THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms for any reason—at any time—by posting a new version on Our Application; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Application following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Application in any way, your only recourse is to immediately terminate use of Our Application.
Our Application is a travel search engine. Opaque does not provide, own or control any of the travel services and products that you can access through Our Application, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., hotel) or as an agent (e.g., online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Application is at your own risk; Opaque does not bear any responsibility should anything go wrong with your booking or during your travel.
The display on Our Application of a Travel Product or Travel Provider does not—in any way—imply, suggest, or constitute a recommendation by Opaque of that Travel Product or Travel Provider, or any sponsorship or approval of Opaque by such Travel Provider, or any affiliation between such Travel Provider and Opaque.
Opaque hosts content, including prices, made available by or obtained from Travel Providers. Opaque is in no way responsible for the accuracy, timeliness or completeness of such content. Since Opaque has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Application. Prices change constantly and additional charges (e.g., payment fees, services charges, resort fees, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.
If you make a booking through Our Application for Travel Products, that booking is made with the Travel Provider named on the booking page and Our Application only acts as a user interface. Accordingly, Opaque has no responsibility for the booking or the Travel Product because Opaque has no involvement in creating the description of the Travel Product, in defining the price and any fees (apart from the Opaque Commission, as defined below), or in providing the Travel Products that you book. If you have any issues or disputes with your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us.
Opaque may charge you a fee (the “Commission”) for using Our Application to book a Travel Product through a Travel Provider. This Commission will be charged to the credit or debit card you enter on the checkout page of the Travel Provider, which is shown in a frame within Our Application. You authorize Opaque to collect your credit or debit card information from the checkout page of the Travel Provider when shown within Our Application, for the purposes of charging the Commission. The Commission is charged by Opaque, not by the Travel Provider, and will appear as a separate charge on your credit or debit card statement from any charges from the Travel Provider. The commission will be charged in US Dollars, regardless of the country the booking is made in or the country the Travel Product or Travel Provider is located in.
At our own discretion, Opaque may decide not to charge the Commission for certain Travel Product bookings, or to change the price of the Commission for future bookings.
Full or partial refunds of the Commission are issued at the sole discretion of Opaque, and may be requested by emailing firstname.lastname@example.org.
4. Hidden deal Travel Products
When Our Application attempts to provide a description for a “hidden deal” Travel Product, including but not limited to hotel name, location, review score, star rating, images, amenities, and policies, Opaque makes no representation as to the accuracy of that description. It is possible that the Travel Provider booking page Our Application directs you to may be for a different Travel Product (for example, a different hotel) than what was shown in Our Application. This discrepancy may not be apparent until after you have completed your booking with the Travel Provider, and that booking may be non-refundable. You should satisfy yourself with the description of the hidden deal Travel Product provided on the Travel Provider site before booking. Opaque does not have any responsibility should the Travel Product provided by the Travel Provider be different in any way from what was described in Our Application.
We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Application. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Application must appear on all copies you print. Other non-Opaque product, service, or company designations on Our Application belong to those respective third parties and may be mentioned in Our Application for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Application does not grant you any license or right to use any of the marks included on Our Application.
You may only use and register to become a user of Our Application if you are of sufficient legal age and can enter into binding contracts. If you become a registered user, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Application by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Application), you must promptly change your Personal information that is affected.
If you decide to have messages or other communications from Our Application sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Application on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.
You may only use Our Application to search for legitimate travel deals; you may not use Our Application to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Application, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission from Opaque:
(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of Opaque pages in a search index. Use of any automated system or software to extract data from Our Application (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on Our Application or bypass or circumvent other measures employed to prevent or limit access to Our Application;
(iii) deep-link to any portion of Our Application for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Application or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Application;
(vi) use any feature of Our Application for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
(vii) post or distribute any material on Our Application that violates the rights of any third party or applicable law;
(viii) use Our Application to collect or store personal data about others;
(ix) use Our Application for any commercial purpose; or
(x) transmit any ad or promotional materials on Our Application
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Application.
You further agree not to:
Please report abusive content to email@example.com if you see it.
If you believe any of the content on Our Application violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;”
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Again, we cannot take action unless you give us all the required information.
Our Application, all content and services provided on Our Application are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. Opaque expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Application, your downloading of any content from Our Application or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Application or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Application for reservations or booking); or (iii) the performance or nonperformance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Application or the Intellectual Property.
If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to firstname.lastname@example.org. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims that you assert against Company in accordance with this section (but not for any arbitration claim against you), Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.
The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions, including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.
We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Application and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Application.
To the extent permitted by law, the laws of the State of Delaware (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Application or these Terms, or our services, you agree to file such action only in the state and federal courts located in Wilmington, Delaware (USA); if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Application and/or these Terms, will be resolved individually, without resort to any form of class action.
We encourage you to share your comments and questions with us at email@example.com, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Opaque products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Opaque. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
Google Play and the Google Play logo are trademarks of Google LLC. Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
Last updated: December 7, 2019