Hopper (USA), Inc. and its affiliates (“Hopper”) provide the Hopper mobile applications and the Hopper website (“Apps”) for use by you (“User”) for the purposes of utilizing Hopper data and proprietary predictive algorithms to search for, and receive notifications about, flights, hotels, and other travel services; booking and payment for such travel services; purchasing Hopper and/or third-party products; utilizing published Hopper reports (“Hopper Research Data”); and other related services (collectively, “Services”). Hopper provides you access to the Services and the Apps, including this App, subject to your acceptance of all of the following Terms and Conditions (“Terms”), which constitute a binding legal agreement between you and Hopper. By accessing, downloading, copying, and/or using a Hopper App, including this App, and/or the Services, you agree to be bound by these Terms.
PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS (SECTION 12) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ANY FUTURE DISPUTES WITH HOPPER THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST HOPPER.
In addition to these Terms, Hopper offers individual products and services for purchase that may be subject to additional terms and conditions, which will be provided to you both prior to after purchase. Travel services provided by third-parties are subject to third-party terms. Please review all additional terms carefully prior to any purchase.
Use of the Apps and Services; Restrictions
1.1. Acceptable Use. You may use the Apps and the Hopper Services only for lawful personal use, and in accordance with these Terms, to search for and make travel bookings and/or related purchases for yourself, or non-commercially on behalf of a person who has authorized you to do so. Hopper may, in its sole discretion, terminate your right to use the Apps and Services at any time, and may take all available legal recourse for actual or suspected violations of these Terms, including cancellation of bookings made in violation of these Terms. Any delay by Hopper in taking such actions does not constitute a waiver of Hopper’s rights to enforce these Terms. By making the Apps and Services available for your use, Hopper does not consent to act as your agent or fiduciary.
1.2. Restrictions. The Apps and Services are not intended for use by any person who is, and you are not permitted to use the Apps or Services if you are, under the age of 13 or under the legal age of majority in the jurisdiction in which you reside. You may not use the Apps or Services if you are identified on any U.S. or Canadian government list of prohibited, sanctioned, or restricted parties, or if you are located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a "terrorist supporting" country. While you may make copies of information related to your booked travel reservations, you may not attempt to access, copy, decompile, disassemble, or reverse-engineer, distribute, sublicense, publish, interrupt, destroy, or interfere with the source code, libraries, databases, algorithms, data, or Hopper systems or networks that make up the Services or the Apps, or attempt to circumvent any security controls included in the Apps. You may not attempt to access the Apps or Services using any automated tools, including without limitation the use of bots, spiders, crawlers, scrapers or other similar tools, or other technology not authorized by Hopper. You may not deep-link to any portion of Apps (including, without limitation, the purchase path for any travel services) or frame, mirror or otherwise incorporate any part of the Apps into any other app or site without Hopper’s prior express written authorization. You may not use the Apps or Services for any purpose that is fraudulent or deceptive. If your right to access the Apps or Services has been previously revoked by Hopper, all use of the Apps or Services is prohibited.
1.3. Updates. Hopper may update the Apps and Services from time to time in order to improve the Apps and/or the Services. You agree to install all updates in a timely manner. If you delay or refuse updates to the App, this may compromise or prevent us from delivering the Services.
2.1. Hopper Accounts. In order to make purchases using the Apps and Services, from Hopper and/or from third-party travel service providers (e.g., airlines, hotels, etc.), you will need to register for a Hopper account, and a Hopper account will be created automatically using the information you provide. You may create only one account per individual. You agree: (i) to provide and maintain accurate, current and complete information for your Hopper account, (ii) to maintain the security of your account by not sharing, disclosing, or making available access credentials to any unauthorized person, and (iii) to notify Hopper promptly if you discover or otherwise suspect any security breaches relating to your use of the Apps or Services. You agree to be responsible for all activities and purchases that occur using your Hopper account, and you accept all risks of unauthorized access resulting from any act or omission by you in violation of these terms.
2.2. Payment Methods. Hopper enables you to make purchases from Hopper, and/or third-party travel service providers, by linking a valid, authorized debit, credit, and/or prepaid credit card to your Hopper Account (“Payment Instrument”). You may change the Payment Instrument associated with your Hopper Account or add additional Payment Instruments at any time. By linking a Payment Instrument to your Hopper Account, you represent to Hopper that you are an authorized user of the Payment Instrument. You are responsible for ensuring that the Payment Instrument(s) associated with your Hopper Account is at all times current, non-expired, and valid for payments. Your Hopper Account is not a bank account. Hopper is not a bank and does not offer banking or “money transmission services,” and is not a “money service business,” as those terms are defined by the United States Department of Treasury.
2.3. Payment Authorization. You authorize Hopper, and/or applicable third-party travel service providers, to charge your linked Payment Instrument(s) for the total amount of all purchases initiated in the Hopper Apps using your Hopper Account as necessary to complete payment for your authorized purchase, including without limitation all fees and taxes. In some cases, Hopper may pass your Payment Instrument(s) to a third party travel service provider (such as an airline or hotel) in order to process your authorized payment. By making a booking, you authorize such transfer. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your Hopper Account, you also authorize a credit to your Payment Instrument(s) by Hopper as necessary to execute that transaction.
2.4. Failed Transactions. In the event that a charge to any Payment Instrument fails, you agree to link a new, valid Payment Instrument within three (3) business days of notification by Hopper. Your Hopper Account will be disabled, and all purchased Hopper products and third party travel services may be cancelled, until a valid Payment Instrument is provided and the outstanding uncharged balance is resolved. You further authorize Hopper to attempt to re-submit any failed charge to any Payment Instrument(s) associated with your account at subsequent times until successful. Hopper is not responsible for any charges imposed by the issuer of your Payment Instrument as a result of any failed charge or re-charge by Hopper. To the extent that Hopper is unable to successfully charge any Payment Instrument linked to your Hopper Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Hopper may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your Hopper Account, and you will not contest the use of a third party to collect the debt and fees owed to Hopper. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your Hopper Account and all monies owed thereunder. You agree that Hopper, or any agency or business employed by Hopper, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with Hopper, or any other publicly available or attainable information, in an effort to collect any monies and fees owed to Hopper, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
2.5. Test Authorizations. At the time of linking any Payment Instrument to your Hopper Account, you consent to Hopper temporarily authorizing a charge on that Payment Instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your Payment Instrument statement within a few days.
2.6. Unauthorized Transactions; Lost Devices. If any transaction receipt received by you appears incorrect, or was unauthorized or fraudulent, you shall notify Hopper immediately, by contacting Hopper Support from the “Trips” page within the Apps. In the event that you lose any mobile device on which an App linked to your Hopper Account is installed, or otherwise learn that your Hopper Account access credentials are compromised (“Lost Device”), you shall notify Hopper immediately by contacting Hopper at email@example.com.
2.7. Currency Conversions. Some prices and/or fees provided in the Apps or Services may be displayed to you in a default, or your preferred or selected, currency, although the charge made to your Payment Instrument by a third-party service provider will be in a local currency. In these cases, the amount charged to your Payment Instrument may vary slightly from the amount displayed, due to fluctuations in currency exchange rates beyond Hopper’s control. Your Payment Instrument provider or issuer may also include a fee to process the transaction or convert currency, plus any applicable taxes for international purchases.
Consent to Electronic Communications, Disclosures and Notices; Paper Copies.
3.2. Consent to Communications and Contact. By registering a Hopper Account, you consent to be contacted by Hopper electronically, including via email, phone, SMS, in-app messaging, or other available digital messaging service, for any purpose related to your use of the Apps or Services, and/or any bookings or other purchases made by you via the Apps or Services.
3.3. Your computer and/or mobile device must be connected to the internet in order to access the Apps and Services and to make and receive communications to/from Hopper, including to contact Hopper’s customer service team within the Apps. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all third-party charges related to such access and/or the transmission and receipt of data.
3.4. When you make a booking with Hopper, you agree that all communications to Hopper’s customer support team related to your booking will be made within the Hopper App used to make the booking, via in-App messaging and/or chat functionality, except for communications in other channels, such as phone, SMS, or email, that may be initiated by Hopper.
Hopper Predictions and Sort Order
4.1. Hopper’s price prediction Services and notifications provide a powerful tool to assist You in finding the best time to book travel and save money. Hopper works hard to ensure the accuracy of its predictions based on past data and current trends. However, forecasting price movements in a highly competitive, unpredictable global market has inherent limitations, and no prediction tool can be 100% accurate. Accordingly, while Hopper believes strongly in the accuracy of its predictions, Hopper does not guarantee their accuracy, and shall not be liable for any reliance upon them, except as expressly set forth in the terms of any Hopper product purchased by you, such as a Hopper Price Freeze or Price Drop Protection option.
4.2. When you search for flights, hotels or homes, or car bookings in the Hopper Apps, Hopper provides you a number of options for displaying, filtering, and sorting the results.
4.2.1. Hopper’s default flight search results provide you first with an identification of the flights identified by Hopper’s algorithms as “Recommended,” including for example as “Best Flight,” “Best Quality,” “Cheapest” or “Fastest.” Hopper uses a number of factors to identify a “Recommended” flight, and Hopper’s recommendation algorithms are not impacted by any fees paid to Hopper.
4.2.2. Hopper’s default hotel or vacation rentals search results provide you with an identification of the hotels or rentals identified by Hopper as “Recommended” for you based on a number of factors including price, location, and amenities. Hopper’s recommendation algorithms are not impacted by any fees paid to Hopper.
4.2.3. Hopper’s default cars search result sort order is based solely on price.
Third-Party Travel Services
5.1. The Hopper Apps and Services provide access to travel information, such as flight, hotel, vacation rentals, or car pricing and availability, features and amenities, and terms and conditions, provided and maintained by third-parties. These third-party providers are independent contractors and not agents of Hopper. Your contract for these services is with the third-party provider, and not with Hopper. While Hopper works hard to ensure correctness, Hopper cannot verify, and is not responsible for, the accuracy of information provided by third parties. Hopper also is not liable for the acts, errors, delays, omissions, representations, warranties, breaches, bankruptcy, or negligence of any such third-party providers or for any personal injuries, death, property damage, or other damages or expenses resulting from third-party provided services. Hopper is not responsible to make any refund in the event of any delay, failure, breach, cancellation, overbooking, strike, force majeure or other causes beyond Hopper’s direct control. By offering third-party travel services for booking via the Hopper Apps and Services, Hopper does not endorse, or make any representation or warranty about, the quality of any service provider.
5.2. The purchase of third-party travel products and services through the Apps or Services will be governed by and subject to additional terms and conditions from such providers, and subject to laws and regulations imposed by government entities, and you agree to abide by all such terms, laws, and regulations. Where possible, Hopper will make these terms available to you. However, additional applicable terms may be provided on the third-party provider’s website. Please read these additional provider terms and conditions carefully prior to purchase, and ensure that you understand the full terms applicable to your airfare, hotel, trip insurance, car rental, or other third-party service. If you make bookings on behalf of another person(s) with their authorization, you agree that you will inform such other person(s) about these Terms and any third-party terms, rules and restrictions that apply to the bookings made on their behalf. You understand and agree that any violation of third party terms of service may result in a cancellation of your bookings, denial of service, and forfeit of any amounts paid. Hopper is not responsible for any damages resulting from your violation of third party terms.
5.3. Air Bookings: Third-party air travel bookings are only guaranteed once the purchase has been completed and the tickets have been issued, as confirmed to you by Hopper by email and/or through in-app messaging following your purchase.
5.3.1. Interlining: Hopper may offer you the opportunity to book air travel by combining multiple one-way tickets, on one or more airlines, instead of a single one-way or roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, at lower cost. However, each one-way ticket in the booking will be subject to different rules, restrictions, and fees. If one of the flights is affected by an airline change (e.g. cancellation or rescheduling), the other tickets will not be changed. If you will be responsible for any fees incurred for making changes to the unaffected flight.
5.3.2. International Air Travel: You are solely responsible for ensuring that you meet all of the entry requirements imposed by governmental authorities at your destination(s), including countries you may just be transiting through, including health and passport/visa requirements, and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order. Hopper does not provide advice regarding entry requirements for any destination. You must consult the appropriate embassy or consulate for such information. Requirements may change and you should check for up-to-date information before booking and departure. Hopper is not responsible if you are refused entry onto a flight or into any country due to your failure to satisfy any entry requirements. BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR DESTINATIONS, HOPPER DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
5.3.3. Tax Refunds: In case of a no-show or cancellation of an air booking, you may be entitled to a refund of airport taxes and fees included in the price of the ticket purchased. Where you are eligible for a refund, you can request such a refund from Hopper customer service, who will submit your request to the airline on your behalf.
5.3.4. EU Traveler Rights: If you are traveling into or out of the European Union, or on an EU-based airline, You may have rights in the event that your flight is cancelled, delayed or you are denied boarding. Please consult Regulation (EC) 261/2004 for more information.
5.3.5. Hazardous Materials: Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
5.3.6. Airline Prohibited Practices: Many airlines prohibit the purchase of a ticket or tickets containing flight segments that you will not be using, such as a "point-beyond", "hidden-city", or "back-to-back tickets.” You agree that you will not use the Apps or Services to engage in these or similar activities if prohibited by an airline.
5.3.7. Required Information: The Transportation Security Administration (TSA), part of the U.S. Department of Homeland Security, requires Hopper to collect information from you for purposes of watch list screening, pursuant to 49 U.S.C. Sec. 114, and the Intelligence Reform and Terrorism Prevention Act of 2004. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more information, please see www.tsa.gov.
5.4. Hotel/Vacation Rental Bookings. Hopper offers a number of options for booking hotels and Hopper Homes (vacation rentals).
5.4.1. Prepaid Bookings: Hopper, directly and in partnership with other entities, has pre-negotiated certain room rates with hotel suppliers to facilitate Your booking of hotel/homes reservations. In connection with these Services, Hopper sometimes charges a fee, which is combined with and included in the rate that You see displayed in the Apps, and which may vary depending on the booking. This displayed rate may also include applicable taxes and third party service fees. When you make a booking, you authorize Hopper to charge the full displayed amount and to facilitate the reservation(s) on your behalf, including making payment arrangements with hotel suppliers and third parties.
5.4.3. Incidental and Other Charges by Hotel: Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Hopper for your hotel booking. You are responsible for payment of all additional expenses during your stay, including for example, resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees, parking charges, minibar charges, phone calls, room service and movie rentals, etc.
5.4.4. Ratings: Hotel ratings displayed in the Apps are intended as only general guidelines, and Hopper does not guarantee or endorse any hotel, or the accuracy of any ratings.
5.4.5. Taxes: In connection with facilitating your hotel booking transaction, Hopper may charge your method of payment for Taxes and Fees. This charge includes an anticipated amount to recover the amount Hopper pays to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. Hopper is not the vendor collecting and remitting taxes to the applicable taxing authorities. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount Hopper anticipates and includes in the charge to you. The balance of the charge for Taxes and Fees is a fee Hopper retains as part of the compensation for the Services.
5.5. Third-Party Sites. The Apps and Services may contain links to third-party websites that are not operated by Hopper. These links are provided for reference only. Hopper is not responsible for the contents or the privacy or other practices of such sites. You should review the terms applicable to any third-party site that you choose to access.
5.6. Trip Insurance. Travel Insurance offered by Hopper via the Apps and Services is provided through a partnership with AON and Nationwide Insurance. When you purchase Travel Insurance in connection with one of our travel products, you are subject to the Terms & Conditions of AON and Nationwide, as provided you within the Apps and Services at the time of purchase, and in subsequent confirmation communications.
California*, registration number: 2141604-70 Hawaii, registration number: TAR 7387 Iowa, registration number: 1615 Washington, registration number: 604516639
*Registration as a seller of travel in California does not constitute the state's approval of Hopper. Hopper is not a participant in the Travel Consumer Restitution Fund.
For residents of Canada, bookings are made by Hopper (Canada), Inc., a wholly owned-subsidiary of Hopper, Inc., organized under the laws of Alberta, Canada. For residents of Mexico, bookings are made by Hopper App Travel Mexico, S.A. de R.L., Av. Paseo de la Reforma #403, oficina 806, Cuauhtèmoc, Mexico. For residents of Colombia, bookings are made by Hopper Colombia SAS, Calle 98 # 22-64, Of. 1012 - Bogotá, Colombia. For residents of Chile, bookings are made by Hopper Chile, Marchant Pereira 150, Of. 1002, Providencia, Santiago, Chile. Payments for bookings by European residents may be made to Hopper UK Inc., Ltd., 58-60 Kensington Church St., Kensington, London W8 4DB, U.K.
Any customer service inquiries directed to any Hopper entity regarding a booking made via the Hopper Apps may be communicated to Hopper’s customer service team using the in-App messaging service.
7.1. The App(s) and Services downloaded or accessed by you pursuant to these Terms, including without limitation all of the text, images, sound, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content contained therein, and all software, source or object code, systems, data, and algorithms embodied in or supporting the Apps or Services, or otherwise used by Hopper to deliver the Apps or Services, and all intellectual property rights therein including without limitation patent, copyright, trademark rights (collectively, the “Hopper Property”), is the sole and exclusive property of Hopper and/or of third parties provided under license to, or used with permission by, Hopper, and is protected under United States, Canada, and international laws. Hopper reserves all rights in the Hopper Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Hopper Property are granted except as expressly provided herein. You are hereby granted a limited, personal, non-exclusive, non-transferrable, revocable right to access, download, and use the Hopper Apps and the Services solely for the purposes expressly authorized by these Terms, provided that you comply with these Terms.
7.2. Trademarks. The marks “HOPPER,” the bunny and running bunny images, among other marks, are registered or unregistered trademarks of Hopper, protected under United States, Canada, and international law, and may not be used in connection with any service or products other than those provided by or expressly authorized by Hopper, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hopper. The Apps and Services may also incorporate protected trademarks of third parties, and the use of such trademarks does not constitute an affiliation, endorsement or sponsorship of Hopper by any third party.
7.3. Third-Party Property. The Hopper Apps and Services feature the trademarks, service marks, images, logos, and data of third parties, including those of Hopper’s third-party travel service partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such Third-Party Property provided or displayed in any App, inures solely to the benefit of their respective owners. Hopper’s use of such Third-Party Property does not imply any affiliation or relationship between Hopper and the third party nor any endorsement of Hopper or the Apps or Services by such third party.
7.4. Use of Research Data.Your use of the research data found at media.hopper.com/research or that we make available by other means or at other physical or electronic locations, including without limitation any data, databases, reports, whitepapers, analysis, or compilations produced and/or distributed by Hopper ("Research Data") is governed additionally by the terms of this Section. Hopper grants to you a nonexclusive, limited, non-transferrable, non-sublicenceable, and revocable right to use, reproduce, display, and redistribute Research Data subject to your compliance 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” basis. Hopper does not warrant that data and publications will be error-free or complete, and cannot assume responsibility for your use of or reliance upon 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.
7.5. Digital Millennium Copyright Act. Hopper respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible in a Hopper App or through our Services in a way that constitutes copyright infringement, please provide Hopper with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”) to Hopper, Attention: Legal Department, 265 Franklin Street, Suite 1702, Boston, MA 02110: (i) Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works; (iii) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address or App screenshot; (iv) A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; (v) A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; and (vi) A physical or electronic signature of a person authorized to act on behalf of the copyright owner certifying the statements and information provided.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Disclaimer of Warranties.
9.1. The Hopper Apps and Services, including without limitation Hopper’s price predictions and recommendations, are provided on a “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOPPER DISCLAIMS, WITH RESPECT TO THE APPS, THE SERVICES, AND ALL CONTENT THEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Hopper does not warrant that the Apps or Services will operate error-free or without downtime. Hopper may pause or interrupt the Apps or Services at any time, and users should expect periodic downtime for updates. Hopper does not warrant or make any representations regarding the use or the results of the Apps or Services in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including, without limitation, the safety, quality, and/or timing of any travel service purchased from third-parties via the Services. Hopper shall not be liable for delay, damage, or failure in performance resulting from causes beyond Hopper’s reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications, force majeure, or the actions or omissions of third-parties. All content in the Apps and Services is provided for informational purposes only. Reliance on any information provided through the Apps or Services is solely at your own risk, including, without limitation, third-party travel services information, and Hopper predictions and recommendations. Hopper reserves the right to correct any pricing errors in the Apps or Services and/or pending reservations made under an incorrect price.
9.2. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.
Limitations of Liability
10.1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HOPPER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HOPPER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APPS OR SERVICES. HOPPER ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, AIR TRAVEL, LODGING, OR OTHER MATERIAL AVAILABLE ON OR THROUGH THE APPS OR SERVICES, OR VIA ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE APPS.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL HOPPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO HOPPER OR A THIRD-PARTY TRAVEL SERVICE PROVIDER VIA THE SERVICES, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). IN NO EVENT SHALL HOPPER BE LIABLE FOR ANY FAILURE TO COMPLY WITH THESE TERMS, OR FAILURE TO PROVIDE THE APPS OR SERVICES, TO THE EXTENT THAT SUCH FAILURE ARISES FROM FACTORS OUTSIDE HOPPER’S REASONABLE CONTROL.
10.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.3. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HOPPER APPS AND SERVICES.
10.5. With respect to any unauthorized, fraudulent transaction conducted using your Hopper User Account, absent any violation of these Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your Payment Instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Hopper User Account, and Hopper may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Hopper from any further claims with respect thereto.
10.6. An action or proceeding relating to any claim arising out of the Hopper Apps or Services must commence pursuant to Section 12.1 within the shorter of the applicable statute of limitations or one year after the cause of action has accrued, or it shall be waived.
12.1. ARBITRATION AND CLASS ACTION WAIVER. You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms, any payments to Hopper, or otherwise related in any way to your use of the Apps or Services and/or the content therein, shall be submitted exclusively to binding arbitration, except that each party retains: (i) the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction; and (ii) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOPPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Hopper otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
12.2. Arbitration Rules. Any arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” provision, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer agreement” as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). (The Applicable AAA Rules are available at https://www.adr.org/Rules). The Federal Arbitration Act will govern the interpretation and enforcement of this entire “Dispute Resolution” provision.
12.3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration under its Commercial Arbitration Rules and its Consumer Arbitration Rules, and a separate affidavit for waiver of fees for California residents only is also available here. The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
12.4. Arbitration Location and Procedure. Unless you and Hopper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hopper submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
12.5. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. Hopper will not seek, and hereby waives, all rights Hopper may have under applicable law to recover attorneys' fees and expenses if Hopper prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the Applicable AAA Rules. However, if your claim for damages does not exceed $25,000, Hopper will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
12.7. Changes. Hopper reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if Hopper changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Apps or Services after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Hopper written notice of such rejection by mail or hand delivery to: Hopper, Attn: Legal Department, 265 Franklin Street, Suite 1702, Boston, MA 02110 or by email from the email address associated with your account to: firstname.lastname@example.org, within 30 days of the date such change became effective, as indicated herein. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Hopper in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
Effective Date of these Terms of Service: June 7, 2021