The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the OA Companies and OA Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, OA expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the OA Companies and OA Affiliates do not guarantee the accuracy of the ratings. The OA Companies, the OA Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The OA Companies, the OA Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
The OA Companies, the OA Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the OA Companies or the OA Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The OA Companies, the OA Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the OA Companies, the OA Affiliates and/or their respective suppliers are free of viruses or other harmful components. The OA Companies, the OA Affiliates and their respective suppliers hereby disclaim all warranties and conditions whether express or implied, with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the OA Companies or the OA Affiliates. The OA Companies and the OA Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. OA Companies are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, the OA Companies and the OA Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the OA Companies, the OA Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the OA Companies, the OA Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the OA Companies, the OA Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the OA Companies, the OA Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to the OA Companies in connection with such transaction(s) on this Website, or (b) One-Hundred United States dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the OA Companies, the OA Affiliates, and/or their respective suppliers.