Effective Date: June 30, 2026
1. Introduction
These Terms of Use (“Terms”) are an agreement between you and Choice Hotels International, Inc., a Delaware, U.S.A. company (“Choice,” “we” “us,” or “our”), that governs your use of (a) the websites, mobile applications, and other online platforms operated by Choice where these Terms are posted (the “Platforms”), including the website located at https://www.choicehotels.com/, and (b) any services, features, and functionalities available on the Platforms, including the opportunity to book Reservations (the “Features” and, together with the Platforms, the “Sites”).
Please read these Terms carefully before using the Sites. Among other provisions that affect your legal rights, these Terms include an arbitration requirement and class action waiver set forth in Section 21, which, subject to limited exceptions, requires you and Choice to arbitrate any Disputes on an individual basis. Arbitration on an individual basis means that neither party will have the right for a judge or jury to decide its claims or to proceed in a class, consolidated, or representative capacity.
By (a) accepting these Terms using a mechanism made available on the Sites (such as by clicking an “I Agree” button or checking a box) or (b) otherwise using the Sites for any purpose other than solely to review these Terms or our Privacy and Security Policy, you expressly represent that you (i) have reached the age of majority in your jurisdiction of residence and (ii) agree to be bound by these Terms. If you do not meet the foregoing age requirement, if you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms refer to both you, the individual using the Sites, and to the Organization you represent.
2. Additional Terms
Certain aspects of the Sites may be subject to additional terms, conditions, rules, or guidelines (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. As such, any reference to the “Terms” herein includes the Additional Terms. If there is a conflict between the provisions herein and any Additional Terms, the Additional Terms shall prevail, but only to the extent of the conflict.
3. Changes to these Terms
We reserve the right to modify these Terms at any time. If we do so, we will provide notice to you by updating the “Effective Date” at the outset of this agreement. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or other reasonable means. Your continued use of the Sites after any such modifications constitutes your acceptance of, and agreement to be bound by, the Terms as modified.
4. Changes to the Sites
We reserve the right to change, restrict access to, suspend, or discontinue the Sites, or any portion thereof, at any time without notice, and you agree that Choice shall not be liable for any such actions. These Terms shall automatically apply to all improvements and modifications to the Sites.
5. Privacy
We collect information from and about the users of the Sites. The collection of this information is governed by our Privacy and Security Policy. The Privacy and Security Policy is hereby incorporated into these Terms by reference.
Therefore, by accepting these Terms, you are representing to Choice that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, including your personal information (such representation, the “Privacy Policy Representation”). You further understand and agree that Choice is justifiably relying on the Privacy Policy Representation in granting you access to the Sites. If you do not agree to the practices described in our Privacy and Security Policy, do not use the Sites, provide us with any personal information, or communicate with us in any way.
If you later take legal action inconsistent with the Privacy Policy Representation, you understand and agree that such action will constitute evidence that the Privacy Policy Representation was false when made by you. You further understand and agree that, in such circumstances, Choice may elect to terminate these Terms, without prejudice to Choice's ability to seek damages, including our attorneys’ fees, resulting from your breach.
6. Ownership of the Sites
A. The Choice Content
The contents of the Sites, including all text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software comprising or available on the Sites, and the design, selection, and arrangement thereof (collectively, the “Choice Content”) is the property of Choice or our licensors (which may include Third-Party Partners), and is protected by United States and international copyright laws. As the Choice Content is a component of the Sites, any reference to the “Sites” herein includes Choice Content.
B. Your Limited License to Use the Sites
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-transferable, revocable license (the “License”). The License is available to you unless and until you or we terminate these Terms, we otherwise suspend or terminate your access to the Sites, or you are barred from using the Sites by applicable law. Choice reserves all right, title, and interest not expressly granted under the License to the fullest extent possible under applicable law.
Under the License, you are permitted to use the Sites in the following limited ways: (a) you may access and browse the Sites, and use the Features made available to you, using a device that you own or are authorized to use (an “Authorized Device”); (b) you may download the Choice Content from the Sites onto an Authorized Device and print out a hard copy, provided that you do not modify it in any way, including by removing or altering any copyright or other legal notice; (c) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on an Authorized Device; and (d) your Authorized Device may temporarily store copies of the Choice Content incidental to your use of the Sites. Except to the extent authorized by applicable law, you may not otherwise use, download, upload, copy, print, display, perform, post, reproduce, publish, license, transmit, or distribute any Choice Content without the prior written consent of Choice or, if applicable, our licensor. Any unauthorized use of the Choice Content may violate copyright laws, trademark laws, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
Finally, the Sites are intended for users genuinely interested in our services. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, which includes using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.
7. Trademarks
The Choice Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of our or our licensors’ trademark or other rights.
Trademarks owned by Choice include CHOICE®, CHOICE HOTELS®, ASCEND®, CAMBRIA®, CHOICE PRIVILEGES®, CLARION®, CLARION POINTE®, COMFORT®, QUALITY®, SLEEP INN®, EVERHOME®, MAINSTAY SUITES®, SUBURBAN SUITES®, WOODSPRING SUITES®, ECONOLODGE®, and RODEWAY INN®. In the Americas region, we also own the Trademarks associated with the RADISSON brands, including RADISSON®, RADISSON BLU®, RADISSON COLLECTION®, RADISSON INDIVIDUALS®, RADISSON INN & SUITESTM, RADISSON RED®, PARK INN BY RADISSON®, PARK PLAZA®, and COUNTRY INN & SUITES® (outside of the Americas, the Radisson Brands are owned by Radisson Hotel Group, an unaffiliated company headquartered in Belgium).
These Terms do not grant you any rights to use the Trademarks. Except as authorized by applicable law, you may not use any of the Trademarks absent prior written consent of Choice or, if applicable, our licensor. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion.
8. Video Content; Cookies
The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with Choice’s provision of hotel booking and related services. Choice is not in the business of renting, selling, or delivering Video Content in a commercial manner. You acknowledge and agree that Choice is not a “video tape service provider,” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710, or similar state laws.
Additionally, the Sites may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Sites (collectively, “Cookies”). Cookies may result in information about your use of the Sites being transmitted from your browser to Choice and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Choice under the VPPA and (b) you will not initiate any litigation or otherwise assert any claim against Choice based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
9. User Content
A. User Content Disclaimer
Certain aspects of the Sites may permit users to post, transmit, submit, upload, share, or make available (“share”) reviews, comments, communications, images, recordings, suggestions, questions, ideas, or other information or content (collectively, “User Content”). User Content has not necessarily been reviewed or approved by Choice, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, timeliness, or any other aspect of any User Content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Choice. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on such content. If you share any User Content, you are entirely responsible for that content.
B. Your License to Choice
By sharing User Content, you grant to Choice a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to (a) reproduce, translate, publish, distribute, display, broadcast, modify, alter, create derivative works of, and otherwise exploit and use such User Content in any manner throughout the world, in any media or format, and for any purpose, whether commercial or otherwise, and (b) use your name in connection with your User Content when exercising the foregoing rights (the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses.
You represent and warrant that (a) you own your User Content or (b) you have obtained all rights and permissions needed to grant the User Content License to Choice and, if the latter, that you have not altered or deleted any legal notice or copyright information attached to the User Content by the owner of such content. You acknowledge that you are not entitled to any monetary payment or other consideration in connection with the use of your User Content pursuant to the User Content License.
User Content shall not be deemed confidential, and Choice shall not have any obligation to keep such content confidential. You acknowledge and agree that, pursuant to the User Content License, we shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever, including developing, manufacturing, and marketing products or services incorporating or based on your User Content, all without any compensation or attribution to you.
C. Private Submissions
Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account. Personal information included in Private Submissions shall be treated in accordance with our Privacy and Security Policy. However, personal information included in User Content that is intended for public display on the Sites is licensed to us pursuant to the User Content License.
D. Use of Third-Party User Content
All User Content on the Sites is considered Choice Content. Therefore, aside from the limited right to access and use the Sites and Choice Content granted in the License, you may not make any use of User Content shared by another party without the prior written permission of the owner of such content.
10. Digital Millennium Copyright Act Notice
We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that material on the Sites infringes a copyright that you own or are authorized to enforce, please send a notice of copyright infringement (“Copyright Notice”) to our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.”
The contact information for our Designated Agent is as follows:
Trademark/Copyright Legal - DMCA Notices
Choice Hotels International
915 Meeting Street
Ste 600
North Bethesda, MD 20852
Phone: 301.592.5000
Email: trademarks@choicehotels.com
Attn: DMCA/Copyright Agent
Pursuant to the DMCA, a Copyright Notice must be a written communication that includes the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or by operation of law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyright that is claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a rejection of or delay in processing your Copyright Notice.
When we receive a substantially compliant Copyright Notice, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice and believe that the content was removed as a result of mistake or misidentification, you may send a counter-notification to the Designated Agent (“Copyright Counter-Notification”).
Pursuant to the DMCA, a Copyright Counter-Notification must be a written communication that includes the following information (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (d) your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who submitted the Copyright Notice or an agent of such person.
In an effort to protect the rights of copyright owners, we maintain a policy of suspending or terminating access to the Sites, in appropriate circumstances and where technically feasible, of users who we determine to be repeat infringers.
11. Accounts
To access certain areas and Features of the Sites, you must be a Choice Privileges® Rewards Program (the “Rewards Program”) member with an active account (each, an “Account”). You can apply to join the Program and create an Account for free at https://www.choicehotels.com/. There is no fee associated with application for or membership in the Program.
You agree to provide truthful and accurate information during the Rewards Program application and Account creation process. You also agree to maintain the accuracy of any information submitted to Choice in connection with your Account. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the Rewards Program application or Account creation process, we reserve the right to suspend or terminate your membership in the Rewards Program, your Account, and your use of the Sites.
You are responsible for preserving the confidentiality of your Account password and agree to notify us of any known or suspected unauthorized use of your Account. You agree that you are responsible for the acts and omissions of any person who uses the Sites while logged into your account.
12. Links
A. Linking to the Sites
You are prohibited from establishing a hyperlink to the Sites unless you are authorized by us in advance.
B. Links on the Sites
This Sites may contain links to External Sites, including those of Third-Party Partners. Such links are provided for your convenience only. We do not control and are not responsible for the content, products, services, terms and conditions of use, or privacy policies on or the security of External Sites. Without limiting the preceding sentence, we specifically disclaim any responsibility if External Sites infringe intellectual property rights; are inaccurate, incomplete, or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security and privacy; contain viruses or other items of a destructive nature; or are libelous or defamatory. Further, we do not endorse the content or any products or services available on External Sites.
13. Prohibited Uses of the Sites
A. Prohibited Conduct
You agree not to share any User Content or otherwise use the Sites in any manner that:
- Uses any robot, spider, other automatic device, or manual process to monitor or copy the Choice Content without prior express consent from us (such consent is hereby given for standard search-engine technology employed to direct Internet users to the Sites but not for any other purpose).
- Is designed to interrupt, interfere with, destroy, or limit the functionality, availability, or integrity of the Sites or any server, system, computer software or hardware, telecommunications equipment, or infrastructure that supports or is utilized by Choice to provide the Sites (collectively, the “Infrastructure”), including by means of software viruses or any other computer code, files, or programs;
- Imposes an unreasonable or disproportionately large load on the Sites or the Infrastructure;
- Causes Choice to lose (in whole or in part) the services of our internet service providers or other suppliers;
- Is false, misleading, defamatory, abusive, threatening, harassing, tortious, libelous, profane, obscene, vulgar, pornographic, discriminatory on the basis of race, religion, ethnicity, nationality, sex, sexuality, gender, age, or disability, or otherwise objectionable;
- Infringes any copyright, trademark, trade secret, patent, or other right of any party, including the publicity and privacy rights of any person (living or deceased);
- Impersonates any person or entity, including a Choice or a Choice employee or representative, or otherwise misrepresents your affiliation with a person or entity;
- Scrapes, harvests, collects, copies, or otherwise accesses or uses the Choice Content (including any rates, availability, or inventory data) for text/data mining purposes, for any commercial purpose, to develop, train, fine‑tune, test, benchmark, or improve any AI/ML system, or for any purpose not expressly permitted in these Terms;
- Involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Sites;
- Uses the Choice Content to advertise or solicit anyone to buy or sell any products or services (directly or indirectly), including hotel reservation services, without our express written approval.
- Harms minors in any way;
- Is designed to gain access to aspects of the Sites that you are not authorized to access or any Account that does not belong to you;
- Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites;
- Is designed to bypass, circumvent, disable, probe, test, scan, or otherwise interfere with any security, authentication, anti‑scraping, rate‑limiting, or other technical measures designed to protect the Sites or the Infrastructure, including measures intended to prevent unauthorized access to Accounts, guest information, and confidential information;
- Discloses content that you do not have a right to disclose pursuant to any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information received through employment relationships or under nondisclosure agreements, or discloses private or personal matters concerning any person without their permission;
- Consists of or involves any unsolicited or unauthorized advertising, charity requests, petitions for signatures, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
- Violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.
Choice has the right, but not the obligation, to monitor the Sites for the purpose of determining and enforcing compliance with these Terms. Further, we shall be free to delete, remove, modify, or refuse to post any User Content if we determine that (a) the content violates these Terms, (b) the content is stale or off topic for the applicable portion of the Sites, or (c) doing so is otherwise necessary or convenient in connection with our administration of the Sites.
Choice reserves the right to disclose any information to third parties, including your identity, Account information, and information about your use of the Sites, as we deem necessary to (a) monitor or enforce these Terms; (b) satisfy any applicable law, regulation, legal process, or governmental request; or (c) respond to claims that the Sites or your activities in connection therewith violate the rights of third parties.
You hereby waive any claims related to or resulting from any action or inaction of Choice related to (A) monitoring the Sites; (b) deleting, removing, modifying, or refusing to post any User Content; (C) determining or enforcing compliance with these Terms; or (D) cooperating with law enforcement or a governmental request concerning any matter related to the Sites.
B. No Prohibition on Reviews
Notwithstanding the use restrictions in Section 13(A), nothing in these Terms shall prohibit or restrict your ability to express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Choice, its employees or agents, or its services, to the extent that such Reviews are protected under applicable law, including any (a) “statement” protected by Cal. Civ. Code § 1670.8 or (b) “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b.
14. Booking on the Sites
A. Reservations; Payment Information
The Sites permit users to book reservations for lodging and accommodations at hotel properties operated by Choice, Franchisees, and Third-Party Partners (collectively, “Properties”) and for various services provided in connection with stays at such Properties (collectively, “Reservations”). If you wish to make a Reservation, you may be required to provide certain information, including your name, payment card or other accepted payment method, billing address, and/or other information needed to process the transaction (collectively, “Payment Information”).
The payment methods we accept for Reservations will be identified on the Sites and may change from time to time. You represent and warrant that you have the legal right to use any payment method you designate for a Reservation. You agree to provide current, complete, and accurate Payment Information and to promptly update your Account and Payment Information as necessary so that we can process your Reservation Requests, charge any amount due, and contact you as needed. By submitting Payment Information, you authorize Choice to provide such information to third parties for purposes of facilitating the transaction, including for payment processing, fraud prevention, and verification. Verification, preauthorization, and/or a deposit may be required before a Reservation Request is accepted.
B. Rates & Rate Terms; When You Are Charged
As used herein, a “Rate” is the price per night (or as otherwise quoted) for a Reservation for the applicable dates and occupancy. Each Reservation available on the Sites is offered at one or more Rates,
which may include promotional Rates available to Rewards Program members or other categories of users. Different Rates carry different payment, deposit, cancellation, refund, and other terms and conditions (“Rate Terms”), which will be disclosed on the Sites during the Reservation process. Rate Terms are Additional Terms and, as such, are incorporated into and form part of these Terms.
For certain Rates, payment of room charges and applicable taxes and fees is required at the time that the Reservation is made using an approved payment method, which may include a payment card and/or Rewards Program points. For other Rates, payment is not required until check in, check out, during your stay, or some other time prior to your stay, subject to any deposit or hold requirements, as communicated in the Rate Terms. Among other differences, some Rates have more limited cancellation and modification options than others. You should carefully review the applicable Rate Terms prior to submitting a Reservation Request.
By submitting a Reservation Request, you are (a) authorizing us or our designee to charge your designated payment method in the amount and at the time reflected in the Rate and Rate Terms, respectively, and (b) agreeing to pay all charges incurred by you or on your behalf in connection with the Reservation Request and Reservation, including taxes, resort or destination fees, service charges, and other mandatory fees applicable thereto. You are solely responsible for complying with all laws applicable to your stay and for any taxes or fees imposed by government authorities.
C. Reservation Requests; Confirmation; Cancellation
When you initiate a booking on the Sites by clicking “Book,” “Reserve,” or similar, such action constitutes a request to make a Reservation under the applicable Rate Terms (each, a “Reservation Request”). The Reservation Request has not been accepted until you receive a confirmation notice
(either on-screen or by email) that includes a booking confirmation number.
We reserve the right, in our sole discretion and at any time, to decline a Reservation Request or cancel or modify a Reservation for any or no reason, including due to (i) suspected fraud, abuse, or Prohibited Reservations; (ii) Errors that impact the Reservation Request or Reservation; (iii) non-receipt, decline, chargeback, or reversal of any required prepayment; (iv) property closures; (v) public health or safety concerns, force majeure, or extraordinary circumstances; or (vi) to comply with applicable law or requests of governmental authorities. We may condition continued validity of a Reservation on your satisfaction of additional verification, payment, or other requirements. If we decline a Reservation Request or cancel or modify a Reservation, we will attempt to notify you using contact information we have on file for you, and our liability to you shall not exceed the amount that you have been charged in connection with the Reservation Request or Reservation, if any.
For clarity, most Reservations are for Properties owned and operated by Franchisees and are therefore subject to fulfillment by the applicable Franchisee, not Choice. Each Franchisee is an independent business that may, apart from any action by Choice, cancel or modify a Reservation at its Property. Any such action by a Franchisee is a matter solely between you and that Franchisee, and you hereby release and waive any and all claims against Choice arising from or related to any Franchisee's cancellation or modification of a Reservation.
D. Prohibited Reservations
You represent and warrant that all Reservations you make or seek to make through the Sites will be legitimate, made in good faith, and for your personal use and/or the use of your invited guests who will actually occupy the accommodations, and not for other purposes. Without limitation, you agree that you will not (a) resell, assign, broker, or otherwise transfer Reservations or confirmation numbers; (b) post or advertise Reservations on third-party websites, marketplaces, or platforms; or (c) making speculative, false, or fraudulent Reservations, including Reservations made in anticipation of demand or to hold inventory (collectively, “Prohibited Reservations”).
E. Errors
We endeavor to ensure that (a) the information on the Sites, including Property details and availability and the applicable Rates and Rate Terms, is accurate and complete and (b) Reservation Requests are processed accurately, including by confirming availability at the applicable Property and properly applying any promotional Rates. Still, errors and inaccuracies with respect to the information on the Sites and our processing of Reservation Requests (collectively, “Errors”) may occur. We reserve the right to correct any Errors and to cancel or modify any Reservations affected by Errors, and you agree that our only liability to you in that event will be a refund of any amounts paid to us for the cancelled Reservation or portion thereof, as applicable.
F. Check‑In Requirements
To check in for a Reservation, the guest of record must satisfy the minimum checkin age requirement applicable to the Property (the “Age Requirement”). At most Properties, the Age Requirement is 18; some properties impose a higher Age Requirement, which will be disclosed during the booking process and/or by the Property. Upon arrival, you must present a valid, government-issued photo identification that matches the name in the Reservation details and meets the Age Requirement, together with a valid payment method under the same name. The Property may refuse accommodation or require an additional guarantor if these requirements are not met. If accommodation is refused for failure to satisfy the Age Requirement or identification/payment requirements, the cancellation, no-show, and early departure terms in the applicable Rate Terms shall apply.
G. Currency; Exchange Rates & Fees
Rates advertised on the Sites are presented in the currency selected by the Franchisee that owns and operates the Property in question (each, a “Property Currency”). The Property Currency may differ from the local currency of the jurisdiction in which the Property is located. Further, for certain Rate types, such as locally negotiated Rates, the Franchisee may present the Rate in a currency other than the Property Currency (each, a “Rate-Specific Currency”). You are responsible for reviewing, investigating, and understanding the currency in which Rates are displayed on the Sites before you submit a Reservation Request.
Conversions from a Property Currency or Rate-Specific Currency to other currencies may be provided, but, if so, this is done for convenience only and without any representation, warranty, or guarantee as to the accuracy of the conversion. Further, conversion rates fluctuate; the conversion rate in effect at the time of booking on the Sites may be different from the conversion rate in effect when you are charged in connection with your Reservation.
If your payment method is denominated in a different currency from what is displayed on the Sites at the time of booking, your card issuer or payment provider may apply exchange rates and fees. We are not responsible for any such fees.
H. Amenities & Images
The Sites may include information on and images of amenities and other features available at certain Properties (collectively, “Amenities”). Amenities vary by Property, including within the same hotel brand. A reference to an Amenity on the Sites does not guarantee that such Amenity is available at any given Property. While Property-specific pages may include Amenity details, we make no representation or warranty as to the accuracy of such information or the availability of any Amenities, as Amenities listed thereon may be (a) seasonal, fee-based, limited in quantity, unavailable at certain times, or available only for certain room types or customers; (b) temporarily unavailable due to maintenance, renovation, occupancy levels, safety requirements, local laws, weather, or other causes; or (c) listed in error. Amenities are subject to change without notice. We recommend contacting the applicable Property to confirm the availability of any Amenities of interest.
Photographs, videos, renderings, floor plans, and other images presented in connection with particular Properties, including on Property-specific pages (collectively, “Property Images”), are provided for general illustrative purposes only and may not reflect the current or actual features, layout, furnishings, views, condition, or availability of any room, area, or Amenity at a Property. Property Images may depict model or sample rooms, staged spaces, or Amenities that are discontinued, temporarily unavailable, fee-based, or not available to all guests. Appearance may vary due to lighting, camera settings, screen display differences, or other causes. As such, we make no representation or warranty that any Property Image is current, accurate, complete, or reflective of your specific Reservation or experience, and the inclusion of any Property Image on the Sites does not constitute a guarantee that any depicted Amenities will be available during your stay.
I. Booking via Third‑Party Channels
If you make a Reservation through a third-party travel site or agency, your booking is subject to that provider’s terms, and any modifications or cancellations must be handled through that provider. We are not responsible for the acts, omissions, or representations of third parties and may be unable to assist with changes or refunds for third‑party bookings.
15. Products
A. Orders
In addition to Reservations, users may be permitted to place orders (“Orders”) for the purchase of products and services offered on the Sites (collectively, “Products”). If you wish to place an Order, you will be required to supply certain Payment Information.
The payment methods we accept for Orders will be identified on the Sites and may change from time to time. You represent and warrant that you have the legal right to use any payment method you designate for an Order. You agree to provide current, booking complete, and accurate Payment Information and to promptly update your Account and Payment Information as necessary so that we can process your Order, charge any amount due, and contact you as needed. By submitting Payment Information, you authorize Choice to provide such information to third parties for the purpose of facilitating the Order, including for payment processing, fraud prevention, and verification. Verification may be required prior to acceptance or completion of an Order.
Your placement of an Order—which occurs when you select “Place Order,” “Pay Now,” or a similar option at the conclusion of the online checkout process—constitutes a request to purchase the relevant Product. All Orders are subject to our review and acceptance. You may receive an automated confirmation email upon placing your Order; if so, this email acknowledges receipt of your Order but does not constitute acceptance. Acceptance of your Order occurs when we send a confirmation email indicating that your Order has been processed and shipped or otherwise fulfilled. We reserve the right to reject, modify, and cancel Orders (including after acceptance) as we deem necessary, and we shall have no liability to you other than providing a refund, if applicable. Without limiting the preceding sentence, we reserve the right to limit quantities purchased per person, per household, or per Order. If we reject or modify an Order, we will attempt to notify you via the information we have on file for you.
The shipping methods available for Orders of physical products will be presented on the Sites. When an Order has been confirmed, accepted, and processed, we will ship the Product according to the applicable shipping method. We only ship Products to certain geographic areas. If you request shipment to an address in a geographic area to which we do not ship, either (a) you will be prevented from submitting the Order or (b) we will reject the Order upon receipt or otherwise communicate with you regarding the issue. We reserve the right to send components of a single Order in multiple shipments. Unless we agree otherwise, the risk of loss for and title to any physical Products passes to you upon delivery to the carrier. Orders for digital or other non-physical Products will be delivered or made available to you as described on the applicable Product or checkout page.
You agree to pay all charges incurred by you or on your behalf in connection with Orders placed on the Sites at the price in effect when incurred, including any shipping charges. You are solely responsible for any taxes applicable to your Orders, regardless of whether tax is included in the price presented on the Sites. Further, it is your responsibility to comply with all laws applicable to your Orders and any Products acquired as a result thereof. Any offer made on the Sites is void where prohibited.
B. Product Information
There may be Errors in the Product information on the Sites, including Product descriptions, pricing, promotions, offers, and availability (collectively, “Product Information”). We reserve the right, at any time and without notice, to correct any Errors, change or update Product Information, and to modify, suspend, or discontinue any Product or promotion.
Photographs or other depictions of Products on the Sites (collectively, “Product Images”) are provided for general illustrative purposes only and may differ from the actual Products. Without limiting the preceding sentence, we cannot guarantee your Authorized Device’s display of the colors of Products will be accurate. Differences in color and other variations between a Product displayed on the Sites and the actual Product are possible due to display technologies and other reasons. To the fullest extent permitted by law, we disclaim all representations and warranties, express or implied, regarding Product Images, and you agree that your reliance on Product Images is done entirely at your own risk.
If a Product you order is not as described, pictured, or otherwise does not meet your expectations, your sole remedy is to return the Product, to the extent available under the applicable return policy.
16. Travel Destinations
Travel to certain destinations where Properties are located may involve heightened risks, including health, safety, security, and regulatory considerations. Choice strongly urges you to review current travel prohibitions, warnings, announcements, and advisories issued by competent authorities, including the U.S. Department of State, the U.S. Department of Transportation, the Transportation Security Administration, U.S. Customs and Border Protection, the U.S. Department of the Treasury’s Office of Foreign Assets Control, and the U.S. Centers for Disease Control and Prevention, before booking or commencing travel in connection with a Reservation.
If you book a Reservation on the Sites, you are responsible for all legal requirements and health and safety determinations and precautions related to your travel to the relevant destination, including
(a) determining and complying with all entry, visa, passport, vaccination, testing, insurance, customs, currency, and other legal or health requirements; (b) monitoring evolving conditions (including public health emergencies, civil unrest, and natural disasters); and (c) assessing whether travel to a particular destination is appropriate in light of their personal circumstances. Choice does not control and is not responsible for the accuracy, completeness, or timeliness of governmental or other third-party information related to any such risks or requirements.
Choice does not represent or warrant that travel to, or accommodations in, any destination where Properties are located is advisable, safe, or without risk. All travel decisions are the traveler’s own, and travel is undertaken at the traveler’s sole risk. To the fullest extent permitted by applicable law, Choice disclaims all warranties, express or implied, including any warranties of safety or reliability of local conditions and shall not be liable for any injury, illness, loss, damage, cost, or expense of any kind arising out of or relating to travel to, or stays in, any destination, including due to governmental actions, public health events, security incidents, force majeure, or other circumstances beyond Choice’s reasonable control.
17. Contact by Telephone and Text Message
You understand that by releasing your telephone number to Choice, you are providing Choice and its affiliates, vendors, agents, or designees, with consent to contact you at the telephone number provided, using any technology, for any non-marketing purpose. For avoidance of doubt, you understand and agree that the telephone equipment and technology utilized by Choice does not have the capacity to randomly or sequentially generate telephone numbers, or to send calls or text messages without human intervention, but you nevertheless agree to receive autodialed calls or text messages or prerecorded voice calls to any telephone number you provide to us at any time.
You also acknowledge and agree that when you submit a Reservation Request with the “Text Confirmation” feature selected, you, and not Choice, will be deemed to have initiated any ensuing text messages to the telephone number you provided, and that you are fully responsible for the initiation of such text messages. You further understand and agree that if you submit a Reservation Request with the “Text Confirmation” feature unselected, this will not otherwise limit your consent to be contacted by telephone as detailed in the preceding paragraph. You understand and agree that any attempt to contact you concerning the status of your Reservation or your stay is not a marketing communication.
You further agree that if you wish to opt out of telephonic communications with Choice, you will first follow the opt-out instructions provided by Choice, if any, before attempting to opt out by other reasonable means. You further warrant and represent that you will not provide to Choice any telephone number that is not assigned to you, and that if you obtain a new telephone number, you will promptly notify Choice, including, when applicable, by updating your Rewards Program membership information.
18. Limitation of Liability
A. The Sites
You expressly understand and agree that Choice, its parents, subsidiaries, affiliates, successors, assigns, suppliers, and licensors, and each of their officers, shareholders, managers, employees, agents, directors, and licensees (the “Released Parties”) shall not be liable for any of the following damages arising in connection with your use of or inability to use the Sites: (a) indirect, punitive, consequential, incidental, special, statutory, exemplary damages; (b) loss of profits, revenue, business, goodwill, use, or data, in all cases whether direct or indirect; (c) damages, including for any delay or failure in performance, arising from causes beyond the reasonable control of the Released Parties; (d) damages arising from the conduct of other users of the Sites or their user content; or (e) damages relating to the delay, failure, interruption, disclosure, or corruption of any data or information transmitted in connection with your use of the Sites.
B. Franchisees and Third-Party Partners
Choice owns and operates a limited number of Properties, all of which are within the United States. All Properties outside the United States, and most Properties within the United States are independently owned and operated by franchisees of Choice (“Franchisees”). In addition, a limited number of Properties may be operated by third-party hospitality companies (i.e., non-Choice brands), and some products and services offered on the Sites may be provided by third-party service providers (all such third parties, “Third-Party Partners”). You expressly understand and agree that Choice shall have no liability, and you hereby expressly waive any claims against Choice, for any damages arising from, attributable to, or related to the acts or omissions of any Franchisee or Third-Party Partner.
C. Maximum Liability
In no event shall the collective liability of the Released Parties in connection with any Dispute exceed the greater of (a) $500 USD or (b) the total amount paid by you to the Released Parties in the twelve (12) months preceding the date on which your claim arose (or, if the Dispute involves multiple claims, the date on which the first such claim arose).
D. Applicability; Additional Rights
The terms of this Section 18 shall apply to the fullest extent permitted by applicable law, regardless of the form of the action or legal theory and whether choice was aware of or advised in advance of the possibility of such damages or claims, and even if a remedy fails of its essential purpose. You acknowledge and agree that we would not be able to make the sites available to you without the limitations of liability set forth in these terms, and that they are therefore fundamental elements of the basis of the bargain between you and choice.
Some jurisdictions do not allow the exclusion of liability for certain damages. As such, some of the limitations of liability in this Section 18 or elsewhere in these Terms might not apply to you, in whole or in part. Notwithstanding anything to the contrary herein, nothing in these Terms seeks to limit our liability in a manner that is prohibited by applicable law. You agree, however, that all liability limitations in these terms shall apply to the greatest extent permitted by applicable law.
19. Disclaimer of Warranties
A. The Sites
To the fullest extent permitted by applicable law, we provide the Sites on an “as is” and “as available” basis, and we expressly disclaim all warranties of any kind, either express or implied, including any implied warranties of merchantability, noninfringement of intellectual property, and fitness for a particular purpose.
Without limiting the preceding sentence, we make no warranty that (a) the Sites will meet your requirements or will be uninterrupted, timely, secure, or error free, or free of viruses, errors or other harmful components; (b) the Choice Content will be accurate or reliable; (c) the quality of any products, services, information, or other material purchased or obtained by you through the Sites will meet your expectations; or (d) any errors on the Sites will be corrected. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, opinion, advice, or other content available through the Sites and to consult professionals as needed in such evaluation. You understand and agree that any content or software downloaded or otherwise obtained through your use of this Sites is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results therefrom.
No advice or information, whether written or oral, provided by Choice, by a choice employee or agent, or on the Sites, shall create any warranty with respect to your use of the Sites.
B. Franchisees and Third-Party Partners
Choice makes no representation or warranty, express or implied, related to the performance or conduct of its Franchisees or any Third-Party Partners or the quality of the products and services of any such parties. Without limiting the preceding sentence, we expressly disclaim any representations or warranties as to (a) the quality, reliability, security, or any other aspects of the products or services offered by Franchisees and Third-Party Partners, including whether such products and services will meet your expectations or needs; and (b) the accuracy, reliability, quality, or other aspects of any content or information provided by such parties in connection with the provision of their products and services.
C. Additional rights
Some jurisdictions do not permit certain warranties to be disclaimed. As such, the warranty disclaimers in this Section 19 or elsewhere in these Terms might not apply to you, in whole or in part. Notwithstanding anything to the contrary herein, nothing in these Terms seeks to exclude any warranties that cannot be excluded under applicable law. You agree, however, that all warranty disclaimers in these Terms shall apply to the greatest extent permitted by applicable law.
20. Indemnification
You agree to indemnify, hold harmless, and (at their option) defend the Released Parties from and against any and all judgments, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your (a) breach of these Terms; (b) any User Content that you share; (c) your interactions with other users of the Sites or other guests at Properties; or (d) your violation of any law or the rights of any third party.
You agree that the Released Parties shall have the right to assume exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate if and as requested by us in the defense and settlement of such matter. If a Released Party assumes defense and control of any such matter, this shall not relieve you of your indemnification obligations. You agree never to settle any matter for which your indemnification is required without our prior written consent.
Separately, if you initiate, or threaten to initiate, any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made or provided pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or your threat of the same.
21. Dispute Resolution
You and Choice agree that if there is any dispute, claim, action, or controversy between you and Choice arising out of or relating to (a) your use of the Sites, (b) Reservations, (c) stays at Properties, or (d) these Terms (including, for avoidance of doubt, the Privacy and Security Policy and all Additional Terms) or the breach, termination, enforcement, interpretation or validity thereof (each, a “Dispute”), such Dispute shall be resolved through the dispute resolution procedures set forth in this Section 21, even if the Dispute arose prior to the Effective Date of these Terms.
A. Informal Dispute Resolution
You and Choice agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (each, a “Dispute Notice”).
All Dispute Notices must: (a) be signed by the Complaining Party; (b) include the Complaining Party’s name, physical address, and email address; (c) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (d) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Choice. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.
Dispute Notices shall be sent as follows:
- To Choice: You must send notice (1) by electronic mail to legalnotices@choicehotels.com and (2) by first-class or certified mail to Choice Hotels International, Inc., ATTN: Legal Department, 915 Meeting St Suite 600, North Bethesda, MD 20852
- To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.
You and Choice will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Choice (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Choice will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Choice agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.
B. Individual Arbitration
If any Dispute cannot be resolved by the Informal Dispute Resolution Procedure, you and Choice agree that such Dispute shall be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that neither party will have, and each party hereby waives, the right to have a judge or jury to decide its claims, and that neither you nor Choice is permitted to proceed in a class, consolidated, collective, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect (the “JAMS Rules”), as modified by these Terms, before one arbitrator to be mutually agreed upon by the parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (www.jamsadr.com/consumer-minimum-standards) (the “Minimum Standards”) if it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute; otherwise, the Minimum Standards shall not apply. The location of any hearings will be determined by the JAMS Rules, provided that if the claim is for $5,000 or less, you may choose to (a) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (b) hold a hearing by teleconference or videoconference.
The arbitrator, and not any court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. For the avoidance of doubt, you and Choice agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 21 or the arbitrability of any claim or counterclaim. The arbitrator shall have the same authority as a court of competent jurisdiction to award all remedies available under applicable law. The award rendered by the arbitrator may be confirmed and enforced in a court of competent jurisdiction.
You and Choice agree to keep confidential any arbitration filings, evidence, transcripts, orders, and awards (the “Arbitration Materials”), except that the Arbitration Materials may be disclosed by either party: (a) to the arbitrator, the arbitration administrator, and their staff; (b) to such party’s counsel, witnesses, experts, insurers, auditors, and other advisors with a need to know who are bound by customary confidentiality requirements; (c) as reasonably necessary to prosecute or defend the arbitration; (d) as reasonably necessary in a court proceeding related to the arbitration or brought to enforce these Terms (while using reasonable efforts to seek sealing or other protections); (e) as required by law, regulation, subpoena, court order, or stock‑exchange rule; (e) to regulators or law enforcement, or as part of protected whistleblower activity; and (f) to potential acquirers, investors, or lenders subject to customary confidentiality obligations.
C. Mass Arbitration
This Section 21(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms.
If you or Choice files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed by parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Rules”). The Mass Arbitration Rules are available at www.jamsadr.com/mass-arbitration-procedures.
You and Choice agree that, in the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 21 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
D. Exceptions
In lieu of the dispute resolution procedures in Section 21(A)-(C), you or Choice may elect to (a) bring a claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction); and (b) file a claim in court to enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms (collectively, “Excepted Claims”).
You and Choice agree that, to the extent permitted by applicable law, Excepted Claims must be brought and maintained on an individual basis. For avoidance of doubt, the Informal Dispute Resolution Procedures are not a condition precedent to filing an Excepted Claim.
E. Non-Arbitrable Claims
Notwithstanding anything to the contrary in these Terms, neither party may file a Demand for Arbitration that consists of or includes any claims that (i) constitute or amount to a repudiation of these Terms, (ii) seeks relief barred by these Terms, or (iii) alleges that these Terms do not constitute a legally binding agreement between you and Choice (“Non-Arbitrable Claims”).
You and Choice agree that, to the greatest extent permitted by applicable law, (a) a court of competition may enjoin the arbitration of Non-Arbitrable Claims; (b) neither party shall have, and each party hereby waives, any right to compel arbitration of Non-Arbitrable Claims; and (c) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with any Non-Arbitrable Claims. Non-Arbitrable Claims may be brought and maintained solely in a court of competent jurisdiction.
F. Additional Forms of Relief
Nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
For EU consumers: If you submit a Dispute Notice to Choice and, within 60 days after Choice’s receipt of such Dispute Notice, either (a) the Dispute has not been resolved to your satisfaction or (b) you receive no reply from Choice, you are permitted to engage the services of the Tourism and Travel Mediator, whose contact details and methods of referrals are available on the following website(s): For Properties in France: https://www.mtv.travel/je-saisis-le-mediateur/ with postal address BP 80 303 75 823, Paris Cedex 17, France; for Properties elsewhere in the EU: https://ec.europa.eu/consumers/odr/.
22. Governing Law; Forum for Non-Arbitrated Disputes
A. Governing Law
We control and operate the Sites in the State of Maryland in the United States. Accordingly, the laws of the United States and the State of Maryland govern these Terms and your use of the Sites, without regard any conflicts of law principles that would result in the application of the laws of any other jurisdiction. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
B. Forum for Non-Arbitrated Disputes
Except for claims properly lodged in a small claims court in the United States, any Disputes not subject to arbitration pursuant to Section 21, including those referenced in Sections 21(D) and 21(E), shall be resolved by a court located in Maryland, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such Dispute.
23. Termination of these Terms
These Terms will continue to apply until terminated by either you or Choice. We may terminate these Terms, or suspend or terminate your access to the Sites, at any time if (a) we believe you have breached these Terms, (b) we stop providing the Sites or any material component thereof, or (c) as we believe necessary to comply with applicable law. You may terminate these Terms at any time by discontinuing your use of the Sites and, if applicable, deleting your Account. If you need assistance deleting your Account, please contact us using the contact information provided in Section 25.
If you or we terminate these Terms, or if we suspend or terminate your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you in connection with the same; and (c) except as expressly provided otherwise by Choice, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by Choice or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.
The following provisions shall survive the termination of these Terms: Sections 5, 6 (excluding the License), 8, 9, 16, 17, 18, 19, 20, 21, 22, and 24, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
24. Miscellaneous
A. Interpretation
In these Terms, the words “include,” “includes,” and “including” shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Choice, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.
B. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
C. No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Choice.
D. Compliance with Laws
Choice controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so at their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations.
E. Notice to California Residents
If you are a California resident, with respect to any warranty disclaimers and liability limitations in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Further, California residents may reach (a) Choice at the contact information provided in Section 25 and (b) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
F. Notice Regarding Apple
If you download any of our Apps from Apple, Inc’s (“Apple”) App Store, or if you are using an App on an iOS device, the following terms and conditions apply to you:
i. These Terms are between you and Choice. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. To the extent that you download an App from the App Store or use an App on an iOS device, the License is (1) limited to a license to use the App on Apple-branded products you own or control and (2) subject to (a) the Usage Rules set forth in the App Store Terms of Service and (b) any applicable third-party terms.
ii. Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
iii. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
G. Admissibility
You agree that all agreements, notices, disclosures, and other communications that Choice provides to you (a) via a notice on the Sites or (b) an email to an address that we have on file for you will satisfy any legal requirement that such communications be in writing. You further agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings (including arbitration) based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
H. Waiver/Severability
The failure of you or Choice to exercise or enforce any right under or provision of these Terms will not constitute a waiver of such right or provision
I. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
J. Entire Agreement; Reservation of Rights
These Terms (including, for clarification, all Additional Terms) set forth the entire understanding and agreement between you and Choice with respect to your use of the Sites. Any rights not expressly granted to you herein are hereby reserved by Choice.
K. Translations
As a service to our customers, we make these Terms of Use available in several different languages. In the event of any discrepancies between the various translations of these Terms of Use, the English version of the Terms of Use is the authoritative one.
25. Contact Information
If you have any questions, comments, or concerns about the Sites or these Terms, please contact us at:
Choice Hotels International, Inc.
915 Meeting St Suite 600
North Bethesda, MD 20852
1 (800) 300-8800