ABOUT AGODA

These Terms of Use apply to your use of Agoda’s Site and the services offered through it. Your use of the
Site indicates your acceptance of the Terms of Use, including the polices incorporated into them by
reference. If you do not accept the Terms of Use, you must not use the Site or the services.

FOR U.S. CUSTOMERS ONLY: These Terms of Use include an agreement to mandatory
arbitration, which means that you agree to submit any dispute related to this site, the use of our
services, or these terms to binding arbitration rather than proceeding in court. You may opt-out of
this mandatory arbitration agreement only by following the procedures below. These terms also
include a jury waiver.

The following definitions apply in the Terms of Use:

Agoda means Agoda Company Pte. Ltd., a Singapore company with its registered address at 30 Cecil
Street, #19-08 Prudential Tower, Singapore 049712

Related Companies means Agoda Services Co., Ltd., Agoda International Pte. Ltd. operating in the
United Kingdom, Agoda International (Hong Kong) Ltd., Agoda International Hungary Kft., Agoda
International Japan KK, Agoda International (Malaysia) Sdn. Bhd., Agoda International Philippines
Corporation, Agoda International USA LLC, or Quantum Growth Network Information Technology
(Shanghai) Co., Ltd.

Site means the websites and applications owned or otherwise operated by Agoda

The Terms of Use incorporate various policies, including those listed below. The policies may apply to
specific Services or programs offered by Agoda.

Privacy Policy, Shop Safe Policy, Agoda Price Guarantee, Reservation Guarantee, Cancellation Policy,
Refund Policy, AgodaCash Terms , Agoda Cashback Rewards Programs, Guest Review Guidelines,
FAQs

Agoda may amend the Terms of Use from time-to-time by publishing changes on the site.

The Terms of Use of constitute the entire agreement between you, Agoda, and Related Companies, and
supersede any previous agreement or understanding.

1. Scope of our Services

A. Accommodation Reservation Facilitation

Through the Site, Agoda provides an online platform through which you can browse different types of
lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced
apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the “Accommodation(s)”) and
request to make reservations with such Accommodations, including already making payment for such
reservations of Accommodations in advance with a credit card, debit card, e-wallet, or such other
payment method to facilitate the processing of such payment (“Payment Instrument”). By making a
booking through the Site for the Accommodation, you make an offer to book a reservation at the price
listed for such reservation and such other terms and conditions stated on the Site. This shall become a
binding contract formed in Singapore pursuant to the Terms of Use when accepted by the
Accommodation and consequently Agoda. You will receive proof of the confirmed Accommodation
booking via an e-mail confirmation (with a voucher for prepaid Accommodations),which means the
reservation has been confirmed by the Accommodation. The “thank you page” means your reservation
request has been received and is complete for final processing, no further action is required by you. We
reserve the right to reject bookings as set out below.

When rendering our services, the information that we disclose about Accommodations is based on the
information provided to us by our suppliers or providers (including but not necessarily limited to the
Accommodations, their representatives, distributors, destination management companies (DMCs),
channel managers, partners, etc.). As such, the Accommodations or their representatives are given
access to an extranet or other connectivity solution through which they are fully responsible for updating
all rates, availability, description, pictures, booking conditions, accommodation policies and other
information which is displayed on the Site. Although we will use commercially reasonable skill and care in
performing our services we will not verify if, and cannot guarantee that, all information is accurate,
complete, correct or up to date, nor can we be held responsible for any errors (including manifest and
typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair,
upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or
non-delivery of information. Each Accommodation remains responsible at all times for the accuracy,
completeness and correctness of the Accommodation information displayed on the Site. Changes in
market conditions or circumstances may occur on short notice which may make information displayed on
the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially
reasonable efforts to assist you and serve as a point of contact with the Accommodation. Please note that
Agoda is one of many channels Accommodations use to make their inventory available for reservation.
When a search result indicates that a particular Accommodation has no more rooms available, that
means the room type is not available for reservation through Agoda.

The Site does not constitute and should not be regarded as a recommendation or endorsement of (the
quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim
any representation, warranty or undertaking in relation to the quality, status or adequacy of any
Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different
criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be
updated or amended from time to time, and which takes into account different factors including but not
necessarily limited to availability, promotions and rates, historical popularity, money earned by Agoda,
conversion (the ratio of reservations made to Site visits), sales of room nights, cancellations, quality of
content, guest review scores, star ratings etc. Agoda currently has a “Preferred Partner” program whereby
certain selected Accommodations have the opportunity to improve their visibility on the Site. Such
Preferred Partner listings will be marked or contain wording for clarity. Under certain circumstances,
Agoda may also offer Accommodations the option of sponsored listings, i.e. to pay for a top spot. Such
sponsored listings will be marked or contain wording for clarity.

To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel
bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you
provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but
are not limited to: Accommodation or Partner request(s), actual or suspected reselling of
Accommodations booked through the Site on an individual or mass basis without our prior written
approval (“Reselling”), breach of the Terms of Use, force majeure events, trade or economic sanctions,
embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious
bookings, submission by you of misleading or erroneous information, Payment Instrument problems,
inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles,
communication problems, obvious errors (see below), history, blacklisting by governments or international
organizations (USA, EU, UN, Singapore), etc. If your booking is rejected or cancelled by Agoda and a
payment has already been made, you will receive a refund of the total booking value, (except in the case
of unauthorized Reselling or in any other appropriate case such as unauthorized use of the Site or there
is an inappropriate manner in the use of the Site, and such use is harmful to us for which the refund of the
total booking value or any part thereof is not justifiable). Refunds will not be issued in the event of
unauthorized Reselling due to many negative factors including the disadvantage such practice imposes
on our authorized and contracted affiliate partners, Accommodations who provide Agoda with inventory
on a contracted and trusted basis and the loss and negative brand impact caused to Agoda due to
unauthorized Resellers attempting to undercut Agoda’s business which may include placing the resold
inventory on sites run by competitors of Agoda without our knowledge. We also reserve the right to bar
(“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such
blacklisted user must not attempt to use the Site under any other name or through any other user. See
also the section below under the heading Payment - Credit Card – “Book Now, Pay Later” – Age –
Fraud for more information about our fraud prevention mechanisms.

In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious
errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g.
in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your
booking is affected by an obvious error, we will notify you by email at the address you provided when you
made the booking and will adjust the booking or awarded points as appropriate, and will, if relevant,
refund some or all of the amount charged.

Please note that suspected group bookings can also be rejected or cancelled by Agoda or the
Accommodation as most Accommodations have specific procedures for group bookings. Contact our
Customer Service team for more information.

Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs
can affect the quality of your stay. Be sure to let the Accommodation know any special requests or
requirements you have at check-in.

A word about star ratings

The Accommodation star, other denoted ratings, or any reference on the Site to a rating on the Site
(“Accommodation Ratings”) are provided for your information only and are only provided in relation to
the Accommodation. The Accommodation Ratings are based on information we have received from our
suppliers, including the Accommodations, and may take into account the Accommodation’s facilities,
rates, reviews, and services. Accommodation Ratings are unrelated to any other ratings assigned by
government tourism authorities. We do not independently verify star ratings. A star rating is only indicative
of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating
generally being indicative of a higher level of comfort and amenities. For more detailed information,
please check the detailed description on the Site. Please be aware that star ratings can vary greatly on
the basis of location, available alternatives, local market conditions, practices or other circumstances.
Thus, it is possible that a star rating in one particular country or city is not comparable to the same star
rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the
amenities or services that might be available at an Accommodation, and some amenities and features
may not be available in every room or at every property with a particular star rating. If there are particular
amenities or features that are important to you, please contact our Customer Service and inquire as to the
availability of such amenities or features.

Ratings and reviews for Ancillary Services are not covered by this section and are addressed in B. Other
Ancillary Services below.
B. Other Ancillary Services

Agoda provides an online platform through which you can browse other services, including but not
necessarily limited to flights, attractions and rental cars, (“Ancillary Services”) and make reservations for
such Ancillary Services. Although the Agoda Site provides the platform for which you can browse and
make reservations for these Ancillary Services, the Ancillary Services are provided by third parties, Agoda
associated companies or partners (“Partners”), which have been selected by Agoda. For example, flight
display, search and reservation services on the Agoda Site are currently provided by Booking Holdings
Inc. companies KAYAK or priceline.com and their respective suppliers. The identity of each of our
Partners will be displayed on the Site when browsing the Ancillary Services and a link provided to the
Partner’s terms and conditions of use and/or privacy policy, which will govern the relationship between
you and our Partner for the relevant Ancillary Service reservation. We may be paid a fee or commission if
you make a reservation for Ancillary Services.

By making a booking through the Site for the Ancillary Services, you make an offer to book a reservation
(e.g. for flights or a rental car) at the price listed for such reservation on the Site, and on such other terms
and conditions notified to you by the Partner from time to time, which shall become a binding contract
when your reservation is accepted by the Partner. The Partner will indicate the acceptance of your
Ancillary Service booking via an e-mail confirmation to you. The Partner reserves the right to reject
bookings as set out in their terms and conditions. We also reserve the right to reject your booking for
Ancillary Services in accordance with these terms of use.

We may display ratings for and reviews of Ancillary Services for your information only. These are provided
by the relevant Partner, which is responsible for the content of the ratings and reviews. The ratings and
rankings are subject to and governed by the Partner’s terms and conditions.

2. Use of the Site

Agoda also works with other companies, including Booking.com B.V., to offer reservations options in
Accommodations worldwide to guests. In some cases, you will receive a confirmation referring to such
other companies. Agoda may also offer the option to book Ancillary Services (flights, rental cars) in
cooperation with selected Partners as described above.

Agoda grants you a limited, restricted, personal, non-transferable, non-sublicensable, revocable license to
access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license,
we do not grant you any other rights or license with respect to the Site; any rights or licenses not
expressly granted herein are reserved. The content and information on the Site, as well as the software
and infrastructure used to provide such content and information, is proprietary to Agoda or its suppliers
and providers, including the Accommodations and Ancillary Services. You may only use the Site to make
bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative,
false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the
payment details you provide us with in making a booking are fully correct. You also undertake to provide
correct and accurate e-mail, postal and/or other contact details to Agoda and acknowledge that Agoda
may use these details to contact you in the event that this should prove necessary. Please also consult
our Privacy Policy.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information
for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful
or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In
addition, you agree not to:

● use the Site or its contents for any non-authorized commercial purpose (e.g. forward
distribution or resale of bookings without permission);
● make any speculative, false, or fraudulent booking;
● access, monitor or copy any content or information of the Site using any robot, spider,
scraper or other automated means or any manual process for any purpose without our
express prior written permission;
● violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent
other measures employed to prevent or limit access to the Site;
● take any action that imposes, or may impose, in our discretion, an unreasonable or
disproportionately large load on our infrastructure;
● deep-link to any portion of the Site (including, without limitation, purchase paths) for any
purpose without our express prior written permission;
● re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any
content or information, software, products or services available on the Site for any
commercial or competitive activity or purpose;
● "frame", "mirror" or otherwise incorporate any part of the Site into any other website
without our prior written authorization;
● deliver any unlawful (according to any and all applicable laws or regulations) postings to or
through the Site, or any postings which advocate illegal activity;
● deliver, or provide links to, any postings containing material that could be considered
harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist,
discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise
objectionable;
● deliver or provide links to, any postings containing defamatory, slanderous, false or
libelous material;
● deliver any posting that infringes or violates any intellectual property or other right of any
entity or person, including, without limitation, copyrights, patents, trademarks, laws
governing trade secrets, rights to privacy, or publicity;
● deliver any posting that you do not have a right to make available under law or contractual
or fiduciary relationships;
● impersonate another person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to
mislead, deceive, or defraud another;
● manipulate identifiers, including by forging headers, in order to disguise the origin of any
posting that you deliver;
● use the Site in any manner which could damage, disable, overburden, or impair or
otherwise interfere with the use of the Site or other users' computer equipment, or cause
damage, disruption or limit the functioning of any software, hardware, or
telecommunications equipment;
● attempt to gain unauthorized access to the Site, any related website, other accounts,
computer system, or networks connected to the Site, through hacking, password mining, or
any other means;
● obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Site, including harvesting or otherwise collecting
information about others such as email addresses;
 ● engage in any deceptive practices intended to manipulate the organic Search Engine
Results Page (SERP) or employ search engine optimization (“SEO”) techniques
considered to be against common search engine guidelines. SEO practices considered
unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking,
meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing,
hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment
spam, etc.;
● do anything else which could cause damage to the Site, Agoda, Related Companies, and
each oftheir employees and reputations, or would otherwise have a negative impact; or
● aid or abet any of the above.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of
the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of
the Site in an email for commercial purposes without the express written permission of Agoda.

By making a reservation on the Site, you represent and warrant that you are not covered by any
international sanction program.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by
your country of residence.

Agoda may use proprietary or third party technology (e.g. Google reCAPTCHA v3) on pages of its Site to
keep the Site safe from malicious attackers or anyone who abuses the Site.

3. Prices, Agoda Price Guarantee, Additional Charges, Taxes and Fees, Agoda exchange rates

Please note that, unless expressly indicated otherwise, all prices on the Site are for room
reservations only, for the specified stay dates and number of people. Without prejudice to what is
set out below, before you confirm a reservation, Agoda will display the total price payable,
including taxes and service fees, and what is included. As you select options or specify additional
details, we will update the total price.

A. Prices and Best Price Guarantee for Accommodations

We strive to have the most competitive prices and we want you to pay the lowest price possible for your
stay at an Accommodation. Should you find your Accommodation room reservation, with the same
booking conditions, at a lower price on the Internet after you have made a booking through us, we will
match the difference between our price and the lower price under the terms and conditions of the Best
Price Guarantee. For a claim to be valid under this guarantee, it must satisfy and be submitted in
compliance with all relevant terms and conditions of our Best Price Guarantee.

Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same
room type, however, these rates made by Accommodations may carry special restrictions and conditions,
for example in respect of cancellation and refund. Please check the room type and rate details thoroughly
for any such conditions prior to making your reservation. The same room type may have different rates,
depending on such restrictions and conditions (see also section 6 below).

The Best Price Guarantee does not apply to Ancillary Services provided on the Site.
B. Additional Charges by Accommodations

In addition to the reservation prices, some Accommodations will charge mandatory service fees,
surcharges, and local taxes (for example, resort or amenity fees, transportation transfers, and city tourist
tax). If we are aware of these service fees and local taxes, we will display them with your reservation
price. These service fees and local taxes may be collected directly from you by the Accommodation, in
addition to the price you pay for your reservation.

Standard room reservations are for single or double occupancy. Extra guests or beds will usually incur
extra charges. An Accommodation may refuse to allow additional guests to stay in a room – you must
specify the correct number of persons, including children who will occupy each room you reserve.

You will incur additional charges at the Accommodation for all services and products you use that are not
included in the reservation price as expressly described by the booking conditions. Charges for amenities
you use and products you consume during your stay (for example, parking, internet access, food and
drink) are not included in the reservation price unless specified.

During special events and periods, some Accommodations require each guest to purchase additional
services (for example, a dinner on New Year’s Eve). If we are aware of a required additional service you
must purchase, we will display it in the booking conditions or with your reservation price.

To travel to Accommodations in some locations (for example, islands in the Maldives), all guests must
arrange transportation transfers in advance for an additional fee. Some Accommodations require Agoda
to collect payment for the transfer when a reservation is made. We will show these additional transfer fees
with your total price. Agoda does not control or operate transfers, and is not responsible for the quality,
safety, frequency, or service levels of the transportation.

If you are unsure or concerned about additional charges, please verify with the Accommodation or
Customer Service which extra fees (if any) are payable in addition to your reservation.

C. Additional Charges for Ancillary Services

Please note that all prices on the Site for Ancillary Services are set by our Partners, unless otherwise
indicated. Please refer to the appropriate Partner’s terms and conditions for any additional charges that
may be applicable to your reservation (for example, airport tax).

Your reservation for, and any Ancillary Services you purchase, do not include insurance, unless expressly
stated to include insurance.

D. Currency Conversion

The prices shown in Agoda listings are based on rates set by the properties in their Property Currency.
You may choose to view listing prices in the Property Currency or a different Display Currency. If your
payment card or account supports it, we may give you the option to select the Charge Currency before
you pay for your booking.

Definitions
● Account Currency means the default currency of the payment card or account you use to
pay for a booking.
● Charge Currency means the currency in which you are charged for a booking.
● Display Currency means the currency in which you choose to view prices on our Site.
 ● Property Currency means the currency in which the property or service provider sets the
rates for their listings of accommodations or services on our Site and wishes to receive
funds from Agoda. By default, the Property Currency is the official currency in the territory
where the property or service is located.
● Indicated Rate – Bloomberg Generic Composite Rate mid-rate on the current day.
● Daily Adjusted Rate – Bloomberg Generic Composite Rate on the day payment is
processed plus a 5% currency conversion charge.

Account provider rates

If your Charge Currency is different from your payment account currency, your account provider will
determine the exchange rate to use when the transaction is applied to your account. Your account
provider may offer a higher or lower rate than Agoda, and may charge you additional fees for a foreign
transaction. Agoda does not control or benefit from your account provider’s exchange rate or fees.

Agoda rates

If your Charge Currency is the same as your Account Currency, but different from either the Property
Currency or your Display Currency, Agoda will use our Indicated Rate or Daily Adjusted Rate to convert
prices. The applicable rate will depend on choices you select when viewing listings and making a booking,
as described below.

Converted currency prices are indicative

If you choose a Display Currency that is different from the Property Currency, Agoda will display indicative
prices converted using our Indicated Rate. The converted Display Currency price is a preliminary estimate
of the price in your Display Currency - it is not firm or binding. The converted price in the Display Currency
is provided for your convenience, to allow you to compare different rates, packages, and conditions in the
currency you prefer to use.

Because room prices are set by properties in the Property Currency, the amount you pay for a booking
will depend on three variables:

● the Charge Currency ;

● whether your booking is Pay Now, Book Now Pay Later, or Pay at Hotel;
● the exchange rate between the Charge Currency and the Property Currency on the day we
process your payment.

Pay Now bookings

If you change the Charge Currency , we will update your total price to show the amount we will process to
your payment account. We can do this because we know the exchange rate at that time. If you choose a
Charge Currency that is different from the Display Currency, Agoda will use the Daily Adjusted Rate to
convert the amount. For all other Pay Now transactions, we will use our Indicated Rate to convert
currencies.

Book Now Pay Later bookings

If your Charge Currency is different from the Property Currency or Display Currency, Agoda will use our
Daily Adjusted Rate on your payment date to convert the Property Currency price to your Charge
Currency. If you change your Charge Currency , we will show you the price in the Property Currency that
will be used to determine the total charge on your payment date and the estimated converted price that
you will be charged based on the current Daily Adjusted Rate. We do this because we do not know what
the actual exchange rate will be on your payment date.

Pay at Hotel bookings

When you make a Pay at Hotel booking, we will update your total price to show the amount you will pay in
the Property Currency. You will pay the Property directly, in the Property Currency or any other currency
the Property agrees to accept. If you pay in a different currency, or with a payment account that uses a
different currency, the actual amount you pay will depend on the exchange rate(s) used by the Property
and your payment providers. These factors are outside of Agoda’s control.

A Word on Charges for Taxes and Fees

In connection with facilitating your Accommodation transaction, the charge to your Payment Instrument
may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. In relation to
Accommodations, this charge includes an estimated amount to recover the amount Agoda pays to the
Accommodation in connection with your reservation for taxes owed by the Accommodation including,
without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other
similar taxes. In certain locations, the tax amount may also include government-imposed service fees or
other fees not paid directly to the taxing authorities but required by law to be collected by the
Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes
may vary from the amount we estimate and include in the charge to you. The balance of the charge for
Taxes and Fees, if any, is a fee Agoda retains as part of the compensation for our services and to cover
the costs of your reservation, including, for example, customer service costs. If the balance is negative,
Agoda will absorb such difference. The charge for Taxes and Fees varies based on a number of factors
including, without limitation, the amount Agoda pays the Accommodation and the location of the
Accommodation where you will be staying, and may include profit that Agoda retains.

Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed and Agoda
pays over such amounts directly to the vendors. Agoda is not a co-vendor associated with the vendors
with whom we book or reserve your travel arrangements. Taxability and the appropriate tax rate and the
type of applicable taxes vary greatly by location.

For transactions involving Accommodations located within certain jurisdictions, the charge to your
Payment Instrument for Taxes and Fees includes a payment of tax that Agoda is required to collect and
remit to the jurisdiction for tax owed on amounts Agoda retains as compensation for services.

For reservations where you need to pay at the Accommodation, the price may or may not include taxes
and fees. Please verify the booking conditions and your confirmation mail or voucher or contact our
Customer Service team.

In some locations, Accommodations may be required by local law to charge and collect city, bed, tourist
occupancy or equivalent taxes directly.

Taxes and fees for Ancillary Services you may purchase are described out in our Partner’s terms and
conditions.

4. Privacy

We respect your privacy. Please have a look at our Privacy Policy for further information.
5. Payment - Credit Card – “Book Now, Pay Later” – Age - Fraud

For pre-paid Accommodation bookings with Agoda, you authorize us to collect and process (including the
collection and processing through a third party) your information required by processing service providers
or the financial institution that issues your Payment Instrument such as a credit or debit card in order to
verify your identity. Personal information collected about you and that may be shared to such third parties
(including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.

To complete payment for such pre-paid Accommodation bookings, you authorize Agoda or Related
Companies to charge or debit your Payment Instrument for the full price (sometimes without any option
for refund depending on the Accommodation’s booking conditions, see below) upon reservation and
confirmation of the booking or, in case of a “Book Now, Pay Later” booking, at the future point in time
communicated in the confirmation email. When using “Book Now, Pay Later”, please ensure that your
Payment Instrument is valid and has sufficient credit on the future payment date. If the Payment
Instrument cannot be charged on such date for whatever reason, the booking will be cancelled unless you
can ensure that the card payment can be authorized on time. Please check the reservation details
thoroughly for any such conditions prior to making your reservation. Agoda or Related Companies will
process refunds, if and when applicable, within a reasonable timeframe.You also authorize the crediting to
your Payment Instrument in case of reversals, refunds, or adjustments through the service which
facilitates the processing of payment transactions. For certain Accommodations, Agoda will not charge
your Payment Instrument, as you will pay the Accommodation directly for your stay (post-paid). However,
in such cases some Accommodations may pre-authorize your card, charge a deposit or charge the full
price of the reservation up-front. Accommodations may require credit card details in order to guarantee
your reservation. As such, Agoda will send your Payment Instrument information directly to the
Accommodation at which your booking is made and may verify (i.e. pre-authorize) your Payment
Instrument as well. In order to safeguard and encrypt your Payment Instrument information when in transit
to us, we use the "Secure Socket Layer (SSL)" technology for our services. Please note that your bank
may impose additional fees on the transaction.

Certain Payment Instrument companies charge their member banks a fee for processing "foreign
transactions". If you make card transactions and the recipient uses a bank located in a different country
other than the bank which issued your card, an international service assessment, cross-border
transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you
(the card user). Please contact your issuing bank for details as this is outside the control of Agoda .

In the event of Payment Instrument fraud or unauthorized use of your Payment Instrument by third
parties, you should contact your bank or card issuer immediately upon becoming aware of such
unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Agoda, please
contact our Customer Service team immediately.

In order to make a booking you must be over 18 years old (or such other age at which majority is reached
in your country or territory) and have the full legal capacity to make the transaction (or have the
authorization to do so from your legal guardian). You undertake that the Payment Instrument you are
using is your own or that you are authorized to complete the booking with this Payment Instrument and
that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all
transactions made under your name or account.

You undertake that the details you provide us with in making a booking are fully correct. Agoda reserves
the right not to accept certain Payment Instruments. Agoda may add or remove other payment methods
at its discretion. For increased convenience, Agoda now also offers the option to have your Payment
Instrument details securely stored on file. If you choose to store a credit or debit card with Agoda, we may
not ask you for the Card Verification Value or security code the next time you use it to make a booking.
For more details, have a look at our Privacy Policy.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require
additional information or verifications to validate and confirm the booking, as explained in more detail on
the Site. A small verification charge or pre-authorization may also be made to your card, also when using
"Book Now Pay Later". The balance will be charged after confirmation or, in case of "Book Now Pay
Later", on the future payment date (see the comment above about the possibility of cancellation in case
the card cannot be charged on that date for whatever reason). Reservations are not confirmed until you
have received a confirmation email with a voucher and it is possible that an Accommodation or Ancillary
Service could become fully booked during the fraud check, in which case the reservation will no longer be
available. Agoda can never be held liable in such cases. Additional information submitted will be treated
in line with strict industry standards to protect privacy, using encryption for transmission and specialized
agents for verification. If you choose not to submit the additional information or if we are not satisfied with
the information received, the booking will be cancelled because it is incomplete and any amounts charged
(including the verification charge where applicable) will be refunded.

A word about Instalments

In certain jurisdictions, Agoda supports payment by instalments (“Instalments” or “Deferred Payments”).

This service is not provided by Agoda but by a third party (“Instalment Facilitator”). If you desire to pay
in Instalments, you will need to agree to the terms and conditions of the instalment payment structure of
Instalment Facilitator and/or to an additional payment agreement with Agoda made available at the
Instalment Facilitator’s website. If you do not meet the requirements or you do not meet the terms and
conditions of the Instalment Facilitator, the instalment feature will not be available to you. If you are in
breach of the terms and conditions of the Instalment Facilitator, you will be subject to the consequences
stipulated by the Instalment Facilitator’s terms and conditions. Agoda reserves the right to cancel your
booking, when you are in breach of Instalment Facilitator’s terms and conditions. You agree to pay and be
solely liable for the full amount of the booking amount and you agree that Agoda has the right to assign
the booking amount payable by you to the Instalment Facilitator and/or its factors.

A word about failed payments

For a variety of reasons, payment on the Site may fail. In such cases, Agoda will offer you alternatives, if
available, to ensure your reservation can go ahead. If you have any questions, please contact our
Customer Service department.

6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific
Accommodation Policies - Special Needs – additional Agoda services or products

By making an Accommodation reservation on our Site, you accept and agree to the relevant
Accommodation booking conditions, including cancellation and no-show policies applicable to that
booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to
your reservation or during your stay, including for services rendered and/or products offered by the
Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the
relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made
available on the Site at the Accommodation information pages or under “Booking Conditions”,
“Cancellation Policies” or the like, and in the confirmation email and voucher. Please note that you may be
charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy,
in some cases for the entire stay or the first night. We recommend that you read the cancellation and
no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to
your Accommodation on time on the day of your reservation and do not alert the Accommodation, the
remaining portion of your reservation may be canceled and you may not be entitled to a refund,
depending on the terms and conditions of the applicable Accommodation. Regardless of the
Accommodation’s cancellation policy, Agoda reserves the right to charge a cancellation fee, this will be
indicated on the Site. Please carefully check the Accommodation details thoroughly for any such
conditions prior to making your reservation. Some Accommodations will charge extra for early or late
check-outs.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow
the instructions therein, use our self-service tool or contact Customer Service.

Many Accommodations have specific policies around children, accompanying travelers and/or traveling
with pets. As indicated above, you are strongly advised to check with Customer Service, the
Accommodation itself or to verify the Accommodation policies.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer
Service or the Accommodation and verify that special needs can be met. Please note that all special
requests are subject to availability and are not guaranteed by Agoda. Depending on the policy of the
applicable Accommodation, your reservation will be refunded, canceled or modified if special needs
cannot be met. If available, your request will be confirmed upon arrival. Agoda will not be liable to you for
any damages or costs that you suffer if the Accommodation does not meet your special needs.

A word about Agoda Price Alerts

You may elect to set Agoda “Price Alerts” on Accommodations found on our Site. If elected, we will send
you a Price Alert when prices at your selected Accommodation(s) and for the indicated time frame on our
Site change. Price Alerts will not be specific to a type of room or other features relating to an
Accommodation (e.g. breakfast included, full board, type of bed). A maximum of one Price Alert per
Accommodation per day will be sent to you. Sending a Price Alert will only be triggered if the
Accommodation price changes beyond a "materiality" threshold we set. The type of Price Alert sent to you
will depend on the medium you use, that is by email if your chosen Site is the Agoda website or by push
notification if your chosen Site is our Agoda app. You are responsible for updating your Price Alert
settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for
the selected Accommodation or another Accommodation for the indicated time period until you change
your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have
made regarding receiving communications from us. Additionally, we will of course provide you with the
ability to opt out of receiving Price Alerts at any time by clicking on the “turn off price alerts” or a similar
message found in the Price Alert sent to you. For more information on this, please see our Privacy Policy.

A word about Agoda’s Secret Deals

Through its “Secret Deals” program, Agoda is frequently able to offer quality Accommodation rooms at
very attractive rates, which means you can enjoy great savings on quality accommodation at selected
properties worldwide, from luxurious five-star to charming boutique hotels. For various reasons, the
Accommodations participating in this program prefer to stay anonymous until the booking is confirmed
and paid.

Secret Deals are indicated with a specific logo and you can browse and consult key information about
these properties (general area, description, facilities) prior to making a reservation, but you will not know
which property it is. Upon completion of your reservation, the property name, location and contact details
will be revealed. To ensure that Agoda can continue to offer these special rates on a regular basis, Secret
Deal bookings are non-cancellable and non-refundable.

A word about PointsMAX

Through its “PointsMAX” program, Agoda is offering you the opportunity to collect points with certain third
party loyalty programs (e.g. miles programs from airlines). For certain Accommodations, you will be able
to select a third party loyalty program from the PointsMAX menu to view offers, next to our usual room
offering. If available, you will be offered the choice of a PointsMAX booking that will incur points with your
selected third party loyalty program. The points you are earning and the program name are reconfirmed
on your booking form and the thank you confirmation message you will receive after making a PointsMAX
booking. Points will be posted directly on your third-party program account within 2 to 8 weeks after your
check-out date. For the avoidance of doubt, the PointsMAX program does not apply to Ancillary Services
provided on the Site.

Some important notes on all PointsMAX bookings:

● The membership ID of the intended beneficiary of the third party points must belong to the
guest staying at the hotel (identified by the lead guest name);
● The rates for PointsMAX bookings may be different from regular bookings at the same
conditions;
● PointsMAX booking rates cannot be broken down into a room rate and points component;
● Any applicable cancellation policy will apply in full to the PointsMAX bookings;
● Only reward points or miles can be collected, not status points or points;
● Cancelled reservations will not earn points, regardless of the financial cancellations
conditions;
● Points cannot be exchanged in cash and are not cumulative with other offers;
● The Agoda price guarantee does not apply to PointsMAX bookings; and
● The terms and conditions of the third party loyalty programs will apply to such program.

A word about Promotions

Agoda may offer promotional rates, vouchers, promocodes, discounts, and special offers (“Promotions” )
from time to time. Unless expressly stated otherwise, Promotions may not be combined and are subject to
rules and special terms and conditions that may be in addition to the Agoda Terms of Use.
A word about Agoda Reception

Available at selected properties only, Agoda may enroll you in its “Agoda Reception” program, where
through the Agoda App you will be able to view a list of your charges, checkout (if the relevant property
allows) and receive notifications relevant to, and through the course of your stay at a property booked
through Agoda. You will be notified of enrollment into the Agoda Reception program on the Agoda
booking confirmation for the relevant property. Initially, enrollment into the Agoda Reception program will
be free of charge and you will able to opt out of the Agoda Reception program at designated point(s) of
your stay. Charges incurred at the property during your stay and that you will be able to view via Agoda
Reception may include room service, spa treatments, restaurant/(mini)bar, extra beds, extra stays,
telephone, internet, pay-per-view, business center and other charges that you may incur during your stay.
Such charges can be viewed via Agoda Reception and will be updated as you progress in your stay. All
charges viewable via Agoda Reception are charges incurred at, charged by, and payable to the relevant
property and no charges viewable via Agoda Reception will be payable to Agoda. Further, at the end of
your stay, you will be able to view a list of charges incurred at the property that you will be able to email to
your designated email address. Please note that the list of charges generated on Agoda Reception is not,
and cannot be construed as a tax invoice – the relevant tax invoice can only be issued by the relevant
property directly. Charges will in most cases, be charged to your Payment Instrument of choice either to
the Payment Instrument that you may have on file with Agoda when you made the booking through
Agoda, or the Payment Instrument that you may supply to the relevant property when you check in or
check out. For more information about the limited and secure sharing of your Payment Instrument data by
Agoda to the relevant property booked by you, please see our Privacy Policy.

Any disputes or issues that you may have on the charges viewable via Agoda Reception must be taken
up by you with the relevant property directly and Agoda disclaims any risk or responsibility for such
charges incurred by you with the relevant property. In using and being enrolled in the Agoda Reception
program, Agoda makes no warranties or representations of any kind including but not limited to
merchantability, suitability or fitness for a particular use, nor does Agoda warrant or represent that the
Agoda Reception program is or will be always available, accurate, reliable or free of any defects. By
participating in the Agoda Reception program, you participate at your own risk.

7. Intellectual Property Rights - Trademark Notice

The mark “Agoda”, as well as certain local language transliterations thereof is a registered trademark of or
licensed to Agoda and/or its affiliated companies in many countries worldwide, including but not limited to
the USA, the EU, Canada, Singapore, Thailand, Japan, China, India, Malaysia, Australia, Russia, Korea,
Indonesia, the UAE, Switzerland, etc. Other product and company names identified on the Site may be
the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Agoda,
its licensor or associated companies or a third party. The use on the Site of any name, trade name,
trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any
third-party, and the availability of specific goods or services from such third-party through the Site, should
not be construed as an endorsement or sponsorship of the Site by any such third-party, or the
participation by such third-party in the offering of goods, services or information through the Site. Agoda
owns the copyright to the Site. You may not use the Agoda intellectual property without our consent.

The Site contains copyright material, trade names and other proprietary information, including, but not
limited to, text, software, photos, graphics and may in future include video, graphics, music and sound.
The entire contents of the Site are protected by copyright law. We, and our licensors, own copyright
and/or database right in the selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale
of, create derivative works, or in any way exploit, any of the content, in whole or in part except as
provided in the Terms of Use.

Unless stated otherwise, the software required for our services or available at or used by the Site and the
intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the
contents and information and material on the Site are owned by Agoda, its affiliated or associated
companies, licensors, suppliers (including the Accommodations) or providers. Agoda does not assume
any liability for copyrighted materials provided by third parties or any intellectual property right
infringements by such third parties.

You may use information from the Site for your own personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without our express permission and that of the
copyright owner. In the event of any permitted copying, redistribution or publication of copyright material,
no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading copyright material.

We may provide hypertext links to other sites which are operated by other people. Using such a link, you
acknowledge leaving the Site and proceeding at your own responsibility.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you or your agent (the
“complainant”) may send us a written notice that includes the following information:

1. the name and address of the complainant;

2. where the complainant is not the copyright owner or exclusive licensee, the name and address of the
copyright owner or exclusive licensee;

3. where the complainant is not resident in Singapore, the complainant’s address for service in Singapore;

4. a telephone number, a facsimile number (if any) and an electronic mail address at which the
complainant can be contacted;

5. sufficient particulars to enable us to identify the copyrighted work allegedly infringed;

6. sufficient particulars to enable us to identify and locate the allegedly infringing electronic copy, including
the online location of the electronic copy;

7. a statement that the complainant requires us to remove or disable access to the electronic copy;

8. a statement that the complainant believes in good faith that the electronic copy infringes the copyright
in the work identified in paragraph 5 above;

9. a statement that the information in the notice is accurate;

10. a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work
identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee;
and

11. a statement that the complainant submits to the jurisdiction of the courts in Singapore for the purposes
of proceedings under relevant provisions in the Singapore Copyright Act.

The notice must be signed by the complainant and sent to us by registered mail to the address mentioned
under Section 12, c/o Legal Department – Copyright Claims.

We will review and address all notices that comply with the requirements above in accordance with
applicable law.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be
guilty of an offence or liable for damages if you make a false claim of copyright infringement.

8. Reviews – Further correspondence - Rights to User Content – Other services

By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an
invitation email to complete our guest review form which we will promptly send to you after your stay at
the Accommodation, followed by one or more reminders. Completion is optional. For clarity, the
confirmation and guest review communications (emails, SMS) are transactional and are not part of the
newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details).
For Ancillary Services, the Partner providing the Ancillary Service may invite you to complete a review
regarding the Ancillary Services provided. The completed Agoda guest review (including attachments, if
any) may be uploaded onto the relevant information page on the Site for the sole purpose of informing
(future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a
review and submitting content with it such as pictures, you grant Agoda the full, perpetual, free,
transferable and irrevocable rights to all submitted user content, including your name. Agoda reserves the
right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply
with the Guest Review Guidelines. In addition, you represent and warrant that (i) you own and control all
of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful
right to post and distribute such user content to or through the Site; (ii) such content is accurate and not
misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of
Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person
or entity. You further grant Agoda the right to pursue at law any person or entity that violates your or
Agoda's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for
any user content you provide or submit.

Content submitted by users will be considered non-confidential and Agoda is under no obligation to treat
such content as proprietary information. Without limiting the foregoing, Agoda reserves the right to use
the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or
refusing to post it. Agoda is under no obligation to offer you any payment for content that you submit or
the opportunity to edit, delete or otherwise modify content once it has been submitted to Agoda. Agoda
shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form
of attribution by third parties. Please refer to the Agoda Policies on the Site for more details.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you
hereby declare that (a) you do not require that any personally identifying information be used in
connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no
objection to the publication, use, modification, deletion and exploitation of the content by Agoda or its
licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement
to any and all moral rights of an author in any of the content; and (d) you forever release Agoda , and its
licensees, successors and assigns, from any claims that you could otherwise assert against Agoda by
virtue of any such moral rights.

9. Travel advisory – Visa requirements

Although most travel is completed without incident, travel to certain destinations may involve greater risk
than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories
issued by their governments prior to booking travel, particularly when travelling to international
destinations.

By displaying Accommodations in particular destinations, Agoda does not represent or warrant that travel
to such points is advisable or risk-free and Agoda can never be held liable for damages or losses that
may result from travel to such destinations. Agoda can under no circumstances be held liable for any
incidents occurring during your stay at the Accommodation. You are strongly advised to check the
relevant travel advisories issued by your government for any country you are visiting and to take the
necessary precautions. You are also advised to have personal travel insurance.

Agoda cannot be held liable for any loss incurred in the event of your failure to hold the necessary
passports, visas and documentation for your journey. You are advised to check with the relevant
embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility
to obtain whatever travel documents are required.
Please note that some countries have strict rules and regulations on the import of restricted or prohibited
goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco,
perfumes, drugs, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants,
animal parts, etc. It is your responsibility to verify and comply with applicable regulations. Non-compliance
can lead to severe penalties.

10. Complaints

If you have complaints about Agoda’s service, you can contact our Customer Service team via one of the
methods described here. We will do our very best to help you. Please note that any complaints about the
Accommodation or Ancillary Services (policies, standards, service, facilities, decoration, food, etc.) are
ultimately a matter for the Accommodation or Partner. Agoda will coordinate directly with the
Accommodation or Partner to try and find a mutually agreeable solution but we cannot guarantee a
satisfactory outcome. Complaints about Ancillary Services are governed by the terms and conditions of
the Partner providing the Ancillary Service.

11. Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND

RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED
TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AGODA MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGODA DISCLAIMS
ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF
MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT,
TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AGODA DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS
SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AGODA DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY,
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND
CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS,
SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

UNLESS AGODA IS AT FAULT FOR INTENTIONAL OR WILLFUL MISCONDUCT, OR GROSS

NEGLIGENCE, AGODA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

LIMITATION OF OR EXEMPTION FROM THE AFOREMENTIONED LIABILITY MAY NOT BE

PERMITTED PURSUANT TO THE RELEVANT APPLICABLE LAWS. IN SUCH CASE, AGODA SHALL
BEAR THE LIABILITY TO THE EXTENT SET FORTH IN THE RELEVANT LAWS.

12. General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGODA AND RELATED COMPANIES,
INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS
INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE
SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY
PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES
OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY):
(I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF
OR DAMAGE TO GOODWILL OR REPUTATION, INCONVENIENCE , STRESS, DISTRESS, LOSS OF
CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY
TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE
SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION
OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING
SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL)
CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE
SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE)
INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS
MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE;
(VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER
SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT
OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR
(VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR
INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED
THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER
DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A
FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE
FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.

A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited
to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots,
war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes,
shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or
system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic,
pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or
acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s
breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness
for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other
wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services
available through the Site. Agoda does not guarantee continuous access without interruption to the Site.

Agoda will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or
willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible
pursuant to the relevant applicable laws, and without prejudice to the limitations set out in the Terms of
Use, the liability of Agoda, in the aggregate, will not exceed the lesser of (a) the aggregate cost of your
reservation as set out in the confirmation email (whether for one event or series of connected events) or
(b) two hundred and fifty United States dollars (or its equivalent in local currency). In case of an
overcharge or mischarge caused by Agoda, you can make a claim regarding all erroneous charges
notwithstanding what is set out above.

In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to
the relevant applicable laws. In such case, Agoda shall bear the liability to the extent set forth in the
relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to
the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of
limitations. Only bona fide claims will be considered.

13. Miscellaneous

Agoda does not in any way (directly or indirectly, independently or in conjunction with any party) own,
manage, operate or control the Accommodations, or any room in such Accommodations. The
Accommodations are liable and responsible for providing accommodation services and welcoming people
who have booked through the Site as their guests.

You agree to indemnify, defend and hold harmless Agoda, its subsidiaries and other affiliates, and their
partners, payment service providers and other applicable third parties from and against any liability,
damage or loss including legal fees and expenses that are incurred or suffered as a result of (i) your use
of the Services, (ii) any breach or non-compliance by you of any law, or any term of these Terms of Use or
the rights of a third party, (iii) any action, inaction or omission by you, or (iiiiv) any dispute or litigation
caused by your actions, inactions or omissions, (v) content you submit, post, transmit, or make available
through Rocket Travel or your use of the Services or (vi) the use of the Services by any person using your
account and/or password. If you use the Site for or on behalf of a third-party ("Third-party"), such as a
family member or a traveling companion, you are responsible for any error in the accuracy of information
provided in connection with such use. In addition, you must inform the Third-party of all applicable terms
and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and
hold all Agoda Companies harmless from and against any and all liabilities, losses, damages, suits and
claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its
obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries
may be illegal in others. You should enquire about applicable restrictions. Agoda will not be liable in case
an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions
(identified by different top level domain names in some cases), but have originally been drawn up in the
English language. In case of conflict between the English language version and a translated version, the
English language version of the Terms of Use shall prevail.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by
applicable law and such determination shall not affect the validity and enforceability of any other
remaining provisions. The severed provisions shall be replaced by a provision approximating as much as
possible the original wording and intent.

Agoda reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily
or permanently modify, suspend, or terminate the Site and/or any portion thereof, including any service or
product available through the Site, and/or your use of the Site, or any portion thereof. In the event of
termination of the Site, the reservations made via Agoda will still be honored unless you receive a
notification. You will still be bound by your obligations under the Terms of Use, including the warranties
made by you, and by the disclaimers and limitations of liability. Additionally, Agoda shall not be liable to
you or any third-party for any termination of your access to the Site. Agoda reserves the right to amend or
repeal the Terms of Use (or parts thereof) as it deems appropriate. Accommodations and Partners have
the right to change their offerings and this is outside Agoda’s control.

Local tax receipts are only available from properties for bookings where payments are made at the
property. For pre-paid bookings (pay Agoda), Agoda can issue local invoices for bookings in Singapore
since Agoda is a tax resident of Singapore and also Agoda receipts for anywhere else.

The Terms of Use and the provision of our services shall be governed by and construed in accordance
with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising
out of the Terms of Use and Agoda’s services shall exclusively be submitted to the competent courts in
Singapore. The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and shall
not apply to the Terms of Use.

Failure by Agoda to enforce a right does not result in waiver of such right. You may not assign or transfer
your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and
obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site.
The latest version of the Terms of Use will supersede all previous versions. Your bookings will be
governed by the then current applicable Terms of Use at the time of your specific bookings.

14. Governing Law and Disputes

(A) The Terms of Use and the provision of our services will be governed by and construed in
accordance with the laws of Singapore without reference to Singapore conflict of laws rules. Any
dispute arising out of the Terms of Use or otherwise connected to Agoda’s services must
exclusively be submitted to a court of competent jurisdiction in Singapore. The Contracts (Rights
of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and will not apply to the Terms of Use.

(B) For US customers only:

This part of Section 14 only applies to US customers. Please read this section carefully. It affects rights
that you may otherwise have. It provides for resolution of most disputes through binding arbitration
instead of court trials and class actions. This arbitration clause will survive termination of this Section.

This provision is intended to be given the broadest interpretation and application to encompass all
disputes or claims arising out of or relating to your relationship with Agoda, including the use of our
website, our services and any other interactions with us. Agoda is committed to customer satisfaction. We
will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful,
any dispute or claim arising out of or relating to this Section and your relationship with Agoda or any
subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us
may take claims to small claims court if they qualify for hearing by such a court.

Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this
Section comes into effect (the "Opt Out Deadline"). This will be the earliest of (a) the date you first used
our website, (b) the date you first used our services or (c) the date you started a relationship with us. You
may opt out of these arbitration procedures by sending us a written notice using any of the following
methods:

● By email to [email protected] with the subject line: Terms of Use – US Opt

Out Notice.
 ● By regular mail or courier to our registered address at Legal Department, Agoda Company
Pte. Ltd., 30 Cecil Street, Prudential Tower #19-08, Singapore 049712.
● Using our online customer service form at this link. This option is supported if you have
made a booking through Agoda and have a confirmation number.

We must receive your opt out notice no later than 3 days after the Opt Out Deadline for it to be valid. You
agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out
notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline.

For all disputes, whether pursued in arbitration or small claims court, you must first send a written
description of your claim to us to allow us an opportunity to resolve the dispute. You and we each agree to
negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved
within 60 days. You must send us written notice of the claim using either of the following methods:

● By email to [email protected] with the subject line: Terms of Use – US

Dispute Notice.
● By regular mail or courier to our registered address at Legal Department, Agoda Company
Pte. Ltd., 30 Cecil Street, Prudential Tower #19-08, Singapore 049712.

The arbitration of any dispute or claim will be conducted in accordance with the rules of the American
Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as
modified by this Section. The AAA Rules and information about arbitration and fees are available online at
www.adr.org. To the extent of any inconsistency, this Section will supersede and govern over the AAA
Rules.

You and we agree that this Section evidences a transaction in interstate commerce and this arbitration
provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal
arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient
location in the state in which you reside or at another mutually agreed location. The arbitration will be
conducted in the English language. An arbitrator may award any relief that would be available in a court,
including injunctive or declaratory relief to the extent required to satisfy your claim, as well as afford public
injunctive relief where such claims are permitted and cannot be waived by applicable law, and must follow
and enforce this Section as a court would.

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results
of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration
award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that
you must pay to file the initial arbitration demand, and if your claim is for less than $1,000 we will
reimburse you for the filing fee if you provide a written request for reimbursement. Otherwise, we will each
bear the fees and expense of our respective attorneys, experts, witnesses and preparation and
presentation of evidence at the arbitration.

In addition to the above, you and we each agree that any proceeding, whether in arbitration or in court,
will be conducted only on an individual basis and not in a class, consolidated or representative action,
except for actions for injunctive relief as described below. If a court or arbitrator determines in an action
between you and us that this class action waiver is unenforceable, the arbitration Section will be void as
to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will
not apply to you. Neither you, nor any other customer, can be a class representative, class member, or
otherwise participate in a class, consolidated or representative proceeding without having complied with
the opt-out procedure set forth above. Notwithstanding the above Terms of Use, nothing in this Section
will be construed to waive any right you have under applicable law to pursue a claim for injunctive relief
with the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general
public. Any such public injunctive relief claims are preserved and will be subject to arbitration. To the
extent permitted by applicable law, any determination of the extent to which your claims qualify as seeking
public injunctive relief will be heard and decided by the arbitrator. If for any reason a claim proceeds in
court rather than through arbitration, you and we each waive any right to a jury trial.

15. About Agoda

All of our online reservations services rendered through the Site are provided by Agoda Company Pte.
Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its
registered address at 30 Cecil Street, Prudential Tower #19-08, Singapore 049712 and is registered with
the Accounting and Corporate Regulatory Authority of Singapore under company registration number
200506877R.

Agoda is supported by certain affiliated companies in providing services to you in different locations in
relation to their reservations (“Customer Support Companies”). Such services include accepting and
dealing with payments for bookings, providing customer care, liaising with the Accommodations and
handling complaints and refunds.

Customer Support Companies only provide such services in relation to your reservations, but do not own,
control, host, manage or maintain the agoda.com website (or any other website). The agoda.com website
is domiciled only at its registered office in Singapore and not at the offices of any Customer Support
Company around the world. Customer Support Companies are not authorized to act as Agoda’s process
or service agents, do not have any power or authority to represent Agoda or to enter into any contract in
the name of, for or on behalf of Agoda. You will also not be able to make a reservation in or through any
of these offices as reservations can only be made through the Site.

In addition, Agoda and its related companies have various other subsidiaries, branches and offices
throughout the world providing certain other non-customer related internal supporting roles (“Agoda
Support Companies”). Agoda Support Companies do not have any power or authority to render our
services, to represent Agoda or to enter into any contract in the name of, for or on behalf of Agoda and
are not authorized to act as Agoda’s process or service agents, unless specifically authorized by Agoda.

Agoda and its affiliated companies (including all Customer Support Companies and all Agoda Support
Companies) do not act as a travel agent except where stated otherwise on the Site. For further
information about our Partners who may provide Ancillary Services (flights, rental cars) please refer to
their respective sites.

For all questions about agoda.com, the services or the Site, or if you wish to send or serve any
documents, correspondence, notices or other communications in respect of agoda.com, the Site or
otherwise, please contact Agoda Company Pte. Ltd. directly.