Last Revised on October 20, 2022
AGREEMENT BETWEEN YOU AND HOKEN HOLDINGS INC.
The "gohoken.com" website (the "Site") and the application (the "App") is provided to assist customers in searching for hotel rooms, making hotel reservations, trading hotel room reservations, selling hotel room reservations, establish and manage a Roomfolio, or otherwise transact business with hotel consumers, suppliers, or traders. The terms "we", "us", "our", and "Hoken" refer to Hoken Holdings Inc., a Delaware corporation. "Hoken Partner" means any co-branded and/or linked website or app through which we provide links, content or service. The term "you," "customer," or "guest" refers to the persons visiting the Site for the purposes listed in the first sentence of this paragraph.
The following applies to the App if accessed through or downloaded from the Apple Store:
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Hoken and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hoken.
You and Hoken acknowledge that, as between Hoken and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Hoken prefers to resolve any problem or dispute with a customer. If our efforts do not lead to resolution, you or we may pursue claims as explained below.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to firstname.lastname@example.org. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Site and the App (including, but not limited to, price and availability of hotel rooms) as well as the infrastructure used to provide such content and information, is proprietary to Hoken or other parties. Therefore, you are prohibited from engaging in the activities listed below.
No Market or Price Manipulation. You shall not attempt to manipulate the supply of hotel rooms available in relation to any event with the view to manipulate or artificially inflate the price of the hotel rooms on the Site or the App including, but not limited to, through the creation or use of multiple accounts in order to evade hotel room purchase limits or for the purchase by third parties.
No Usage of Automated Means. You may not access, monitor or copy any content or information of the Site or the App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions in our Site, App, or hotel room reservation marketplace. You may not use ticket bot technology to search for, reserve, or purchase hotel room reservations. For the avoidance of doubt, this specifically prohibits you from using automated hotel room purchasing software in our Site, App, or hotel room reservation marketplace, and prohibits you from circumventing any security measure, access control system, or other technological control or measure in our Site, App, or hotel room reservation marketplace that is used to enforce hotel room reservation purchasing limits or to maintain the integrity of hotel room reservation order rules.
Limited Reproduction Only; Non-Infringement of Intellectual Property; Non-Usage of Proprietary Information. Although you may make limited copies of your hotel room reservations, you shall not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site or our App; provided, however, and for the avoidance of doubt you may purchase, sell, or trade room reservations including setting and modifying the price in relation to any sale or trade of a hotel room reservation that you purchased.
No Commercial Purpose.You may not use this Site or its contents for any commercial purpose other than purchasing, selling, trading hotel room reservations, or establishing and managing a Roomfolio.
No Framing or Mirroring. You shall not "frame", "mirror" or otherwise incorporate any part of this Site into any other Site or the App into another application without our prior written authorization.
Violate Restrictions. You shall not violate the restrictions in any robot exclusion headers on this Site or the App, or bypass or circumvent other measures employed to prevent or limit access to this Site or the App.
Abuse of Resources. You shall not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
If your booking or account shows signs of fraud, abuse or suspicious activity, Hoken may cancel any travel or service reservations associated with your name, email address or account, and close any associated Hoken accounts. If you have conducted any fraudulent activity, Hoken reserves the right to take any necessary legal action and you may be liable for monetary losses to Hoken, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact email@example.com.
Hoken believes in protecting your privacy. Please click here to review our current Privacy Statement, which also governs your use of the Site and, as stated above, is incorporated by reference, to understand our practices: [insert link to Privacy Statement]
Hoken offers an online secondary marketplace that allows you to buy and sell hotel room reservations. As such, our marketplace services are merely designed to act as a marketplace to connect buyers, sellers, traders and for transactions listed or taking place via Hoken’s hotel room marketplace. While Hoken does curate hotels and hotel rooms offered for sale on the Site, Hoken makes no guarantee with respect (i) to the quality, safety, or compliance with local law of the hotel rooms, (ii) the truth or accuracy of a hotel’s listings or content, (c) the ability of sellers to sell hotel room reservations or the ability of buyers to pay for them, or (d) that a seller, buyer, or trader will complete any transaction.
Hoken may provide the original hotel room reservation price for a booking being sold on our hotel room marketplace prior to purchase, in accordance with applicable law. As a buyer, you should understand that (i) Hoken can only provide the original price if we have access to the information, either from our own records as the original seller of the hotel room reservation for or from the seller themselves, and (ii) in the event we receive this information from the seller, we do not independently verify the truthfulness or accuracy of such information.
Unless otherwise expressly stated by Hoken, the display of any hotel room reservations, sellers, or traders on our marketplace does not in any way imply, suggest or constitute an endorsement by us of those hotel room reservations, seller, or traders.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of hotel rooms. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any hotel or supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the hotel or supplier's rules and restrictions regarding availability and use of products or services. Hotels or suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Hoken is not liable for any costs incurred due to hotel relocation.
Each hotel may be accompanied by “Hotel Policies” in which special terms relevant for such hotel are specified, including without limitation, surcharges for additional children in the room. The customer is responsible for reviewing all such terms that are relevant to the booking and to make sure that the booking made is consistent with those special terms.
When you check into a hotel booked on Hoken you agree to be bound by the hotel’s specific policies which includes certain conditions and guest rules including but not limited to check-in and check-out times, quiet hours, appropriate attire in public areas, limited or no access to restricted areas, appropriate behavior on the property that does not infringe on other guests' quiet use and enjoyment of the property, appropriate use and time of use of shared facilities, safe and appropriate use of dangerous equipment or facilities such as pools, gym weights, and gym machines (and preventing underage guests from accessing such facilities without required adult supervision), non-removal of furniture and fixtures from the property, and required additional fees payable at the hotel such as resort fees or pay per use fees like valet, self-parking, extra person fees, rollaway bed fees, and/or late check-out fees. Hoken assumes no liability for guests who are fined or evicted from the property for failure to abide by the hotel’s policies. Hoken also assumes no liability due to guests’ negligence or hotel’s negligence and our only role is to facilitate the booking between buyers and sellers on the Hoken platform.
In the event that any hotel is unable to provide one or more travel products specified in the Booking, Hoken will inform the customer promptly following receipt of notice from the hotel to such effect. If the hotel cannot find a suitable accomodation for the guest that is consistent with the Booking, the Hoken Room Promise will refund the guest.
Complaints must be reported by the guest to the hotel on a real-time basis. Hoken will not be liable for any complaints to hotels nor bears any responsibility in relation to such claims. The guest is responsible for making the hotel aware of any complaints and compensation claims for a problem which could have been rectified during the customer’s stay.
PREPAID HOTEL RESERVATIONS
You acknowledge that Hoken pre-negotiates certain room rates with property suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Site or the App is a combination of the room rate for rooms reserved on your behalf by Hoken, a mark-up to the rate if Hoken is the primary issuer of the reservation, and the fees retained by Hoken to compensate us for our services. You authorize Hoken to book reservations for the total reservation price, which includes the room rate displayed on the Site or the App, a mark-up to the rate when Hoken is the primary issuer of the reservation plus tax recovery charges, fees, and where applicable, taxes on Hoken’s fees. You agree that your credit card will be charged by Hoken for the total reservation price. Upon submitting your reservation request you authorize Hoken to facilitate property reservations on your behalf, including making payment arrangements with property suppliers. Payments are non-refundable.
The price of hotel rooms will be as quoted on the Site or the App from time to time, except in cases of obvious error. Hoken is not liable for any omissions, errors, or correctness of any part thereto. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Hoken’s best efforts, some of the travel services listed on the website may be incorrectly priced. HOKEN EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. Hoken is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, Hoken does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid property transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Hoken pays to the property supplier for taxes due on the property's rental rate for the room. The property suppliers invoice Hoken for tax amounts. The property suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Hoken does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Hoken to the property suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property by our customers. We retain our fees as compensation in servicing your hotel room reservation. Our fees vary based on the amount and type of property reservation.
Sales, use and/or local property occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your property stay.
You agree and acknowledge that you are solely responsible for any tax related obligation or liability in connection with the sale or trade of a hotel room reservation in the Hoken marketplace.
Your ability to build your Roomfolio may be limited by the sources we use to book hotels, which may limit your ability (or the ability of a guest) to arrange for group bookings.
PROLONGED STAY BOOKINGS
You may not book more than 28 nights online for the same property. If we determine that you have booked more than 28 nights in total in separate reservations, we may cancel your reservations, and charge you with a cancellation fee, if applicable, if you paid a non-refundable deposit, your deposit will be forfeited.
TRADING OR SELLING HOTEL ROOMS
Subject to a processing fee charged by Hoken, you may sell or trade the hotel reservations you purchase through the Site (and only through the Site) at your own risk. Hoken cannot guarantee the sale or trade of any hotel room reservation through Hoken’s marketplace. You are responsible for setting the price of the room less hotel taxes and fees, which includes Hoken’s processing fee.
After Hoken’s receipt of money as a result of any trade or sale activity performed by a customer, Hoken will pay to the selling customer the applicable sales price, less any fees, charges, set-off and other amounts due to Hoken in accordance with the terms herein. A selling customer will not receive any interest or any other earnings on any funds held by Hoken. As between the selling customer and Hoken, the selling customer is responsible for the payment of any and all sales taxes, use taxes, and any other tax relating to the sale or trade of any of his or her hotel reservations. The selling customer is exclusively responsible for any bookkeeping, accounting, and reporting obligations to substantiate any tax amount due or payable to any governmental authority.
Hotel ratings, information, maps, and images displayed on the Site or the Appare unofficial and intended as a guideline only and are not binding upon us in any respect. We do not guarantee the accuracy of the ratings.
Guest rooms are allocated by hotels upon check-in at the hotels' sole discretion. Special requests such as non-smoking rooms, adjoining or interconnecting rooms, high or low floors etc., may be requested by the guest at check-in but are not guaranteed.
Hotel check-in and check-out times may vary. It is the sole responsibility of customer or guest to confirm the check-in and check-out times although generally the check-in time in most hotels is 3:00 p.m. or 4:00 p.m. local time and the check-out time is 11:00 a.m. or 12:00 p.m. noon local time.
Hotels usually keep the rooms booked for you until 6:00 PM local time on the day of arrival. If you expect to arrive at the hotel after this hour, we advise that you contact the hotel on the day of your check-in with your estimated arrival time. Should you fail to do so, the hotel has the right to resell the room, and might not be able to accommodate you when you arrive. Providing the hotel with the "late arrival" information is your responsibility, and we will not be held liable for any problems or liability arising out of your failure to do so. This policy also applies to any facilities or properties having limited front desk working hours.
Please be aware that hotels are under renovation from time to time. Hotels generally take all possible steps to limit disruption to their guests. We will not accept complaints, or requests for refunds, if a hotel is carrying out renovations while a customer is resident there.
The number/type of beds is as described. Hotels may have the right to accommodate more than two guests in a room with one double bed or two separate single beds.
The room types are SGL (rooms with one single bed); DOUBLE (rooms with one double bed or two separate single beds); TWIN (rooms with two single beds); TRPL / accommodating 3/ & QUAD /accommodating 4/ - may consist of twin or double bed/s/ plus an extra bed or two double beds. Extra beds are usually in the form of a "roll away" and not full size.
If a customer desires an extra bed, customer must request such bed to the hotel at the time of check-in. Hoken does not guarantee that the hotel will honor such request.
In some hotels, no additional bed is provided for a child if the addition of a child is not subject to any charges or is subject to a reduced price. A hotel may impose additional charges for children staying in a room with two (2) or more adults.
Should any guest on arrival be found to be a corporate client, then the hotel may waive the booking and charge the full rack rate. Hoken cannot accept any responsibility if the guest has a "corporate rate" agreement with the particular hotel/chain, and the hotel refuses to honor such booking.
Hotels may request the guest to present his/her official travel document (passport) and/or other identification certificate.
Kindly note that hotels may refuse to accommodate guests under the age of 18\21 years old, travelling without their legal guardians.
A valid government issued photo ID and credit card for security deposits, resort fees, and/or incidentals will be required by the hotel at check-in. The name on the credit card must match the name on the government issued ID and the name on the hotel reservation booking.
Children. Given that each hotel property applies its own special conditions or discounts relating to children, the customer shall enquire about this point at the time of check-in with the hotel. In the event that the guest requires a crib, please contact the hotel at the time of making the reservation, as some hotels have a limited availability of cribs. This extra service can be paid by you at the hotel, if offered.
Third Person in Accommodation Services. There are hotels with very few available extra beds, so the guest should procure their availability when making the reservation. Failure to do so may result in the non-availability of the extra bed at the hotel. The Hoken Room Promise does not cover any situation in which the failure to find a suitable accomodation is due to the failure of a hotel to make an extra bed or extra beds available.
No Show in Accommodation Services. You will lose your right to the hotel room in the event that you do not show up. Hotel room reservations are non-refundable in their entirety.
Modifications. The customer shall not be allowed to modify a hotel room reservation booking, but may resell or trade such booking up to 96 hours before midnight of the check-in date at which point Hoken will modify the name in the booking to reflect the new owner of the booking. Any such changes shall be deemed to be a cancellation of the booking. If the guest desires to extend the hotel room reservation period, the guest may present a request at check-in, which request is subject to availability and hotel policies. In the event of an extension, the price shall be modified accordingly by the hotel. Extended stays may require checking-out of your existing room and checking into a new room for the added duration of the stay.
Cancellations. As Hoken has a built-in hotel room trading marketplace, hotel reservations may not be cancelled and are not refundable.
THE HOKEN ROOM PROMISE
In the event the hotel is overbooked and cannot provide a suitable accommodation consistent with the booking (i.e., significantly not as described in the booking), Hoken will refund a guest for which the hotel cannot provide suitable accommodations consistent with the booking.
Throughout the year, some hotel properties may change name or trade name, which shall not be construed as a change of accommodation establishment or modification of the booking.
In some countries, there is a local tax known as “visitors’ tax,” “city tax,” “tourist tax” (or a similar concept or name) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the guest at the hotel and/or at the airport. Hoken may provide, at the time of the booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”). Notwithstanding the foregoing, Hoken does not warrant that the Local Tax/Fee estimations shall be accurate and the customer acknowledges and agrees that the Local Tax/Fee estimations are provided as estimates only. The customer further acknowledges that Local Tax/Fee estimations may change from time to time. As a result, Hoken cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/or Fee estimations. Confirmation of and the accuracy of the Local Taxes/or Fee estimations is ultimately the responsibility of the guest.
The categories of the hotel properties have been provided by the hotels themselves and are in accordance with specific regulations applicable in each country. A hotel in one country, therefore, may not be similar in terms of services and quality to a hotel in another, despite belonging to the same category.
In some countries the legal adult age may differ depending on the relevant local legislation. It will be the sole responsibility of the end consumer to ensure that he/she is at least of legal age in order to check in to the hotel.
Most hotels may request a holding deposit on credit or debit card from end consumers upon arrival at the accommodation establishment for incidental charges incurred during the end consumer’s stay, including but not limited to, long distance telephone charges, room service, resort fees, in-room movies, damage or theft of property belonging to the accommodation establishment, mini bar usage and other such amenities.
The credit or debit card offered to the hotel must have a name that matches the name of the owner of the reservation and of a validly issued government identification card or passport.
FOR CUSTOMERS BASED IN THE UNITED STATES OF AMERICA
Hoken will collect all state and local taxes from customers as calculated by the hotel or supplier, and pay to the hotel or supplier the amount of taxes paid by customers. Hoken makes no representation regarding the accuracy, truth, quality, suitability, or reliability of any tax rate or amount information. The tax information and rates included in the estimate may not be the actual taxes imposed upon the customer, and are subject to revision and change by the applicable tax authorities, without notice. Therefore, the use and reliance of this information by customer is strictly voluntary and customer hereby releases Hoken from and against all liabilities and penalties imposed upon customer for doing so.
BANK AND CREDIT CARD FEES
Your payment is processed by Hoken (as the merchant of record) in the United States, when we process your payment.
Hoken may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Hoken has no special knowledge regarding foreign entry requirements or travel documents including Covid-19 or other pandemic restrictions. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. Hoken shall not be liable for any circumstance or expense incurred due to lack of documentation or noncompliance with any requirements.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking a hotel reservation. We accept no liability if you are refused entry onto any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
BY OFFERING HOTEL ROOM RESERVATIONS IN PARTICULAR INTERNATIONAL DESTINATIONS OR TO INTERNATIONAL TRAVELERS, HOKEN 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 OR ENTERING INTO AN HOTEL OR SPENDING TIME IN ANY HOTEL ROOM IN SUCH DESTINATIONS.
We act only as an intermediary in making arrangements for hotel room reservations including, without limitation, the purchase, sale, and trade of such reservations and do not assume any responsibility for the rooms provided by the hotels and make no representations or warranties (express or implied) as to the suitability or quality of the hotel rooms featured on the Site or the App. Hoken accepts no liability whatsoever in relation to any hotel rooms or any travel products.
Each hotel shall be solely responsible, with respect to the travel products supplied by it, for ensuring that all the information, including, without limitation, product descriptions, layouts or maps displayed on the Site or the App, if any, is accurate and properly updated. Hoken provides such information in AS- IS and as received from Hoken Partners, the hotels, and other sources, and therefore, Hoken shall not be responsible for the accuracy, frequency of updates or content of said information supplied by the hotel, or any other third party. Hotel categories supplied by hotels and third parties may vary depending on local conditions or other reasons and Hoken shall not be responsible for the hotel category or for any other hotel facilities or services.
We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any hotels or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, pandemic, force majeure, failure to sell, resell or trade, or other causes beyond our direct control, including which is attributable to a hotel, and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. YOU MAY BUY, SELL, OR TRADE A HOTEL ROOM RESERVATION IN HOKEN’S MARKETPLACE AT YOUR OWN AND SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE OR THE APP IS AT YOUR SOLE RISK, AND HOKEN’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EACH OF HOKEN AND HOKEN PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SITE, APP OR AGENTS.
EACH OF HOKEN AND HOKEN PARTNERS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR APP WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR APP WILL BE ACCURATE OR RELIABLE.
THE SERVICES IN EACH OF THE SITE AND APP MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. HOKEN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOKEN OR THROUGH THE SITE OR APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, HOKEN MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT HOKEN’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
Hoken does not offer a warranty or make any representation regarding third party content, third party software, travel products, any content, information, reports or results that you obtain through the Site or App. Your use of and reliance upon the services provided by us, or content is entirely at your sole discretion and risk, and Hoken, shall have no responsibility or liability whatsoever to you in connection with any of the foregoing. We do not make any guarantee or representation as to the accuracy or proprietary nature of service content and disclaim any liability for any inaccuracies relating to the information and description of all travel products displayed in the Site or the App.
You agree that we will not be held responsible for any consequences that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
Hoken does not own the hotels that provide the rooms. Hoken and the Hoken Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such hotels or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Hoken and the Hoken Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure (including, without limitation, a pandemic) or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Hoken, the Hoken Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use this Site (including, but not limited to, your reliance upon opinions appearing on this Site; any computer viruses, information, software, linked sites, products and services obtaining through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Hoken, the Hoken Partners and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Hoken, the Hoken Partners or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Hoken, the Hoken Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Hoken Holdings, Inc. in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES
YOU ACKNOWLEDGE AND AGREE THAT HOKEN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HOKEN OR THE HOKEN PARTNERS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, HOTEL PROPERTIES, BUYERS, SELLERS, OR TRADERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
NO LIABILITY FOR CONDUCT OF OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HOKEN. YOU UNDERSTAND THAT HOKEN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF THE HOKEN MARKETPLACE. ANY HOTEL ROOM RESERVATIONS PURCHASED OR SOLD THROUGH THE HOTEL MARKETPLACE ARE AT YOUR OWN RISK, AND HOKEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY HOTEL ROOM RESERVATION IS VALID, THAT ANY BUYER WILL PAY FOR A HOTEL ROOM RESERVATION, THAT ANY SELLER WILL SELL A HOTEL ROOM RESERVATION, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION.
LINKS TO THIRD-PARTY SITES
This Site may contain hyperlinks to websites operated by parties other than Hoken. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS SITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on the Site, is owned by Hoken, Hoken Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Your mobile device must be connected to the internet for the App, when it is made available, to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the App transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Statement, the App will automatically transfer a small amount of data as part of its normal operation, including how you use the App, which Content you access, and technical errors or problems which the App may encounter while being used. By using the App, you acknowledge, agree and consent to the automatic collection of this information.
REVIEWS, COMMENTS, AND OTHER SUBMISSIONS
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Site or the App). You are prohibited from posting or transmitting to or from the Site or the App: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) other than soliciting the sale or trade of hotel room reservations; and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Site or the App. You acknowledge that Hoken has the right to control (e.g. use, publish, remove) any content you submit without notice to you.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Site are ©2022 Hoken Holdings, Inc. All rights reserved. Gohoken.com and the logo
are either registered trademarks or trademarks of Hoken in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Hoken is not responsible for content on websites operated by parties other than Hoken.
If you are aware of an infringement of our brand, please let us know by emailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Hoken has adopted a policy of terminating, in appropriate circumstances and at Hoken's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Hoken may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
One or more patent applications may be submitted by Hoken that may apply to this Site and to the features and services accessible via the Site. Portions of this Site may operate under license of one or more patents. Other patents may be pending.
You agree that no joint venture, partnership, or employment relationship exists between you and Hoken as a result of this Agreement or use of this Site.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Site, the App, or information provided to or gathered by us with respect to such use.
Severability. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Entire Agreement. This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Hoken with respect to this Site and the App, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on the Site or the App are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:
Attn: Customer Service
Hoken Holdings Inc.
65 Spring St. #7
New York, NY 10012