Version 1.2 posted and effective as of December 12th, 2018
These terms of service (or "Terms" for short) are a legal contract between you and the Hopper entity specified in section 3 below. These terms govern your installation and use of the Hopper mobile application ("App"), as well as your access to and use of Hopper's website ("Site"). They also govern your use of Hopper Research Data (as defined below). Together, the App, Site, and Research Data will be referred to as the "Services".
If you purchase certain third-party products and services through the App or Site, your transaction will be governed by additional legal documents. In particular, your purchase of some hotels will be governed by the third-party Supplier Terms and Conditions that are available here. Additional information about third party contracts, including third-party contracts other than the Supplier Terms and Conditions, can be found in clause 9 of this document.
Please read this document carefully, since it affects your legal rights (including limitations of liability and disclaimers of warranty). If you do not agree with these terms, or if you lack the capacity or authority to agree to these terms (under section 2 or otherwise), do not install the App, browse the Site, or otherwise access or use the Services. If you do access or use the Services, then you will be considered to have agreed to these Terms.
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time-to-time in our discretion, and could occur very close together, or very far apart, depending on the circumstances. We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may terminate these Terms by uninstalling the App and ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not uninstall the App and cease using the Services during that time, then by your continued use, you are considered to have accepted the proposed amendments. Additionally, if you reinstall the App or begin using the Services again, you are considered to have accepted the amendments then in effect. The termination of these Terms has no effect on any purchases you have made through the App, such as flights or hotel stays.
Our Services are not intended for use by anyone under the age of majority. If you are considered a minor in the place where you live, you must only access the Services while under adult supervision and any purchases through the App must be approved by that adult. You must not otherwise use the Services in any way. If you open an account or make a transaction for the benefit of or on behalf of another person (including a legal person), then "you" refers to both you the physical user and that other person. You must only do so if you have the permission of that person and the authority to bind that person to these Terms. Hopper may be used for both commercial and consumer purposes. Note that certain section of these Terms may not apply to consumers in certain jurisdictions.
Different legal entities make up the Hopper group of companies. Depending on how you use the Services, you will be agreeing to abide by these Terms via one or more contracts with one or more different entities in the Hopper group of companies:
Your installation and use of the App, and/or browsing the Site, and/or use the Research Data, will be governed by a contract with Hopper Inc.
If you buy a ticket for a flight departing from Canada, that transaction will be governed by your contract with Hopper (Canada) Inc.
If you buy a ticket for a flight departing from any other country in the world, that transaction will be governed by your contract with Hopper (USA) Inc.
If you buy a stay at a hotel, regardless of where the Hotel is located, that transaction will be governed by your contract with Hopper (USA) Inc.
In all cases, the contract is the same: these Terms. Only the co-contracting party changes.
To get the most out of the Services, it is important to understand our role in providing the Services, as well as the inherent limitations of forecasting price movements in a highly competitive, unpredictable global market. In terms of flight information, including flight pricing information, we are an information organizer and aggregator. We do not directly generate any of the information you see on the App, and instead the information is provided to us by third parties (generally airlines, but also financial institutions for exchange rates). We cannot reasonably verify all of this information, let alone in real-time. This means that if the information provided to us by third parties is inaccurate or incomplete, your ability to effectively use the App or Services may be compromised through no fault of ours and we cannot accept any responsibility for any problems or damages which might occur.
Similarly, our price forecasts are merely the best guess that we can provide at any given time based on existing data and past trends. There is no guarantee that our forecasts will be correct, since pricing and availability depends entirely on the actions of third parties beyond our control. For example, we might predict that prices for a particular flight will fall slightly over a certain period. Yet a given airline might decide to raise its prices instead, or fuel costs may go up, leading to an industry-wide rise in prices, or an airline might decide to cancel the route, so flight may not available at all. Accordingly, while you may choose to rely on our forecasts, we do not and cannot guarantee their accuracy, and accept no responsibility for any problems or damages which might occur from your reliance, including loss of chance or differences in pricing. For additional information and legal rules related to the purchases of goods and services which you located through the App, please see section 9 below.
We do not sell the App. Instead, we give you permission to download a single copy of the App onto each one of your devices. Our role is to make the App and Services available. As explained in the previous section, we cannot control – nor accept any responsibility for – any other issues.
Subject to your compliance with these terms, and for as long as we makes the Services available through the App, you are hereby granted a limited, revocable, non-exclusive, non-transferrable right to use the Services via the App. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which powers the Services and App, nor any right to obtain a copy of the source code or architecture thereof.
We may update the App from time to time in order to improve the App and/or the Services. If you delay or refuse updates to the App, this may compromise or completely prevent us from delivering the Services. If you have turned on auto-updates on your device, this will cause updates to the App to install automatically. By turning on auto-update settings, you expressly consent to the installation of updates to the App.
Similarly, we do not sell copies of the Site. Instead, we grant you permission to make a single copy of the Site as necessary for ordinary browsing. Once again, our role is to make the Site available. As explained in the above, we cannot control – nor accept any responsibility for – any other issues.
This section applies if you make any use of the research data found at https://www.hopper.com/research/ or that we make available by other means or at other physical or electronic locations ("Research Data").
We grant you a nonexclusive, limited, non-transferrable, non-sublicenceable, and revocable right to use, reproduce, display, and redistribute any data, databases, or publications published by us for use by the general public ("Research Data"), as long as you comply with the following terms:
You must cite Hopper as the source of any Research Data in any publication which you produce that includes, quotes, or relies on Research Data in any way. If your publication is in electronic format, you must link to Hopper.com and existing any back-links. Apart from crediting Hopper as the Source of the Research Data, you must not use any Hopper trademarks or any confusingly similar variants.
You must not claim or imply that any Hopper entity endorses your use of the Research Data or the conclusions or derivative works which you might create.
You acknowledge that the Research Data is being provided on a "as is", "where is", "when is". Hopper does not warrant that data and publications will be error-free or complete, and cannot assume responsibility for your use of the Research Data. You acknowledge our right to alter, delete, or withdraw Research Data at any time without prior notice. You acknowledge that we maintain all right, title, and interest, including ownership, to all Research Data.
The following obligation applies to your use of any or all of the Services. When installing the App and using the Services, you must not: (i) decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the App; (ii) circumvent any limitations we place on your use of the App or Services; (iii) use or display the App in such a way that this allows derivation of information about the Services that was not intended to be made available to users; (iv) circumvent any security features or technological protection measures built into the App; (v) automate access to the App or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices; (vi) attempt to install the App or access the Services after having been banned by us.
If you purchase third-party goods and services that you located through the App, your contract is with the third-party seller (such as an airline or hotel). We are only acting as a broker to refer you to the seller of those goods or provider of those services (and possibly to process payments). We are not a party to your contract with the third-party, nor do we act as agent for either you or that third party. We are merely an intermediary, and charge a small intermediary fee or commission.
When making purchases of travel and accommodation services, it is important to exercise good judgment and common sense. Before making a purchase, you should consider among other things:
For international travel, whether you have a valid passport and any necessary travel documentation for the countries you will be visiting (such as visas).
For multi-flight travel, whether you have allowed sufficient time for you and your luggage to make connecting flights, including the possibility of delays in one or more legs of your journey.
For all travel, whether your luggage complies size and weight restrictions, and whether anything you want to pack in your luggage would be considered hazardous and banned for air travel.
For all travel, whether you have the necessary medical supplies and advice, including any recommended inoculations.
NOT APPLICABLE TO QUEBEC CONSUMERS WE HEREBY EXCLUDES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE APP AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND INCLUDING ANY REPRESENTATION, CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE DO NOT GUARANTEE ANY PARTICULAR LEVEL OF UP-TIME OR AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.
NOT APPLICABLE TO QUEBEC CONSUMERS WITH THE EXCEPTION OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE APP, THE SERVICES, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE. NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOST TIME, LOSS OF ENJOYMENT FOR PLEASURE TRAVEL, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LEGAL FEES AND LITIGATION EXPENSES.
If you use the Services for commercial or non-consumer purposes, you agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your use of the Services or breach of these Terms.
a) Termination without Cause We may terminate these Terms without cause and without prior notice if we choose to discontinue the Services in whole or in part. We may also terminate these Terms if you violate the acceptable use policy in section 8 or otherwise materially breach these Terms. You may terminate these Terms without cause at any time by uninstalling the App and ceasing to use the Services. If you reinstall the App or begin using the Services again, these Terms will apply.
b) Survival Sections 2, 3, 4, 8, 9, 10, 11, 12 (if applicable to you), 13(b), and 14 will survive the termination of these Terms regardless of reason, and shall continue to bind both you and us.
a) Governing law
NOT APPLICABLE TO QUEBEC CONSUMERS
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms.
b) Dispute Resolution
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful in doing so within 60 days of your complaint, either of us may pursue claims as explained in the following two sections.
c) Dispute Resolution (United States)
If you reside in the United States, any and all disputes will be resolved by binding arbitration, rather than in court, except you may assert disputes on an individual basis in small claims court if they qualify. This includes any disputes you assert against us, our related companies, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any disputes that arose before you accepted our Terms, but which concern the Services. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, legal fees and costs), and must follow and enforce the Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under the AAA Consumer Rules. The AAA Consumer Rules will be used even if you are a business or non-consumer user.
The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If you are a consumer and your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay the arbitrator's fees, unless the arbitrator determines your claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to "Legal: Arbitration Claim Manager," c/o Hopper Inc. If we request arbitration against you, we will give you notice at the email address, street address, and/or telephone number you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office. Any and all proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
d) Dispute Resolution (Other)
NOT APPLICABLE TO QUEBEC CONSUMERS
All other litigation arising from or related to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario sitting in Toronto.
e) Jury Trial Waiver
All disputes (whether or not subject to arbitration) arising from or relating to these Terms or the Services shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any forum.
You may not assign any of your rights arising under these Terms without our written consent.
g) Status of the Parties
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties. As explained above, Hopper is at most a broker or agent for the travel company in certain transactions which occur via the App. Hopper is not directly contracting with you to provide travel or accommodation services.
These Terms can only be amended or suspended by following the procedure set out in section 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in section 1.
i) Entire Agreement
NOT APPLICABLE TO QUEBEC CONSUMERS
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Services. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Services. For clarity, despite this Entire Agreement section, your purchases of travel or hotel services will be subject to separate third-party agreements.
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.
Support inquiries may be directed to 1-855-500-3548
General inquiries may be sent to the following coordinates:
Hopper Inc., 5795 ave. de Gaspé, bureau 100, Montréal, QC H2S 2X3, 514-276-0760 firstname.lastname@example.org
Hopper (Canada) Inc., 2020-10060 Jasper Ave Tower 1, Edmonton, Alberta T5J 3R8, email@example.com
Hopper (USA), Inc., 275 Third St., Cambridge, MA 02142, 617-225-2009, firstname.lastname@example.org