Terms of Use
For reservations that are facilitated by the Expedia Group, please refer to the terms and conditions set forth here.
1. Definitions
Welcome to brek.com. The website and any associated mobile and software applications on which these Terms of Service Agreement (“Terms”) are posted (collectively, the "Site") is comprised of various web pages operated by brek.com (“us,” “we,” or “our”). The Site is offered to you conditioned on your acceptance without modification of these Terms. These Terms constitute a legally binding agreement between brek.com and you concerning your use of the Site. We encourage you to print these Terms or save them to your device or computer for reference.
In Terms of Use:
“Information” means all of the information available on the Website, including but not limited to:
- hotel room availabilities;
- room rates;
- hotel descriptions and photographs;
- hotel amenities;
- customer reviews;
- editorial commentary;
- car rental availabilities;
- car rental rates;
- car rental descriptions and photographs.
2. Services and Website Access
The Website provides an online platform through which Offers supplied by Offer Providers are available for Booking and through which visitors of the Website can search, compare, reserve, purchase or pay for such Offers. Upon Booking with our payment can be made either directly on the Website or at arrival with the relevant Offer Provider.
Prepaid Bookings are Bookings for which you pay us at the time you make the Booking, excluding charges that you must pay the Offer Provider directly upon arrival. By making such prepaid Booking on the Website, you agree to pay us for facilitating the Booking with the Offer Provider as presented on the Website using the selected form of payment. We will confirm your Booking and will handle the Booking with the Offer Provider.
By accessing the Website, you:
- agree to be bound by these Terms of Use; and
- warrant that you have attained the age of 18 years.
3. Prohibited Activities
You shall not:
- reproduce in a material form, publish, perform in public, communicate to the public, or make an adaptation of the Information or any part of the Information other than for the Permitted Purpose;
- access or monitor the Information or any part of the Information using any robot, spider, scraper or other automated means without our prior written consent;
- violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent any other measures employed to prevent or limit access to the Website;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
4. Indemnity
You shall indemnify us and hold us harmless from and against all costs, claims, third party claims demands, liabilities, expenses, damages and loss caused by your use of the Website and Information or any part of the Information for any purpose other than the Permitted Purpose.
5. Verification of Information and Assumption of Risk
5.1 Information
All Information which is displayed on the Website is based on the information directly or indirectly provided to us by Offer Providers. The Offer Providers which market and promote their Offer on or via the Website are responsible for updating and verifying all rates, prices, fees, availability, policies and terms and conditions and other relevant Information which is displayed on our Website. We, therefore, cannot guarantee that all Information is accurate, correct, complete and we cannot be held responsible for any errors, misleading or untrue Information. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality service level, rating and type of accommodation or Offer of any Offer Provider.
5.2 Verification of Information
You must verify the accuracy of the Information before accepting or using any Offer.
5.3 Assumption of risk
You assume all risk in connection with your:
- use of the Website and the Information; and
- acceptance and use of any Offer. We has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
6. No warranty
We do not give any warranties and therefore do not warrant and cannot be held responsible for:
- The quality or conditions of the accommodation's facilities, availability or service provided;
- The transmission of, or ultimate accommodation of, special requests provided while using the site to purchase or book an Offer;
- The accuracy, quality, completeness, or reliability of the Website, the Information and any Offer;
that the Website and the Information will be error-free, virus free, uninterrupted (whether due to any temporary or partial breakdown, repair, upgrade or maintenance to our Website or otherwise) or free from unauthorised use or hackers.
7. Intellectual Property
The software required for our services are available at or used by our Website and the intellectual property rights (including the copyrights) in relation to the contents, and Information, and material, on our Website are owned by the Offer Providers or us.
We exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Website including the guest reviews and translated content, and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our expressed written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to FinsHotel for no consideration. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
8. Booking Rules
The following rules apply to Bookings made with us on our website.
8.1 Photo ID Policy
A customer holding a Booking made on our website must present a valid photo ID and credit card at check-in. Both the ID and the credit card must belong to the guest name as selected at the time of the Booking. The credit card is required for additional hotel incidental charges such as parking, phone calls or minibar charges which are not included in the room rate. The credit card may also be required for mandatory fees charged by the hotel during check-in. Whenever additional fees to pay at the hotel are applicable, they will be clearly indicated during the Booking process on our website.
8.2 Mandatory Fee Policy
Occasionally Offer Providers may charge an additional mandatory fee at check-in (such as resort fees, city taxes etc.). The presence of such hotel fees will be clearly indicated during the Booking process on our website. Hotel fees will be charged to you directly by the hotel. The amount of the charge is subject to change.
8.3 Booking Charge Disclosure
At the time of making the Booking, we will present you with a detailed breakdown of the Offer price. The price breakdown includes detailed Information about the cost of room nights as well as any mandatory fees, including taxes. In addition, the price breakdown will indicate what is to be paid at the time of making the Booking and what is due at the hotel.
We encourage you to review the Booking and payment Information thoroughly before completing the Booking.
8.4. Main guest age limit
Unless otherwise specified at the time of making the Booking, the main guest under which the Booking is made will be considered a legal adult according to the local law applicable to the Offer Provider. If you are unsure about the required age, please contact our support.
8.5 Booking cancellations, changes and refunds
At the time of making the Booking and while using our website,we will present various cancellation policies that may include partial or full refunds in case a cancellation is possible. Please check the relevant Offer conditions and details thoroughly for any such conditions prior to making your reservation Not all Offers can be cancelled and not all prices are fully or partially refundable.
Any request for a change, cancellation or refund that is not according to the policies presented at the time of the Booking will be submitted to the relevant Offer Provider. We does not charge a cancellation or change fee, and it is the responsibility of the Offer Provider to determine whether they agree to cancellations, changes or refunds that are not included in the original Booking’s policies.
To cancel a Booking made with our website, please follow the instructions found in the confirmation email sent by us. In case you are having issues cancelling, please contact our support. A Booking cannot be cancelled if our support is not contacted for cancellation at least 24 hours before you would like such cancellation to take place.
8.6 Offer Provider service level
We invests the utmost efforts to ensure that all the Information presented is accurate in order for its customers to make an informed decision regarding their accommodation. We can neither guarantee, nor we will be liable for any failure of the Offer Provider to meet our customer’s expectation in regards to the booked rooms, cleanliness, service provided by hotel staff, hotel facilities or any other service or feature that is under the responsibility of the Offer Provider to provide.
Nonetheless, if a customer has a complaint, we will try to assist the customer in resolving the issue with the hotel.
8.7 Special requests
Upon making a Booking with us, it is possible to add special requests for the Offer Provider. We passes the special request as-is on to the Offer Provider and is not responsible or liable for the fulfilment of such special requests. Only the Offer Provider decides whether to address the request or not.
8.8 Offer Provider policies
By making a Booking with us you agree with the applicability and agree to adhere to the general terms and policies of the Offer Provider (during, before and after utilisation of the relevant Offer Booked with or via us).
9. Disclaimer
Subject to the limitations set out in these Terms of Use and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Booking confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Offer Provider as made available on our Website, (iii) the services rendered or the products offered by the Offer Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Offer Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
We are not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Offer and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Offer Provider is solely responsible and assumes all responsibility and liability in respect of the Offer (including any warranties and representations made by the Offer Provider).
10. General
10.1 Exclusion
Applicability of any terms and conditions other than these Terms of Use is explicitly excluded.
10.2 Entire understanding
These Terms of Use contain the entire understanding between the parties and supersede any prior communications between the parties.
10.3 Amendment and variation
We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.
10.4 Language
The original English version of these Terms of Use may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms of Use or inconsistency or discrepancy between the English version and any other language version of theseTerms of Use, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Website or shall be sent to you upon your written request.
10.5 Governing law and jurisdiction
The website is controlled, operated, and administered from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
11. Changes to Terms
We reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourages you to periodically review the Terms to stay informed of our updates.
12. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Site where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.
13. European Commission Platform for Online Dispute Resolution
The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/. We do not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.