kansas 67226. If Roomex initiates arbitration, Roomex will send a written Notice to an email address or other contact information you have previously provided to Roomex, if available. Roomex may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by Roomex, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Roomex do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Roomex may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. Except in the event of a Coordinated Claim (as defined below), if you are required to pay a filing fee, after Roomex receive Notice that you have commenced arbitration, Roomex will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than USD $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
  • Hearing. If your claim is for USD $10,000 or less, Roomex agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
  • Award. In the event arbitration awards you damages of an amount at least $100 greater than Roomex’s last documented settlement offer, Roomex will pay your awarded damages or $2,500, whichever is greater.
  • Coordinated Proceedings. If twenty-five (25) or more Users or individuals initiate Notices of dispute with Roomex raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals ("Coordinated Claims"), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and counsel for Roomex shall each select five (5) cases to proceed first in arbitration in a bellwether proceeding ("Test Cases"). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five (5) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against Roomex. Individuals bringing Coordinated Claims shall be responsible for up to USD $250 of their filing fees or the maximum permissible under the applicable arbitration rules.
  • Injunctive Relief. Notwithstanding the foregoing, you and Roomex both agree that you or Roomex may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
  • Confidentialit The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  • Governing Law and Rules. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Kansas, exclusive of conflict or choice of law rules. You agree to the personal jurisdiction by and venue in the state and federal courts in Sedgewick County, Kansas, and waive any objection to such jurisdiction and venue. The preceding provision regarding venue does not apply if you are a consumer based on the European Union. If you are a consumer based on the European Union, you may make a claim in the courts of the country where you reside. Any claims under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

 

12. TERMS FOR USERS IN CERTAIN JURISDICTIONS
    • The following terms apply to you, and supersede conflicting terms in the agreement, if you are a User residing in the named jurisdiction or to the extent required by applicable law:
      • New Jersey Users. If you are a User residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Section 8.2 (General Disclaimer of Warranty); (b) Section 9 (Indemnification); (c) Section 10 (Limitation of Liability); (d) Section 11.2.1 (the Arbitration Agreement); and (e) Section 11.2.2 (the Class Action Waiver) and Section 11.2.9 (the governing law provisions) (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
      • California Users. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
      • Users Outside the United States. ROOMEX MAKES NO REPRESENTATION THAT THE INFORMATION AND MATERIALS PROVIDED THROUGH THE ROOMEX SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH ROOMEX SERVICES ARE DIRECTED. ROOMEX DOES NOT REPRESENT OR WARRANT THAT THE ROOMEX SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Users who choose to access the Roomex Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. Users are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as consumers, Users will benefit from any mandatory provisions of the law of the country in which they are a resident. Nothing in this Agreement affects a User’s rights as a consumer to rely on such mandatory provisions of local law. The local law of a User’s jurisdiction may entitle the User to have a dispute relating to this Agreement heard by his or her local courts. This Agreement does not limit any such rights that Users have that apply. HOWEVER, THE PARTIES ACKNOWLEDGE THAT ROOMEX DOES NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT.

Roomex may limit the availability of the Roomex Services, in whole or in part, to any person, geographic area, or jurisdiction at Roomex’s choosing, at any time and in Roomex’s sole discretion. The Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only. The following terms apply to Users outside the United States:

• Canada. L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers. For Quebec customers (or customers from other Canadian provinces where applicable) Roomex will, if required, send at least thirty (30) days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the User’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Roomex a notice to that effect no later than thirty (30) days after the amendment comes into force, if the amendment entails an increase in the User’s obligations or a reduction in our obligations.

Dispute Resolution. The arbitration requirements of this Agreement will not apply to a User residing in Canada if any such provision is unenforceable under the laws of said User’s Canadian province of residence.

Cancellation Rights. Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. Roomex will honor such cancellation rights.

• United Kingdom.

Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Roomex’s liability for death or personal injury arising from Roomex’s negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO USERS WHO ARE RESIDENTS OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). SECTION 11.2.1 (THE ARBITRATION AGREEMENT) OF THIS AGREEMENT WILL NOT APPLY TO UK-BASED USERS IF NOT PERMITTED BY LAW.

• European Union.

Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Roomex’s liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A USER RESIDING IN THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), SECTION 11.2.1 (THE ARBITRATION AGREEMENT) OF THIS AGREEMENT WILL NOT APPLY TO EU-BASED USERS IF NOT PERMITTED BY LAW.

 

13. GENERAL PROVISIONS
    • Roomex Updates. Roomex may revise or otherwise change or update this Agreement from time to time. Roomex will use reasonable efforts to inform you of such updates. Such efforts may include posting notice on the Roomex Services, or notifying you using contact information on file, or a message in your Account. Your continued use of the Roomex Services will signify your continued agreement to this Agreement as revised. If you do not agree to the Agreement as modified, then you must discontinue your use of the Roomex Services.
    • Age Restriction. You must be the greater of 18 or the age of majority in the laws of your jurisdiction or residence to register for or use the Roomex Services available on the Roomex Platform.
    • Relationship Between the Parties; No Third Parties. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. Only the parties may enforce the Agreement, and no third parties shall be considered beneficiaries of the Agreement.
    • Waiver. The failure to insist on strict compliance with any term or condition of the Agreement will not be deemed a waiver of the term or condition. The waiver by either party of any default or breach of the Agreement will not constitute a waiver of any other or subsequent default or breach.
    • Severability. If any part of the Agreement is determined to be invalid, null, void, illegal, unreasonable, or unenforceable by any court of competent jurisdiction, then such court will reform such part to render it enforceable to the maximum extent permitted under applicable law. Further, the remaining parts of the Agreement will be fully effective and operative insofar as reasonably possible.
    • Force Majeure. Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes (except by its own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
    • Compliance with Laws. Each party agrees to comply with all applicable laws, including U.S. export laws, and regulations with respect to its activities hereunder.
    • EU Residents. The EU Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements) does not apply to travel purchased through Roomex on the basis that the Agreement is a general agreement for the arrangement of business travel.

 

14. CONTACT INFORMATION
    • If you have questions about this Agreement, or if you have technical questions about the operation of the Roomex Services, please contact us at support.us@roomex.com.