These Terms of Service govern the use by you (the “User”) of certain travel services (as described in these Terms of Service, the “Tripadvisor Travel Portal”) made available in Tripadvisor’s mobile application by Tripadvisor LLC, a Delaware limited liability company located in the United States of America, and its affiliated companies (“Tripadvisor”).
Some of the travel services made available through the Tripadvisor Travel Portal are offered by Hopper (USA), Inc. and its affiliated companies (“Hopper”). When we refer to Hopper together with Tripadvisor, we say “we”, “our” or “us”. For example, Hopper may allow you to use Hopper data, content, proprietary predictive algorithms and/or Hopper-provided sites within the Tripadvisor Travel Portal: (i) to search, book, pay for, manage, and receive notifications about, flights, hotels, lodging, and other travel services provided by third-party providers (“Third-Party Providers”); (ii) to provide access to flexible booking options and other travel products and services provided by Hopper; and (iii) to provide customer service or other service related to any of the foregoing; (collectively, the “Hopper Services” and together with Tripadvisor’s provision of the Tripadvisor Travel Portal, the “Travel Services”).
Hopper provides the Hopper Services subject to your acceptance of all of the following Terms and Conditions (“Terms”), which constitute a binding legal agreement between you and Hopper.
Tripadvisor is never party to any contract for the booking of flights, hotels or other travel products via the Travel Services. Hopper alone is the provider of the Hopper Services, and Third-Party Providers shall provide the actual hotels, lodging, rental cars and airline fights. Tripadvisor provides you access to the Travel Services provided by Tripadvisor subject to your acceptance of all of the following Terms, which constitute a binding legal agreement between you and Tripadvisor. These Terms do not govern your broader relationship with Tripadvisor, which continues to be governed by the Tripadvisor Terms, Conditions and Notices, available via the preceding hyperlink. To the extent that there is any conflict or ambiguity between these Terms and the Tripadvisor Terms, Conditions and Notices, the Tripadvisor Terms, Conditions and Notices shall control.
By accessing the Hopper Services and/or Travel Services provided by Tripadvisor and any materials contained on any sites associated with the Tripadvisor Travel Portal (the “Sites”) or otherwise provided to you in connection with the Travel Services, you express your acknowledgement and acceptance of the Terms set forth below without limitation or qualification.
PLEASE REVIEW THE “DISPUTE RESOLUTION” OF THESE TERMS (SECTION 12) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ANY FUTURE DISPUTES WITH HOPPER THROUGH BINDING INDIVIDUAL ARBITRATION, TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT IN THOSE JURISDICTIONS WHERE PROHIBITED BY LAW, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST HOPPER.
Tripadvisor and Hopper may collect, use and disclose information from or about you as described in Tripadvisor’s Privacy and Cookies Statement and Hopper’s Privacy Notice, respectively, each of which are incorporated by reference into these terms. Additional privacy notices may apply, including from Third-Party Providers of travel services (such as airlines, hotels, lodging hosts, etc.), in relation to the Travel Services. By agreeing to these Terms, you also consent to the collection and use of data as set forth in Tripadvisor’s Privacy and Cookies Statement and Hopper’s Privacy Notice.
We keep these Terms updated and we amend them from time to time. Please remember to check these Terms before you use the Travel Services, as the latest set of Terms will apply in each case. These Terms cover only your use of the Travel Services. For other Tripadvisor or Hopper products, as applicable, you may be required to accept additional terms which govern your use of those services.
1. Use of the Travel Services; Restrictions
1.1. Acceptable Use. You may use the Travel Services only for lawful personal use, and in accordance with these Terms, to search for and make travel bookings and/or related purchases for yourself, or non-commercially on behalf of a person who has authorized you to do so. We may, in our sole discretion (or in our reasonable discretion for consumers resident in the UK or EU), terminate your right to use the Tripadvisor Travel Portal and the Travel Services at any time, and may take all available legal recourse for actual or suspected violations of these Terms, including cancellation by Hopper of bookings made in violation of these Terms. Any delay by us in taking such actions does not constitute a waiver of our rights to enforce these Terms. Our making the Tripadvisor Travel Portal and Travel Services available for your use does not represent our consent to act as your agent or fiduciary.
1.2. Use Restrictions. The Tripadvisor Travel Portal and Travel Services are not intended for use by any person who is, and you are not permitted to use the Tripadvisor Travel Portal and Travel Services if you are, under the age of 13 or under the legal age of majority in the jurisdiction in which you reside. Other than information required to complete a booking, we do not knowingly collect personal identifiable information from minors under the age of 13. If a minor under 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at email@example.com, in which case we will remove the information and unsubscribe the minor from any of our electronic marketing lists.
You may not use the Tripadvisor Travel Portal and Travel Services if you are identified on any U.S. or Canadian government list of prohibited, sanctioned, or restricted parties, or if you are located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a "terrorist supporting" country.
While you may make copies of information related to your booked travel reservations, you may not attempt to access, copy, decompile, disassemble, or reverse-engineer, distribute, sublicense, publish, interrupt, destroy, or interfere with the source code, libraries, databases, algorithms, data, or systems or networks that make up the Tripadvisor Travel Portal or Travel Services, or attempt to circumvent any security controls included in the Tripadvisor Travel Portal. You may not attempt to access the Tripadvisor Travel Portal or Travel Services using any automated tools, including without limitation the use of bots, spiders, crawlers, scrapers or other similar tools, or other technology we have not explicitly authorized. You may not use any text, data or content hosted on or within the Tripadvisor Travel Portal or Travel Services to train large language models or otherwise serve as inputs or outputs for artificial intelligence systems. You may not deep-link to any portion of the Tripadvisor Travel Portal (including, without limitation, the purchase path for any travel services) or frame, mirror or otherwise incorporate any part of the Tripadvisor Travel Portal or into any other app or site without our prior express written authorization. You may not use the Tripadvisor Travel Portal and Travel Services for any purpose that is fraudulent or deceptive. If your right to access the Tripadvisor Travel Portal and Travel Services has been previously revoked by Tripadvisor or Hopper, all use of the Tripadvisor Travel Portal and Travel Services is prohibited.
1.3. Updates. We may update the Tripadvisor Travel Portal and Travel Services from time to time in order to improve the Tripadvisor Travel Portal and/or the Travel Services. You agree to install all updates in a timely manner. If you delay or refuse updates to the Tripadvisor Travel Portal, this may compromise or prevent us from delivering the Travel Services.
2. Payment Authorizations
2.1. Required Account. In order to make purchases using the Tripadvisor Travel Portal and Travel Services, whether from Hopper or from Third-Party Providers (e.g., airlines, hotels, rental car providers, property managers, etc.), you will need to register for an account (“account”) if you do not already have one, which includes the telephone number associated with your mobile device, and an account will be created automatically using the information you provide. You may create only one account per individual. You agree: (i) to provide and maintain accurate, current and complete information for your account, (ii) to maintain the security of your account by not sharing, disclosing, or making available access credentials to any unauthorized person, and (iii) to notify Tripadvisor promptly if you discover or otherwise suspect any security breaches relating to your use of the Tripadvisor Travel Portal and Travel Services. You agree to be responsible for all activities and purchases that occur using your account, and you accept all risks of unauthorized access to your account resulting from any act or omission by you in violation of these terms.
2.2. Deactivating an Account. If you cease to use the phone number associated with your account, you must notify Hopper immediately by emailing firstname.lastname@example.org in order to deactivate your account and your account data.
2.3. Payment Methods. The Tripadvisor Travel Portal enables you to make purchases from Hopper and/or Third-Party Providers by linking a valid, authorized debit, credit, prepaid credit card or other authorized payment method to your account (“Payment Instrument”). You may change the Payment Instrument associated with your account or add additional Payment Instruments at any time. By linking a Payment Instrument to your account, you represent that you are an authorized user of the Payment Instrument. You are responsible for ensuring that the Payment Instrument(s) associated with your account is at all times current, non-expired, and valid for payments. Your account is not a bank account. Neither Hopper nor Tripadvisor is a bank, neither Hopper nor Tripadvisor offer banking or “money transmission services,” and neither Hopper nor Tripadvisor is a “money service business,” as those terms are defined by the United States Department of Treasury.
2.4. Payment Authorization. You authorize Hopper, and/or applicable Third-Party Providers, to charge your linked or entered Payment Instrument(s) for the total amount of all purchases or other payment transactions initiated in the Tripadvisor Travel Portal using your account, as necessary to complete the purchase, payment or other financial transaction requested or agreed to by you, including without limitation all fees and taxes. In some cases, Hopper may pass your Payment Instrument(s) to a Third-Party Providers (such as an airline, rental car service, property manager or hotel) in order to process your authorized payment. By making a booking, you authorize such transfer of your Payment Instrument and other information necessary to process that transaction. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a transaction you made using your Payment Instrument, you also authorize a credit to your Payment Instrument(s) by Hopper as necessary to execute that transaction.
2.5. Failed Transactions. In the event that a charge to any Payment Instrument fails, you agree to link a new, valid Payment Instrument within three (3) business days of notification by Hopper. Your account may be disabled, and all purchased Hopper products and third-party travel services may be canceled, until a valid Payment Instrument is provided and the outstanding uncharged balance is resolved. You further authorize Hopper to attempt to re-submit any failed charge to any Payment Instrument(s) associated with your account at subsequent times until successful. Hopper is not responsible for any charges imposed by the issuer of your Payment Instrument as a result of any failed charge or re-charge by Hopper. To the extent that Hopper is unable to successfully charge any Payment Instrument linked to your Hopper account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Hopper may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your Hopper account, and you will not contest the use of a third party to collect the debt and fees owed to Hopper. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your Hopper account and all monies owed thereunder. You agree that Hopper, or any agency or business employed by Hopper, has the right to contact you via telephone, email or (if not prohibited by law) in-person using the information you provided upon registration or during any contact with Hopper, or any other publicly available or attainable information, in an effort to collect any monies and fees owed to Hopper, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
2.6. Test Authorizations. At the time of linking any Payment Instrument to your account, you consent to Hopper temporarily authorizing a charge on that Payment Instrument, typically for USD $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your Payment Instrument statement within a few days.
2.7. Unauthorized Transactions; Lost Devices. If any transaction receipt received by you appears incorrect, or was unauthorized or fraudulent, you shall notify us immediately by contacting customer support as described above. In the event that you lose any mobile device on which you have access to the Tripadvisor Travel Portal, you shall notify Hopper immediately by emailing email@example.com. You should always secure any device on which you use the Tripadvisor Travel Portal.
2.8. Currency Conversions. Some prices and/or fees provided in the Tripadvisor Travel Portal and Travel Services for purchases may be displayed to you in a default, or your preferred or selected, currency, although the charge made to your Payment Instrument by a third-party service provider will be in a local currency. In these cases, the amount charged to your Payment Instrument for the purchase may vary slightly from the amount displayed, due to fluctuations in currency exchange rates beyond our control. Your Payment Instrument provider or issuer may also include a fee to process the transaction or convert currency, plus any applicable taxes for international purchases.
3. Consent to Electronic Communications, Disclosures and Notices; Paper Copies.
3.1. By accepting these Terms, you agree that we will provide the Terms, the Hopper Privacy Notice, the Tripadvisor Privacy Notice, and all other applicable terms, and any amendments made by Hopper thereto, as well as all disclosures, notices, transaction receipts, transaction authorizations, and all transaction statements or other information required by law (“Disclosures”), electronically by publishing in the Tripadvisor Travel Portal and/or to the email address you provide. Your electronic acceptance or receipt of the Disclosures, and/or your continued use of the Tripadvisor Travel Portal and Travel Services after publication of the Disclosures, has the same effect as if you received them in paper, or signed them in ink. Except as otherwise required by applicable law, Disclosures are considered received and accepted by you within 24 hours of the time posted to the Tripadvisor Travel Portal, or emailed or messaged to you, whether or not you choose to read them. In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an internet connection; (ii) a valid email address that can receive emails from @tripadvisor.com and (iii) sufficient storage space to save past Disclosures and/or an installed printer to print them. You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. Hopper will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Hopper (USA), Inc., Attn: Legal Department, 265 Franklin Street, Suite 1702, Boston, MA 02110. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. Hopper reserves the right to terminate your account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically via Tripadvisor Travel Portal.
3.2. Consent to Communications and Contact. By registering an account and/or making any purchase or booking using the Tripadvisor Travel Portal, you consent to be contacted by Tripadvisor, Hopper, and/or by the Third-Party Provider of the travel services booked, electronically, including via email, phone, SMS, in-app messaging, or other available digital messaging service, for any purpose related to your bookings or other purchases made by you via the Tripadvisor Travel Portal and Travel Services.
3.3. Your computer and/or mobile device must be connected to the internet in order to access the Tripadvisor Travel Portal and Travel Services and to make and receive communications to/from Hopper or Tripadvisor, including to contact the customer service team within the Tripadvisor Travel Portal. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all third-party charges related to such access and/or the transmission and receipt of data.
3.4. When you make a booking through the Tripadvisor Travel Portal, you agree that communications to the customer support team related to your booking may be made either within the Tripadvisor Travel Portal, via messaging and/or chat functionality, or other channels, such as phone, SMS, or email, that may be initiated by Hopper or Tripadvisor to you.
4. Travel Predictions and Sort Order
4.1. The Hopper Services may include notifications and may include predictions about the future price of Travel Services. Hopper believes these predictions provide a powerful tool to assist you in finding the best time to book travel and save money. Hopper works hard to ensure the accuracy of its predictions based on past data and current trends. However, forecasting price movements in a highly competitive, unpredictable global market has inherent limitations, and no prediction tool can be 100% accurate. Accordingly, while Hopper believes strongly in the accuracy of its predictions, Hopper does not guarantee their accuracy, and we shall not be liable for any reliance upon them, except as expressly set forth in the terms of any Travel Service product purchased by you.
4.2. Hotel search results within the Tripadvisor Travel Portal are provided and presented by Tripadvisor, not by Hopper. On a given city’s Hotels search results page, you will be presented with Tripadvisor’s default sort order for our mobile application. A user can choose to change the manner by which Tripadvisor sorts Hotel results and can elect to use other filter options such as price, overall rating, distance, etc. Tripadvisor also reserves the right to display travel options that are paid-for commercial listings within lists, and will clearly label such listings to differentiate them from those appearing organically within the list. More information about Tripadvisor’s display of Hotel search results can be found at Tripadvisor’s How the Site Works page.
5. Third-Party Travel Services
5.1. The Tripadvisor Travel Portal and Travel Services provide access to travel information, such as flight, hotel, vacation rentals, or car pricing and availability, features and amenities, and terms and conditions, provided and maintained by Third-Party Providers. These Third-Party Providers are independent contractors and not agents of Hopper or Tripadvisor. Your contract for these travel services is with the Third-Party Provider, and not with Hopper or Tripadvisor. While we work hard to ensure correctness, we cannot verify, and are not responsible for, the accuracy of information provided by Third-Party Providers regarding their respective services. We also are not liable for the acts, errors, delays, omissions, representations, warranties, breaches, bankruptcy, or negligence of any such Third-Party Providers or for any personal injuries, death, property damage, or other damages or expenses resulting from third-party provided services. We are not responsible to make any refund in the event of any delay, failure, breach, cancellation, overbooking, strike, force majeure or other causes beyond our direct control. By offering third-party travel services for booking via the Tripadvisor Travel Portal and Travel Services, we do not endorse, or make any representation or warranty about, the quality of any Third-Party Provider. In addition, unless otherwise expressly set forth, we do not purport to be affiliated with, or to be endorsed by any Third-Party Providers.
5.2. The purchase of third-party travel products and services through the Tripadvisor Travel Portal and Travel Services, and entitlement to cancellation or refunds for such services, may (and typically will) be governed by and subject to additional terms and conditions from such Third-Party Providers, and subject to laws and regulations imposed by government entities, and you agree to abide by all such terms, laws, and regulations. Where possible, we will make these terms available to you. However, additional applicable terms may be provided on the Third-Party Provider’s website. Please read these additional provider terms and conditions carefully prior to purchase from any Third-Party Provider using the Tripadvisor Travel Portal and Travel Services, and ensure that you understand the full terms applicable to your airfare, hotel, vacation rental, trip insurance, car rental, or other third-party service. If you make bookings on behalf of another person(s) with their authorization, you agree that you will inform such other person(s) about these Terms and any Third-Party Provider terms, rules and restrictions that apply to the bookings made on their behalf. You understand and agree that any violation of Third-Party Provider terms of service may result in a cancellation of your bookings, denial of service, and forfeit of any amounts paid. We are not responsible for any damages resulting from your violation of Third-Party Provider terms.
5.4. Hotel Bookings. Hotel bookings are only final once the purchase has been completed and a confirmation has been issued to you by email and/or through messaging via the Tripadvisor Travel Portal following your purchase.
5.4.1. Paid Bookings. In some cases Hopper, directly and/or in partnership with other entities, has pre-negotiated certain room rates with hotel suppliers to facilitate your booking of hotels. In connection with these Travel Services, Hopper sometimes charges a fee, which is combined with and included in the rate that you see displayed in the Tripadvisor Travel Portal, and which may vary depending on the booking. This displayed rate may also include applicable taxes and third party service fees. When you make a prepaid hotel booking, you authorize us to charge the full displayed amount and to facilitate the reservation(s) on your behalf at the time of booking (“Paid Booking”), including making payment arrangements with hotel suppliers and Third-Party Providers. Your payment at time of booking shall satisfy your payment obligations to the hotel provider for such Paid Booking.
5.4.3. Incidental and Other Charges by Hotel. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment Hopper receives from you for your hotel booking. You are responsible for payment of all additional expenses during your stay, including for example, resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees, parking charges, minibar charges, phone calls, room service and movie rentals, etc.
5.4.4. Ratings. Hotel ratings and rankings displayed in the Tripadvisor Travel Portal by Tripadvisor are intended only as general guidelines, and are based on other travelers’ ratings and additional criteria, both objective and subjective. We do not guarantee or endorse any hotel, or the accuracy of any subjective ratings.
5.4.5. Taxes. In connection with facilitating your hotel booking transaction, Hopper may charge your method of payment for taxes and fees. This charge includes an anticipated amount to recover the amount Hopper pays to the hotel in connection with your reservation for taxes owed by the hotel 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 hotel. Neither Hopper nor Tripadvisor is the ultimate vendor collecting and remitting taxes to the applicable taxing authorities with respect to such hotel bookings. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount Hopper anticipates and includes in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for the Travel Services.
5.6. Third-Party Sites. The Tripadvisor Travel Portal and Travel Services may contain links to third-party websites that are not operated by Hopper or Tripadvisor. These links are provided for reference only. We are not responsible for the contents or the privacy or other practices of such sites. You should review the terms applicable to any third-party site that you choose to access.
6. Hopper Entities; Sellers of Travel Registrations and Disclosures. Except as otherwise set forth below, all bookings are made by Hopper (USA), Inc., a wholly owned-subsidiary of Hopper Inc. Hopper (USA), Inc. is a registered seller of travel in each of the U.S. states listed below:
California*, registration number: 2141604-70 Hawaii, registration number: TAR 7387 Washington, registration number: 604516639
*Registration as a seller of travel in California does not constitute the state's approval of Hopper. Hopper is not a participant in the Travel Consumer Restitution Fund.
Additional Disclosures for Residents of California: Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly reimbursed to the passenger. This provision does not apply where the seller of travel has remitted the payment from customer to another registered wholesale seller of travel or a carrier, without obtaining a refund and such other provider fails to provide the agreed-upon transportation or service. In this situation, the initial seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the customer payment, and if disbursed to a registered wholesaler of travel, proof of current registration of that wholesaler.
Additional Disclosures for Residents of Washington State: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within 30 days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within 14 days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
Additional Disclosures for Residents of the European Union: For residents of the European Union, travel bookings via the Tripadvisor Travel Portal s are made by Hopper Travel (Ireland), Ltd., Mespil Business Centre, Mespil House, Sussex Road, Dublin 4, Ireland (“Hopper Ireland”). If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via the Hopper App(s), you will NOT benefit from rights applying to packages under the Package Holidays and Travel Trade Act 1995. Therefore, Hopper Ireland will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services during the same visit to the Hopper App(s), the travel services will become part of a linked travel arrangement. In that case, Hopper Ireland has, as required by the Package Holidays and Travel Trade Act 1995, protection in place to refund your payments to Hopper Ireland for services not performed because of Hopper Ireland’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
More information on insolvency protection for Hopper Ireland is provided at this link. Hopper Ireland has taken out insolvency protection with International Passenger Protection (IPP). Travelers may contact IPP or, where applicable, the Irish Aviation Authority (IAA), The Times Building, 11-12 D'Olier Street, Dublin 2. D02 T449, email: firstname.lastname@example.org, and telephone number: +353 1 603 1100. if the services are denied because of Hopper Ireland’s insolvency. Note: This insolvency protection does not cover contracts with parties other than Hopper Ireland, which can be performed despite Hopper Ireland’s insolvency.
You can access the Package Holidays and Travel Trade Act 1995 at this link.
For residents of Canada, bookings are made by Hopper (Canada), Inc., a wholly owned-subsidiary of Hopper, Inc., organized under the laws of Alberta, Canada.
For residents of Mexico, bookings are made by Hopper App Travel Mexico, S.A. de R.L., Av. Paseo de la Reforma #403, oficina 806, Cuauhtèmoc, Mexico.
For residents of Colombia, bookings are made by Hopper Colombia SAS, Cra 9 No. 116-06 Piso 17 - Complejo Tierra Firme, Bogotá, Colombia.
For residents of Chile, bookings are made by Hopper Chile, Marchant Pereira 150, Of. 1002, Providencia, Santiago, Chile.
For residents of the United Kingdom, bookings are made by Hopper UK Inc., Ltd., 58-60 Kensington Church St., Kensington, London W8 4DB, U.K.
Your payment may be processed by an affiliated Hopper entity other than the entity responsible for your booking.
7. Intellectual Property
7.1. The Tripadvisor Travel Portal and Hopper Services downloaded or accessed by you pursuant to these Terms, including without limitation all of the text, images, sound, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content contained therein, and all software, source or object code, systems, data, and algorithms embodied in or supporting the Tripadvisor Travel Portal and Hopper Services, or otherwise used to deliver the Tripadvisor Travel Portal and Hopper Services, and all intellectual property rights therein including without limitation patent, copyright, trademark rights (collectively, the “Intellectual Property”), is the sole and exclusive property of either Tripadvisor or Hopper, and/or of third parties provided under license to, or used with permission by, Tripadvisor or Hopper, and is protected under the laws of the United States, Canada, the United Kingdom, the European Union, Singapore or various other national or regional laws. Tripadvisor and Hopper, individually and collectively, as appropriate, reserve all rights in the Intellectual Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Intellectual Property are granted except as expressly provided herein. You are hereby granted a limited, personal, non-exclusive, non-transferrable, non-sublicensable, and revocable right to access, download, and use the Tripadvisor Travel Portal and the Services solely for the purposes expressly authorized by these Terms, provided that you comply with these Terms.
7.2. Hopper Trademarks. The marks “HOPPER,” the bunny and running bunny images, “Carrot Cash” and “Price Freeze,” among other marks, are registered or unregistered trademarks of Hopper, protected under the laws of the United States, Canada, and other countries around the world, and may not be used in connection with any service or products other than those provided by or expressly authorized by Hopper, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hopper. The Tripadvisor Travel Portal and Hopper Services may also incorporate protected trademarks of third parties, and the use of such trademarks does not constitute an affiliation, endorsement or sponsorship of Hopper by any third party.
7.3. Tripadvisor Trademarks. The marks “TRIPADVISOR”, the owl logo, the ratings bubbles and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Tripadvisor LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tripadvisor or the applicable trademark holder. In addition, the look and feel of the Services, including our mobile application, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Tripadvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tripadvisor. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tripadvisor. All rights reserved.
7.4. Third-Party Property. The Tripadvisor Travel Portal and Travel Services feature the trademarks, service marks, images, logos, and data of third parties, including those of third-party travel service partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such Third-Party Property provided or displayed in any App, inures solely to the benefit of their respective owners. Our use of such Third-Party Property does not imply any affiliation or relationship between Hopper, Tripadvisor and the third party nor any endorsement of Hopper, Tripadvisor or the Tripadvisor Travel Portal and Travel Services by such third party.
7.5 Digital Millennium Copyright Act. Hopper and Tripadvisor respect the intellectual property of others. Hopper and Tripadvisor provide and/or operate the Tripadvisor Travel Portal and the Hopper Services on a "notice and takedown" basis. If you have any complaints or objections to photographs, videos, audio recordings, graphics or other forms of content, including user messages posted on the Tripadvisor Travel Portal or in the Travel Services, or if you believe that material or content posted on the Travel Services infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Tripadvisor Copyright Policy and procedure, which shall be applicable to the Travel Services provided by Tripadvisor and/or Hopper. Once this procedure has been followed, Tripadvisor will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
7.6 Feedback. You have no obligation to provide us with ideas, suggestions, recommendations, enhancement requests, testimonials, endorsements, product reviews or information regarding your experience using the Tripadvisor Travel Portal and Travel Services (“Feedback”). However, if you submit Feedback, either directly or indirectly via a third-party review site or a survey initiated by Hopper or Tripadvisor, then you grant to us a non-revocable, non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, reproduce, publicly display, distribute, sell, modify or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
8. Hopper Proprietary Products.
The Hopper Services may include one or more proprietary products for sale, including Hopper Price Freeze™ (for Air, Hotels or Cars), Cancel for any Reason (for Air or Hotels), Leave for any Reason, Flight Disruption Guarantee, and other similar products (“Products”), which aim to increase the flexibility of purchased travel items. The purchase of each Product is subject to Hopper’s specified terms and conditions that will be made available to you prior to purchasing. These Products are NOT regulated financial products such as insurance, and the specified terms and conditions are not offers to insure or an insurance contract, and do not take the place of insurance obtained or obtainable by you.
9. Disclaimer of Warranties.
9.1. The Tripadvisor Travel Portal and Travel Services, including without limitation any price predictions and recommendations, are provided on a “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM, WITH RESPECT TO THE TRIPADVISOR TRAVEL PORTAL, THE TRAVEL SERVICES, AND ALL CONTENT THEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the Tripadvisor Travel Portal and Travel Services will operate error-free or without downtime. We may pause or interrupt the Tripadvisor Travel Portal and Travel Services at any time, and users should expect periodic downtime for updates. We do not warrant or make any representations regarding the use or the results of the Tripadvisor Travel Portal and Travel Services in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including, without limitation, the safety, quality, and/or timing of any travel service purchased from Third-Party Providers via the Tripadvisor Travel Portal or Travel Services. We shall not be liable for delay, damage, or failure in performance resulting from causes beyond our reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications, force majeure, or the actions or omissions of third-parties. All content in the Tripadvisor Travel Portal and Travel Services is provided for informational purposes only. Reliance on any information provided through the Tripadvisor Travel Portal and Travel Services is solely at your own risk, including, without limitation, third-party travel services information, and predictions and recommendations. While unanticipated, errors and bugs may occur in the Tripadvisor Travel Portal and Travel Services from time to time that may impact your booking. This may result in incorrect pricing or other offers. We reserve the right to correct any pricing errors in the Tripadvisor Travel Portal and Travel Services and/or pending reservations made under an incorrect price, and it is in our sole discretion to honor any incorrect pricing error.
9.2. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.
10. Limitations of Liability
10.1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HOPPER OR TRIPADVISOR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE TRIPADVISOR TRAVEL PORTAL AND TRAVEL SERVICES. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, AIR TRAVEL, LODGING, OR OTHER TRAVEL SERVICE OR MATERIAL AVAILABLE ON OR THROUGH THE TRIPADVISOR TRAVEL PORTAL AND TRAVEL SERVICES, OR VIA ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE TRIPADVISOR TRAVEL PORTAL. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE TOTAL LIABILITY OF TRIPADVISOR OR HOPPER TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO HOPPER OR A THIRD-PARTY TRAVEL SERVICE PROVIDER VIA THE SERVICES, IF ANY, OR (B) $1,000 (WHICHEVER IS GREATER). IN NO EVENT SHALL HOPPER OR TRIPADVISOR BE LIABLE FOR ANY FAILURE TO COMPLY WITH THESE TERMS, OR FAILURE TO PROVIDE THE TRIPADVISOR TRAVEL PORTAL AND TRAVEL SERVICES, TO THE EXTENT THAT SUCH FAILURE ARISES FROM FACTORS OUTSIDE THEIR REASONABLE CONTROL.
10.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.3. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION BY EACH PARTY TO CONTRACT WITH THE OTHER. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRIPADVISOR TRAVEL PORTAL AND TRAVEL SERVICES.
10.5. With respect to any unauthorized, fraudulent transaction conducted using your account, absent any violation of these Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your Payment Instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your account, and we may condition our payment of any fraud or unauthorized use reimbursement upon your releasing Hopper and Tripadvisor from any further claims with respect thereto.
10.6. An action or proceeding relating to any claim arising out of the Tripadvisor Travel Portal and Travel Services must commence pursuant to Section 12.1 within the shorter of the applicable statute of limitations or one year after the cause of action has accrued, or it shall be waived.
10.7 THESE TERMS AND THE FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES. IN THE UK AND THE EU, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
10.8 If you are a consumer in the UK or the EU, these Terms do not exclude any liability for losses and damages caused by a breach of any duty to act with reasonable care and skill or by a breach of these Terms, provided that the resulting damages were foreseeable when the obligations arose.
10.9 IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
If you use the Tripadvisor Travel Portal or Travel Services for commercial purposes and/or to make travel bookings on behalf of any third person or party, you agree to indemnify and hold harmless Hopper, Tripadvisor and their respective officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, caused by, arising out of, or related to your use of the Tripadvisor Travel Portal or Travel Services, breach of these Terms, or the use of any products or services purchased via the Tripadvisor Travel Portal or Travel Services.
12. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF RIGHTS
12.1. ARBITRATION AND CLASS ACTION WAIVER. You agree that all claims, disputes, or disagreements that may arise out of the interpretation of or performance under these Terms, any payments to Hopper, or otherwise related in any way to your use of the Tripadvisor Travel Portal and Travel Services and/or the content therein, shall be submitted exclusively to binding arbitration, except that each party retains: (i) the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction; and (ii) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOPPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless all of you and Hopper otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
12.2. Arbitration Rules. Any arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” provision, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer agreement” as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). (The applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this entire “Dispute Resolution” provision.
12.3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Notice%20California%20Consumers.pdf ) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
12.4. Arbitration Location and Procedure. Unless you and Hopper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hopper submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the applicable AAA Rules. Subject to the applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
12.5. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitations of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. Hopper will not seek, and hereby waives, all rights Hopper may have under applicable law to recover attorneys' fees and expenses if we prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the applicable AAA Rules. However, if your claim for damages does not exceed $25,000, Hopper will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.7. Changes. We reserve the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if we change this "Dispute Resolution" section after the date you first accepted the Terms(or accepted any subsequent changes to these Terms), you agree that your continued use of the Tripadvisor Travel Portal and Travel Services after such change will be deemed acceptance of those changes. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Hopper in relation to the Tripadvisor Travel Portal or the Travel Services in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms, as applicable).
13. Additional Terms. These Terms constitute the entire agreement of the parties as to its subject matter, and supersede all prior written and oral representations and discussions between the parties, save as to any Travel Services provided by Tripadvisor where the subject matter is also addressed by the Tripadvisor Terms, Conditions and Notices. The Terms shall be governed by the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws, except as otherwise provided above in Section 12. No delay or omission by Hopper or Tripadvisor in exercising any of its rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. You may not assign any of your rights arising under these Terms without our written consent. Except as provided in Section 12 above (Dispute Resolution), if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. The provisions of these Terms are entered into for the benefit of Hopper, Tripadvisor and you and there shall be no third-party beneficiaries to these Terms. With the exception of the Tripadvisor Terms, Conditions and Notices, in the event of a conflict between these Terms and any other agreement, terms, or policy provided to you, directly or indirectly, by Hopper or Tripadvisor these Terms shall prevail.
You, Hopper and Tripadvisor have agreed that these Terms and all related documents be drawn up in the English language..
15. Updates and Changes.
We may make changes or updates to these Terms at any time, at our discretion. We will provide notice of such changes by publishing an amended version of these Terms within the Tripadvisor Travel Portal, and changes shall be effective upon publication. It is your responsibility to monitor the Tripadvisor Travel Portal regularly for changes to these Terms. You agree that if you do not agree to any such change, you shall immediately stop using the Tripadvisor Travel Portal and Travel Services. Your failure to do so, or continued use of the Tripadvisor Travel Portal or Travel Services, shall constitute agreement to these Terms as so amended, except as provided for under Section 12.7.
Effective Date of these Terms of Service: December 5, 2023.