Agoda Agoda Platform and Booking Terms of Use — full text

AGODA PLATFORM AND BOOKING TERMS OF USE

Version 6.3, effective from 10 July 2026

Welcome to the Agoda Platform Terms of Use ("Terms"). These Terms apply to your use of the Agoda Platform and the services offered through it. Your use of the Agoda Platform indicates your acceptance of the Terms, including the policies incorporated into them by reference.

**FOR U.S.CUSTOMERS ONLY:**These Terms include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to this Platform, the use of our Services, or these Terms to binding arbitration rather than proceeding in court. THESE TERMS ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS YOU WILL BE BOUND BY THESE TERMS.

If you are using our Platform in Japan to book accommodation, these Terms and Conditions apply.

These Terms and the documents referred to in them, including but not limited to our Privacy Policy, Shop Safe Policy, Agoda Price Guarantee, Reservation Guarantee, Cancellation Policy, Refund Policy, AgodaCash Terms and Conditions, Agoda Cashback Rewards Programs, Guest Review Guidelines, Australia Debit Payments (eftpos), PointsMAX, Claims of Copyright Infringement Policy, and FAQs, constitute a legally binding agreement between you and Agoda. If you do not agree to any part of these Terms, you should stop using the Platform immediately.

These Terms are important because they describe:

the rules, terms and conditions that apply to your use of and bookings on the Agoda Platform; and
how to resolve any disputes that may arise from your use of the Agoda Platform.

BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THE SERVICES ON THE PLATFORM, PLEASE READ THESE TERMS CAREFULLY.

Accessing materials on this Platform by certain persons in certain countries and territories may not be lawful, and we make no representation that materials on this Platform are appropriate or available for use in all locations where the Platform can be accessed.

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When we refer to "Agoda", "we", "our" or "us" in these Terms, we mean Agoda Company Pte. Ltd. Agoda and its related companies (collectively, the "Agoda Group") includes Agoda Services Co., Ltd., Agoda International Pte. Ltd. (UK Establishment in the United Kingdom), Agoda International (Hong Kong) Limited, Agoda International Hungary Kft., Agoda International Japan KK, Agoda International (Malaysia) Sdn. Bhd., Agoda International Philippines Corporation, Quantum Growth Network Information Technology (Shanghai) Co., Ltd., and Agoda International USA LLC, and our other affiliates and subsidiaries.

Agoda operates a platform that empowers you to discover, search, book and pay for various products and services which are supplied, offered and/or operated by third parties ("Travel Suppliers"), which may include, without limitation:

lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, bed-and-breakfasts, rooms for rent, cottages and ryokans ("Accommodations");
air and air-related transport services ("Flights");
activities and other experiences ("Activities");
rental cars; and
any combination of the above ("Combination"),

(each a "Travel Product"), through a convenient portal, the facilitation of which is individually and collectively known as our "Services". You may access our Services through our website ("Website") and mobile application ("App"), collectively known as our "Platform".

In some cases, we work with our affiliates and other third-party partners ("Partners") to facilitate the listing and reservation of certain Travel Products. For example, certain online reservations for Travel Products on our Platform are facilitated by our Partners, including but not limited to Booking Holdings Inc., KAYAK, priceline.com and Booking.com. Where this is the case, the Partner's terms and conditions of use and/or privacy policy will govern the relationship between you and our Partner for the booking of the relevant Travel Product(s), instead of Section B of these Terms. We may be paid a fee or commission by a Partner or Partners if you make a booking for such Travel Product(s).

When we use "you", "your" or "User", we refer to anyone who accesses or uses our Platform and Services.

If you have any questions, comments, complaints or claims with respect to our Platform or these Terms, you may contact Customer Service.

SECTION A: PLATFORM TERMS

1. YOUR USE OF THE PLATFORM

1.1 Our Platform is the property of Agoda and our licensors. To this end, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access our Platform to enjoy personal, non-commercial use of our Services in accordance with these Terms. Except for this limited license, we do not grant you any other rights or licenses with respect to our Platform. Any rights or licenses not expressly granted herein are reserved. You represent and warrant to us that your access to, and use of, our Platform is intended only for personal, non-commercial use.

1.2 You understand that the Users of our Platform should be at least 18 years of age or older (or such other age at which majority is reached in your country or territory) and have the full legal capacity to enter into contracts (or have the authorization to do so from a legal guardian). This age limitation also applies to other uses of our Platform, such as browsing the Platform for informational purposes before or without making a Booking Request.

1.3 We provide the Platform on which Travel Suppliers can promote and sell Travel Products, and you can discover, search, compare, book and pay for those Travel Products. You will not use the Platform for any other purpose including purpose that is unlawful or prohibited by these Terms. By way of example, and not as a limitation, you agree not to use our Platform and/or its content to:

1.3.1 resell any products or services booked or obtained via our Platform or for any commercial purpose unless expressly authorized in writing by Agoda;

1.3.2 make false, fraudulent or speculative bookings on our Platform;

1.3.3 pass off or attempt to pass off our Platform as the product of anyone other than Agoda, including by removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;

1.3.4 use manual or automated software or processes to monitor, copy, extract, export or otherwise scrape any material displayed on our Platform, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information ("Content"). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platform;

1.3.5 whether or not you have a commercial purpose, access, monitor, copy, or reproduce any Content of this Platform using any robot, spider, scraper, other automated means, or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) for any purpose without the prior, express written permission of Agoda. For the avoidance of doubt, Agoda does not authorize the use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants) to make bookings or reservations using any Content of this Platform without the prior, express written permission of Agoda;

1.3.6 disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platform in whole or in part, or otherwise attempt to obtain or access the source code of our Platform;

1.3.7 interfere with or disrupt our Platform, or servers or networks connected to our Platform;

1.3.8 violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other User of our Platform;

1.3.9 obtain or attempt to obtain unauthorised access, via whatever means, to any of the Agoda Group's systems;

1.3.10 'frame', 'mirror' or otherwise incorporate any part of the Platform into any other website or deep-link to any portion of the Platform (including, without limitation, purchase paths) for any purpose without our express prior written permission;

1.3.11 post or transmit, or cause to be posted or transmitted: (a) any material that is libellous, defamatory, obscene, pornographic, abusive, offensive, fraudulent, misleading, harassing or profane; (b) malicious content including malware, Trojan horses, or viruses, or which otherwise interferes with any User's access to our Platform; and (c) unsolicited mass mailings or other forms of spam, including junk mail or chain letters;

1.3.12 manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

1.3.13 do anything else which could cause damage to the Platform, Agoda, the Agoda Group, or would otherwise have a negative impact on the Platform, Agoda, the Agoda Group; and

1.3.14 infringe any applicable law, statute, ordinance or regulation and any rights of us and/or any third party, including intellectual property rights or proprietary rights.

1.4 If, based on your user pattern, Agoda suspects that you have performed any of the prohibited activities under these Terms, Agoda has the right to block your user account or deny your entitlement to any benefits under a loyalty program or Promotions (as defined below).

2. YOUR ACCOUNT

2.1 In the course of using our Platform, you may need to register and maintain a user account with us ("Agoda Account"). When you register an Agoda Account with us, you agree to provide and maintain true, current and complete information during registration. When selecting a username, you agree not to select or use as a username the name of another person with the intent to impersonate, or a name or trademark that is subject to the rights of another person or entity other than you without appropriate authorisation.

2.2 You are responsible for maintaining the confidentiality of the information and password associated with your Agoda Account, and for all activities occurring under your Agoda Account including all charges incurred. Agoda shall be entitled to consider any person who gains access to the Platform and Services using your Agoda Account log-in details as an individual acting upon your authorisation, without any further inquiry or investigation. Where applicable, references to your use and/or access of the Platform and Services shall be deemed to include the use and/or access of the Platform and Services by an individual authorised by you. Notwithstanding this, Agoda shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any instructions from your Agoda Account and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. You must immediately notify us of any unauthorised use of your Agoda Account, password or any other breach of security.

2.3 We will not be liable for any loss or damage arising from your failure to comply with this clause 2 except where such loss or damage is caused by Agoda's gross negligence or willful misconduct. To the maximum extent permitted by applicable law, we may refuse registration of an Agoda Account or cancel an existing Agoda Account without prior notice or liability.

2.4 We also reserve the right to bar or block Users from and/or to partially or fully restrict their access to, whether or not with an Agoda Account, our Platform on a permanent or temporary basis, at our discretion. If you are blocked, you agree not to attempt to use our Platform under any other name or through any other User. Before we take any action, we may use reasonable efforts to notify you of the reasons, except in cases of suspected or actual fraud, Platform abuse, breach of these Terms, or where notice is reasonably impracticable or would compromise our investigations, the security of the Platform or Users, or the interests of our Partners.

3. PLATFORM CONTENT AND AVAILABILITY

3.1 We make no guarantees as to the authenticity, accuracy, ownership, non-infringement or completeness of any Content on our Platform, including Content provided by other Users or our Travel Suppliers. Accordingly, we are not responsible or liable for any Content supplied by our Travel Suppliers uploaded to our Platform. The displayed prices for our Travel Products are dynamic and can change during or after your search. Once you have a Confirmed Booking, as defined further below, subsequent changes in displayed prices will not affect the price of your booking. All information about Travel Products on our Platform, including but not limited to any ratings (aside from star ratings for Accommodations as set out in clause 16), rankings and reviews, is provided to us by the corresponding Travel Suppliers of such Travel Products, or their respective representatives including their distributors, channel managers and partners. We also make no guarantees that the Content available on our Platform has not been altered through technical defects or by unauthorised third parties.

3.2 If you save any Travel Products using any save, wishlist, or similar feature on our Platform, please note that all information displayed for those Travel Products, including, without limitation, pricing, content, promotions, and availability, is subject to change at any time and may become unavailable without notice. Promotions or special offers associated with saved Travel Products may be subject to limits, eligibility criteria, blackout dates, or end dates, and may expire or be withdrawn at any time. Agoda does not guarantee the accuracy, availability, or continued availability of any such information for saved Travel Products. We will not be responsible or liable for any expired, withdrawn, or unavailable Travel Products or offers, or any loss or inconvenience you may incur as a result. To confirm current details before booking, you must visit the relevant Travel Product page. The terms and price shown at the time of booking will apply.

3.3 All Content accessed by you using our Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Except for liability arising from gross negligence or willful misconduct, under no circumstance shall Agoda be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platform, including but not limited to any errors or omissions, or any additions, removals, or modifications that we make on our Platform. We make no guarantee that our Platform will always be available or uninterrupted. We will not be liable to you for any loss or damage resulting from any unavailability or interruption of our Platform or Services.

3.4 Our Platform does not constitute and should not be regarded as a recommendation or endorsement of any Travel Product and/or Travel Supplier listed on our Platform. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status, features, or adequacy of any Travel Product and Travel Supplier listed on our Platform. We may from time to time offer certain programs under which Travel Suppliers may improve their Travel Product's visibility on our Platform, including but not limited to through sponsored listings. Such Travel Product listings will be marked or contain wording for clarity.

4. USER CONTENT AND REVIEWS

4.1 To the extent that our Platform allows you to post, upload, transmit or otherwise make available any Content, including but not limited to your review of any Travel Product ("User Content"), you agree that:

4.1.1 you are solely responsible and liable for the User Content that you upload and you represent and agree that you will not share anything that is false, misleading, discriminatory or that would violate or infringe any rights of any third party, including the privacy or intellectual property rights or proprietary rights;

4.1.2 all User Content that you upload is not confidential or proprietary and will comply with our relevant review guidelines, including our Guest Review Guidelines;

4.1.3 your User Content should not include personal information. If it does, it can only be used for the purposes herein and only if such use complies with applicable data protection laws in accordance with our Privacy Policy.

4.1.4 although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works from any and all such User Content with or without attribution to you, including without limitation for the purposes of advertising and marketing our Platform, and you also agree so far as legally possible to waive absolutely your moral rights and any broadly equivalent rights you may have in such User Content in any territory of the world;

4.1.5 we have your consent to take action against individuals and entities who breach our or your rights in relation to the User Content;

4.1.6 User Content does not constitute our endorsement of or affiliation with you; and

4.1.7 we are under no obligation to host, store, retain, publish, share or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.

4.1.8 all User Content that you upload must not be illegal and must comply with the Content Guidelines.

4.2 For the avoidance of doubt, we reserve the right, in our sole discretion, to remove User Content in accordance with the Guest Review Guidelines and/or which, in our opinion, is in violation of these Terms or any applicable law or may cause harm to us, other Users or third parties. We will notify you of the reason/s for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for us or our Partners; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any User, other third party, us or our Partners.

5. THIRD PARTY LINKS

5.1 Hyperlinks on this Platform to websites operated by third parties are only provided for your reference. Agoda takes no responsibility for the services provided by and/or content of these websites and has no control over their content, access and privacy policies. If you click on a third party hyperlink or advertisement, please be aware that you would be leaving our Platform and any data you provide will be processed in accordance with said third party's respective privacy and cookie policies, which we advise you consult beforehand. Agoda will not be responsible or liable for the consequences of accessing these websites, including exposure to hardware and software viruses, spy and malware. We do not endorse or recommend these websites or any of their contents.

5.2 Any third party that wishes to establish links to our Platform should notify Agoda of their intention prior to doing so. Agoda may deny permission for any such links to our Platform. If Agoda gives its permission for any such links, Agoda is not under any obligation to establish reciprocal links with the third party.

SECTION B: GENERAL BOOKING AND PAYMENT TERMS

6. AGODA SERVICES

6.1 The terms in this Section B apply to Agoda's provision of its Travel Product booking facilitation-related Services through the Platform. Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner's platform, please refer to that Partner's respective terms and conditions of use and privacy policy instead as these will govern the relationship between you and that Partner. For the avoidance of doubt, where the Travel Product is provided by a Partner, your booking through the Platform is an offer to book a reservation (e.g., for Accommodations, Flights or a rental car, you are making a request to book a reservation with the Partner that is subject to acceptance by the Partner before it becomes a binding transaction) at the price listed on the Platform for such Travel Product on such other terms and conditions notified to you by the Partner at the time of booking, which shall become a binding contract when your booking is accepted by the Partner and will be subject to the Partner's terms and conditions. Where applicable, the Partner will indicate the acceptance of such Travel Product booking via an e-mail confirmation to you. In these cases, we will provide your payment information to the relevant Partner to process your payment and confirm your booking. The Partner reserves the right to reject bookings as set out in their terms and conditions.

6.2 Unless otherwise stated, all of our Travel Product booking facilitation-related Services are provided by Agoda Company Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 36 Robinson Road, #20-01 City House, Singapore 068877 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 200506877R.

6.3 Please note that Agoda does not organize any ground transportation. Where ground transportation is offered, this can be organized by and offered by or on behalf of the Travel Supplier or a Partner, not Agoda. Agoda does not assume any liability for the quality, safety, frequency, or service levels of such transportation services. Where your Confirmed Booking includes a self-transfer, you are responsible for the transfer and, subject to the terms of the Agoda.com Guarantee (if available), Agoda does not assume any liability in relation to the self-transfer. Please verify with Customer Service which extra fees are (not) included for self-transfers and ground transportation.

7. BOOKINGS

7.1 When making a booking for any Travel Product through our Platform, that booking is made directly with the Travel Supplier(s) named on the booking page. Our Platform only acts as a facilitator of such bookings. We do not provide, own or control any of the Travel Products that you can access through our Platform and we have no obligation to provide or operate the Travel Products. The Travel Products are owned, controlled or made available by the Travel Suppliers either directly or as an agent. The Travel Suppliers are responsible for their respective Travel Products. Your interaction with any Travel Supplier through our Platform is at your own risk. Agoda does not bear any responsibility should anything go wrong during your travel or your use of the Travel Product.

7.2 A credit card, debit card, digital wallet or such other payment method as we may from time to time accept ("Payment Instrument") will be required in order to make a booking for a Travel Product through our Platform.

7.3 When you submit a booking through our Platform, you make an offer to book the specified Travel Product(s) subject to these Terms ("Booking Request"). The Travel Product shall be supplied by the Travel Supplier to you and the terms and conditions applicable to that Travel Product shall be between you and the Travel Supplier and shall be a separate binding contract pursuant to these Terms between you and the relevant Travel Supplier once accepted by such Travel Supplier, communicated to Agoda, and subsequently communicated to you via a confirmation email from Agoda ("Confirmed Booking"). You acknowledge that the "thank you page" shown after the submission of your Booking Request does not indicate a Confirmed Booking and only indicates that your Booking Request has been received by Agoda for processing.

7.4 In some cases, we may provide you with a confirmation number in the confirmation email ("Booking Confirmation Number"). Depending on the policy of the Travel Supplier, the confirmation may also contain a voucher for redemption ("Booking Voucher"). Neither we nor the Travel Supplier will be responsible for Booking Confirmation Numbers or Booking Vouchers that are lost, stolen, mutilated, damaged or destroyed.

7.5 The relevant Travel Supplier(s) may impose additional terms and conditions, rules and restrictions (each a "Travel Supplier Terms") that will be applicable to your Confirmed Booking, including in relation to changes, cancellations and refunds. You will be provided with the name of each Travel Supplier and in some cases, the applicable Travel Supplier Terms or a link to their Travel Supplier Terms, during the booking process. As the Travel Supplier Terms applicable for each Travel Product may vary, you should ensure that you fully understand and accept all of the applicable Travel Supplier Terms before completing your booking. If you are booking on behalf of other persons, you are required to ensure that they are aware of and agree to the applicable Travel Supplier Terms. If you fail to comply with the Travel Supplier Terms, the Travel Supplier has a right to refuse or cancel your booking without offering any refunds. For enquiries about the Travel Supplier's products and services or its Travel Supplier Terms, please contact the Travel Supplier directly.

7.6 Agoda has the right to reject any Booking Request, and cancel any Confirmed Booking, including on behalf of the Travel Supplier, or any part thereof, for one or more of the following reasons:

7.6.1 you are in breach of these Terms, Travel Supplier Terms, or any applicable law;

7.6.2 Agoda reserves the right to reject any Booking Request on the basis of actual or suspected fraud and to cancel any Confirmed Booking on the basis of actual or suspected fraud or abuse;

7.6.3 any event or circumstance set forth in clause 38.1;

7.6.4 regular or emergency maintenance of Agoda's Platform and systems is required;

7.6.5 the Travel Supplier rejects or cancels the Booking Request (including cases where bookings are not accepted from individuals holding certain passports or using payment methods issued by specific financial institutions);

7.6.6 the Travel Supplier is unable to provide the product or service due to technical issues in the systems necessary to complete the Customer's booking; or

7.6.7 there is an error in the information entered by the Customer at the time of booking, and the Customer fails to correct it despite notification from Agoda.

If you have already made payment, we shall refund you the amounts paid in respect of such rejected or cancelled parts in accordance with the applicable refund policy for your Booking.

8. PRICING, ADDITIONAL CHARGES AND TAXES

8.1 Currency selection and effects

The price you pay for a booking will depend on your selected payment methods (may include, "Pay Now", "Book Now, Pay Later", "Pay at Hotel" or "Book with Zero Pay", as described in clauses 9 and 15, Display Currency, Payment Instrument, Payment Instrument Currency, Product Currency, Charge Currency, and any applicable credits and discounts, among other things.

a. "Display Currency" means the currency displayed to you on the Platform. Your default Display Currency is based on your IP address and/or your Account Settings. You can select your preferred Display Currency by clicking the currency code (e.g. USD, AUD) shown on the Platform, or in Account Settings.

b. "Payment Instrument Currency" means the default currency of the Payment Instrument as determined by the issuer of the Payment Instrument.

c. "Product Currency" means the currency of the Travel Product based on the location of the Travel Product or the currency that the Travel Supplier uses for its Travel Product listings with Agoda.

d. "Charge Currency" means the currency in which you are charged for a booking.

The Platform allows users across the globe to make bookings with Travel Suppliers around the world. As an added benefit to you, the Platform provides you with the ability to choose the Display Currency and/or the Charge Currency so that you can pay in your own currency.

Before you select your Charge Currency on the booking form/payment information page, the Platform shows you estimated prices of your booking in your Display Currency for your convenient reference only. Where relevant, Agoda uses the Bloomberg Generic Composite Rate to calculate those estimated prices of your booking.

On the payment information page, when your Product Currency is different from the Display Currency, Agoda may give you a choice over Charge Currency. You can choose to be charged in Display Currency or Product Currency.

<table><tbody><tr><td>If you select a <strong>"Pay Now" booking ...</strong></td><td>Agoda will calculate the price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, an additional amount up to 5% of the price (the "<b>Additional Amount"</b>) will be added to the Bloomberg Generic Composite Rate when Charge Currency is different from Product Currency, except when <i>(A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the United States (US), Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making booking for Accommodations in India.</i><p>The Additional Amount will not apply if your selected Charge Currency is the same as Product Currency.</p><p>When you click "Pay Now!", you will be charged the price shown to you in your selected Charge Currency.</p></td></tr><tr><td>If you select a <strong>"Book Now, Pay Later" booking ...</strong></td><td>Agoda will calculate an estimated price for your booking using the Bloomberg Generic Composite Rate. However, after you select your Charge Currency, the Additional Amount will be added to the Bloomberg Generic Composite Rate when Charge Currency is different from Product Currency, except when <i>(A) you are paying with a US-issuer Payment Instrument whose Payment Instrument Currency is USD; and/or (B) you are booking from an IP address located in the US, Canada, or the United Kingdom; and/or (C) you are paying with an India-issuer Payment Instrument and making your booking for Accommodations in India.</i><p>The Additional Amount will not apply if the Charge Currency is the same currency as the Product Currency.</p><p>Because you have selected a "Book Now, Pay Later" booking, you will not pay anything until the payment date shown on the booking form/payment information page, and on your booking confirmation.</p><p>On the payment date, Agoda will calculate the final price for your booking in your selected Charge Currency using the Bloomberg Generic Composite Rate and, where applicable, including the Additional Amount.</p></td></tr></tbody></table>

REMINDER: Your final price on the payment date may increase (or decrease) compared to the estimated price, depending on any changes in the relevant Bloomberg Generic Composite Rates between the day that you confirm your booking and the payment date.

Note that the terms included in this clause 8.1 are separate to your contract with the Travel Supplier related to your Travel Product. The Travel Supplier is not involved in enabling you to pay in your Display Currency and is not party to the following terms, which do not give you any extra rights under your contract with the Travel Supplier.

For the avoidance of doubt, when you select to pay in Display Currency, we are simply enabling you to make payment in your Display Currency while we ensure that the Travel Supplier is paid in their local currency. As such, you are not making payment in one currency and receiving another currency. If you choose to pay in your Display Currency, all fees and charges from us appear as a separate line item (included in the total price displayed where applicable) for your booking.

The exchange rate is determined when the total payment (or estimated total payment) is displayed for your booking on the Platform. Where applicable, the total price displayed will be the amount charged by us to you.

If you make a change to your booking, the currency which you initially chose will be used.

If you cancel a reservation within any permitted cancellation period which may apply, we will refund you the exact same amount we initially charged you (inclusive of any applicable fees for paying in Display Currency).

<table><tbody><tr><td>If you select a <strong>"Pay at Hotel" booking ...</strong></td><td>The Additional Amount does not apply for Pay at Hotel booking.<p>Agoda will calculate and show you on the booking form/payment information page an estimated price for your booking in your selected Display Currency using the Bloomberg Generic Composite Rate. You will pay on the date of your stay period at the Accommodation, in the currency indicated on the booking form/payment information page, or in any other currency that the Accommodation accepts.</p><p>If you pay the Accommodation in a different currency, or with a Payment Instrument that uses a different currency, the actual amount that you will be charged for your booking will depend on the exchange rate(s) used by the Accommodation and/or your Payment Instrument provider. These factors are outside of Agoda's control.</p></td></tr></tbody></table>

Agoda updates its Bloomberg Generic Composite Rates regularly, and generally on a daily basis.

Refunds

Without prejudice to the Refund Policy, when you cancel a refundable booking within the permitted cancellation period or for permitted cancellation reason, Agoda will refund you (i) the actual amount you paid for the booking regardless of the exchange rate on the date of refund, and (ii) the Additional Amount.

Payment Instrument provider fees

<table><tbody><tr><td>If you select a Charge Currency that is not the Payment Instrument Currency ...</td><td>Your Payment Instrument provider (for example, the bank issuing the payment card which you use to pay):<ul><li>may charge you additional fees; and/or</li><li>may determine the applicable exchange rate when the transaction is applied to your account. Your Payment Instrument provider may use higher or lower rates compared to the Platform.</li></ul><p>Any applicable fees are based on your agreement with your Payment Instrument provider. Agoda does not control or benefit from your Payment Instrument provider's exchange rate or fees.</p></td></tr></tbody></table>

8.2 Charges for Taxes and Fees

8.2.1 When browsing Travel Products on our Platform, the Display Price is generally exclusive of taxes and service fees unless otherwise expressly stated.

8.2.2 In connection with facilitating your booking, the charge to your Payment Instrument may include an amount for charges, taxes and fees ("Taxes and Fees") unless indicated otherwise, which may include bank and credit card fees and charges where this is available or known to us. Such bank and credit card fees and charges, where it is applicable to you, may alternatively be displayed as 'Processing cost' in the booking form. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount Agoda pays the Travel Supplier and the location and type of the Travel Supplier and/or Travel Product and may include a fee that Agoda retains.

In relation to Flights or Accommodations, these Taxes and Fees may include a fee, for the facilitation services provided by Agoda in relation to your Booking ("Agoda Booking Fee"), which may also, where it is applicable to you, be displayed as a 'Convenience Fee' in the booking form. Except where expressly prohibited by law, the Agoda Booking Fee (including any Convenience Fee) is non-refundable.

8.2.3 In relation to Flights and Accommodations, these Taxes and Fees include an estimated amount to recover the amount Agoda pays on your behalf to the relevant Travel Supplier(s) in connection with your booking for taxes owed by the respective Travel Supplier(s), or Agoda as the case may be, in respect of their service to you, including, without limitation, sales and use tax, occupancy tax, room tax, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, service tax, excise tax, value added tax, goods and services tax, consumption tax and/or other similar taxes.

8.2.4 For bookings involving Travel Products located in certain jurisdictions, the Taxes and Fees amount may also include government-imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the relevant Travel Supplier, or Agoda as the case may be.

8.2.5 In certain jurisdictions, the Taxes and Fees amount paid to the Travel Supplier on your behalf in connection with your reservation may vary from the Taxes and Fees amount Agoda estimates and includes in the charge to you. The balance of the (estimated) charge for Taxes and Fees, if any, is a fee Agoda may retain as part of the compensation:

(a) in relation to any Flight component of your booking, as our handling fee for the services provided by Agoda to you in respect of such Flight(s);

(b) in relation to any Accommodation (as applicable depending on the jurisdiction), as our fee for the services provided by Agoda to you in respect of such Accommodation.

8.2.6 You are fully responsible for all taxes, charges, fees, duties and assessments arising out of the use of this Platform. While we aim to provide customers with the total price of each booking on the Platform, there is a chance that a government-imposed tax may be added or increased after the booking is purchased. If this occurs, by accepting these Terms, you agree to pay the new or higher government-imposed tax, where not prohibited by law.

8.2.7 Except as otherwise described in these Terms, Agoda is not collecting and remitting taxes to the applicable tax authorities, unless otherwise required by law or where Agoda is required to collect and remit taxes on behalf of the Travel Suppliers. The relevant Travel Suppliers, as vendors, include all known applicable taxes in the amount displayed as the total price of your booking and Agoda pays over such amounts on your behalf directly to the vendors or directly to the relevant tax authority where required by law. Agoda is not a co-party associated with the vendors or Travel Suppliers with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes may vary depending on various factors such as location, type of service etc.

8.2.8 Where the Travel Product booking facilitation-related Services are provided by any Partner or made via a Partner's platform, calculation of applicable taxes and fees will be set out in such Partner's terms and conditions.

8.2.9 International transaction fees

Your Payment Instrument provider may charge you international transaction fees ("ITF") when you pay for your booking. The amount of ITF is solely determined by your Payment Instrument provider, and Agoda does not control or benefit from the ITF charged by your Payment Instrument provider.

8.3 Electronically Supplied Services

Agoda may provide additional services independent of, in addition to, or ancillary to the Services and the services offered by the Travel Suppliers ("Electronically Supplied Services" or "ESS"). For ESS, we may request a service fee in consideration thereof, upon your acceptance of the ESS and subject to specific terms and conditions you may agree to for obtaining such ESS. For sake of clarity, such ESS fee, if charged by Agoda, will be over and above the amount you may be charged by the Travel Suppliers for availing the services offered by the Travel Suppliers.

Some of these ESS are provided independently by third parties and not by or on behalf of Agoda. When purchasing an ESS provided by a third party through our Platform, the booking for that ESS is made directly with the Partner(s) named on the booking page and our Platform only acts as a facilitator of such booking. For ESS provided by a third party through our Platform, we may be paid a fee or commission by the relevant Partner(s).

9. PAYMENT

9.1 Before you submit your Booking Request, you will be notified of the payment methods that are acceptable for that Booking Request. While most bookings are payable in full upon submission of your Booking Request ("Pay Now"), we may in some cases offer you the option of paying Agoda at a later date under Book Now, Pay Later or Book with Zero Pay, or paying the Travel Supplier directly under Pay at Hotel. Please refer to clause 15 for more details on these alternative payment options.

9.2 You authorize Agoda or another Agoda Group entity to charge or debit your Payment Instrument for the full booking amount once you have submitted your Booking Request.Upon receipt of your payments by Agoda for Confirmed Bookings, your obligation to the Travel Supplier for that amount is extinguished.

9.3 We reserve the right to cancel your booking, including on behalf of the Travel Supplier, if applicable, if the full payment for your booking is not received by the applicable due date, including but not limited to, the following situations:

9.3.1 your Payment Instrument cannot be successfully charged on the intended Charge Date for whatever reason; or

9.3.2 for Book with Zero Pay bookings, you fail to complete final payment, or your final payment fails, on or before the payment date shown on the booking form, payment information page, and your booking confirmation.

9.4 Local tax invoices may be obtained from the Travel Supplier offering the Travel Product to you. Where specifically required by law, Agoda may provide a local tax invoice to you.

9.5 For a variety of reasons, payment on our Platform may fail. In such cases, Agoda will use all reasonable efforts to offer you alternatives (where available) to ensure your booking can go ahead or offer you a refund in accordance with our Refund Policy. If you have any questions, please contact Customer Service.

10. CANCELLATIONS, CHANGES AND REFUNDS

10.1 If you wish to review, adjust or cancel your reservation, please follow the instructions in the confirmation email, use our self-service tool, or contact Customer Service.

10.2 Any cancellations, changes, refunds and no-shows to your Confirmed Booking are subject to the applicable booking conditions and Travel Supplier Terms, including any additional fees that may be imposed by the Travel Supplier. You should read our Refund Policy, the cancellation and no-show policies of the relevant Travel Supplier(s), and the booking conditions for your selected reservation carefully prior to making your booking. Please be advised that certain reservations may be non-refundable, non-cancellable, and/or non-changeable.

10.3 Without prejudice to clause 10.2, Agoda reserves the right to charge a cancellation and/or modification fee on behalf of the Travel Supplier, up to the full cost of the reservation, for any cancellation or modification by you of a Confirmed Booking, and such fees will be indicated on our Platform.

11. YOUR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

11.1 When you submit a Booking Request, you represent and warrant to Agoda that:

11.1.1 you have the full legal capacity to make the transaction (or have the authorization to do so from your legal guardian);

11.1.2 the Payment Instrument you are using to make the booking is your own or that you are authorized to complete the booking with it, and that there are sufficient funds to cover the cost of the transaction;

11.1.3 the payment details you provide us with in making a booking are fully correct;

11.1.4 you or your legal guardian, where applicable, will not resell any Travel Products booked through our Platform;

11.1.5 you or your legal guardian, where applicable, are not subject to any international sanctions program or restrictions;

11.1.6 if and when applicable, you will satisfy all your obligations, tax, withholding or otherwise, as required by applicable law.

11.2 You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Agoda and acknowledge that Agoda may use these details to contact you in the event that this should prove necessary in connection with your booking or other use of our Platform.

12. PROMOTIONS

12.1 Agoda may support promotional rates, vouchers, discounts, promo codes and special offers ("Promotions") and "AgodaCash" from time to time. Unless expressly stated otherwise, each Promotion may not be combined with other Promotions and/or loyalty programs. Promotions are subject to limits, eligibility criteria, further rules and special conditions which will be posted on our Platform, as may be amended by Agoda from time to time. Promotions cannot be redeemed, exchanged or refunded for cash, credit, or other products. Some Promotions may only be available in certain territories or for residents of certain territories and may exclude certain types of Travel Products and may be subject to additional terms and conditions. While discount amounts for promocodes may vary, the value of the discount will be clearly displayed within the price breakdown.

12.2 Where you have a promo code, or voucher, if it is not automatically applied, you must apply it on the booking form in order to apply it to your booking. Unless expressly stated otherwise, Promotions will not apply to the local taxes, service fees and additional charges of your booking.

12.3 Agoda reserves the right to stop the use of any Promotion for any reason. In case of any dispute relating to Promotions, Agoda's decision shall be final.

13. FRAUD

13.1 We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm your booking. If you choose not to submit the additional information or if we are not satisfied with the information received, your Booking Request will be cancelled because it is incomplete, and any amounts charged will be refunded. It is possible that a Travel Product becomes unavailable during the fraud check, in which case the booking will no longer be available. You acknowledge and agree that Agoda shall not be held liable in such circumstances.

13.2 If you suspect an unauthorized or fraudulent booking was made using your Payment Instrument via Agoda, please contact Customer Service immediately. You should also contact your bank or Payment Instrument issuer immediately upon becoming aware of such unauthorized use.

14. TRAVEL ADVISORY, VISA REQUIREMENTS AND INSURANCE

14.1 It is your responsibility to ensure that you satisfy all applicable legal requirements when entering a country or territory, including its visa and health requirements. As these requirements are subject to change without notice, Agoda recommends that you review travel prohibitions, warnings, announcements and advisories and verify with the appropriate consulate prior to booking and again before departure. It is your responsibility to ensure that you are either insured by your own insurance company, or by the Travel Suppliers who may provide insurance coverage. Agoda takes no responsibility in the insurance process and recommends that you are sufficiently covered with a comprehensive travel insurance policy prior to departure.

14.2 By displaying Travel Products in or to particular destinations, Agoda does not represent or warrant that travel to such points is advisable or risk-free and Agoda shall not be held liable for damages or losses that may result from travel to such destinations. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions.

14.3 Unless otherwise stated on the Platform, prices do not include insurance. If insurance is displayed, marketed, or made available through the Platform (whether as an add on or a standalone product), you purchase it directly from the relevant third party insurer or its authorized distributor, and your contract is with that insurer, not Agoda. To the extent permitted by applicable law, the insurance may include value-added services, and details will be shown before purchase. By accessing the Platform, you acknowledge that Agoda does not underwrite, issue or administer insurance policies, nor do we guarantee the performance of any insurance product. The insurer's policy terms and conditions govern the insurance, and these Terms do not apply to insurance. Please review the terms and conditions of the applicable insurance product, which will be made available to you during the booking process. All matters relating to insurance, including claims, cancellations, refunds, coverage questions, determinations and disputes, must be directed to the insurer or any party appointed by the insurer (Agoda may only assist by referring you to the relevant party). To the fullest extent permitted by applicable law, Agoda makes no warranties about, and expressly excludes liability for, any insurance product, including its availability, suitability, coverage or performance.

SECTION C: ACCOMMODATIONS

15. ADDITIONAL PAYMENT OPTIONS

15.1 To the extent your booking includes Accommodations, you may be given the option to Book Now, Pay Later. If you have selected this option:

15.1.1 notwithstanding clause 9.2 above, your booking amount is payable on the Charge Date which will be at such future time as indicated in the corresponding confirmation email and you authorize Agoda or another Agoda Group entity to charge or debit your Payment Instrument on such Charge Date; and

15.1.2 you acknowledge and agree that a small verification charge or pre-authorization may also be made to your Payment Instrument at the time the Booking Request is submitted, with the balance charged when the booking amount becomes payable by you.

15.2 To the extent your booking includes Accommodations, you may be given the Pay at Hotel option to make payment directly at the relevant property. If you have selected this option:

15.2.1 notwithstanding clause 8.2, the Display Price may or may not include Taxes and Fees. Please verify the booking conditions and your confirmation email or voucher, or inquire with the Travel Supplier or contact our Customer Service team;

15.2.2 in some cases, a Travel Supplier may pre-authorize your Payment Instrument and charge a deposit or charge the full booking amount up-front; and

15.2.3 in some cases, a Travel Supplier may require your Payment Instrument details in order to guarantee your booking and you hereby authorise Agoda to send such information to that Travel Supplier in accordance with our Privacy Policy.

15.3 To the extent your booking includes Accommodations, depending on your location, you may be given the option to make payment of your booking amount in instalments ("Instalments" or "Deferred Payments"). If you have selected this option:

15.3.1 you acknowledge and agree that this payment option is not provided by Agoda but by a third party ("Instalment Facilitator") and subject to additional terms and conditions, including such terms and conditions as may be imposed by that Instalment Facilitator. You may be redirected to the Instalment Facilitator's environment to complete the instalment payment option and accept Instalment-specific terms and conditions. If you do not meet the Instalment Facilitator's terms it is at their absolute discretion to not make the instalment payment option available to you;

15.3.2 if you are in breach of the Instalment Facilitator's terms, you will be subject to the consequences stipulated by the Instalment Facilitator's terms. Agoda has no liability to you for any such consequences under these terms; and

15.3.3 Agoda reserves the right to cancel your booking, including on behalf of the Travel Supplier, if you breach the Instalment Facilitator's terms and you agree to pay and be solely liable for the full booking amount. You further agree that Agoda has the right to assign the full booking amount payable by you to the Instalment Facilitator and/or its factors.

15.4 To the extent (a) your booking includes Accommodations in India; (b) you are making the booking from an IP address located in India; and (c) you are paying with an India-issuer Payment Instrument, you may be given the option to Book with Zero Pay. If you have selected this option:

15.4.1 you will not be required to provide your payment information when you submit your Booking Request;

15.4.2 you have the option to not pay for your booking until the payment date shown on the booking form, payment information page and your booking confirmation. However, on or before such payment date, you must log into your Agoda account and complete payment for your booking using an India-issuer Payment Instrument; and

15.4.3 we may send you a reminder as the payment date approaches, but it remains your responsibility to complete payment on or before the payment date regardless of whether we send you a reminder.

16. STAR RATINGS

16.1 Star or other denoted ratings ("star ratings") may be displayed for some Accommodations on our Platform. Such star ratings are based on information we have received from the relevant Travel Suppliers and are provided for your information only. Agoda does not independently verify such star ratings and makes no representation that these ratings are or will be consistent with ratings on other websites and platforms. Without prejudice to the generality of clause 3.1, Agoda makes no guarantees or representations about the facilities, amenities, services, quality, comfort or any other features of any Accommodation based on the star ratings.

17. BEST PRICE GUARANTEE PROGRAM

17.1 We strive to have the most competitive prices and we want you to pay the lowest price possible for your stay at an Accommodation.

17.1.1 Should you find your Confirmed Booking Accommodation, with the same booking specifications and conditions, at a lower price on the internet after you have made a booking through us, you may submit a claim to us in accordance with the terms of our Best Price Guarantee. If we determine that your claim meets the requirements of our Best Price Guarantee, we will match the difference between the price offered on our Platform and the lower price in accordance with the terms and conditions of the Best Price Guarantee. This clause does not apply to any bookings made using the services of a Partner.

17.1.2 In addition to the above, to fetch the best price, you allow Agoda to exercise, at our sole discretion, but without any obligation whatsoever, to re-book the same room type, with the same benefits (insofar as it satisfies the conditions above), if available at a cheaper price and reimburse you the savings in AgodaCash to your Agoda account.

18. SECRET DEALS

18.1 To the extent that your booking relates to an Accommodation which is part of Agoda's Secret Deals program, you acknowledge and agree that you will only be notified of the name, location, and contact details of such Accommodation once you have a Confirmed Booking, and that such booking cannot be cancelled and is non-refundable to the extent permitted by applicable law. Accommodations that are part of the Secret Deals program come through specific arrangements with Travel Suppliers, and are indicated with a specific logo. Accommodations offered through the Secret Deals program may or may not be reflected in traditional retail inventory. When selecting and confirming such a booking, you acknowledge that your booking is made in accordance with clause 7.1.

19. FAST TRACK SERVICE

19.1 Agoda "Fast Track Service" will enable you to get priority access to our customer service. At the time of your booking, you will be offered Agoda's Fast Track Service attached to the corresponding booking. Upon completion of your purchase of the Fast Track Service, Agoda will provide you with priority access across all modes of communication with our customer service agents - calls, emails, chats - corresponding to that booking. This means that you will be put first/ahead in the queue when you contact our customer service. Please note that the Fast Track Service will be offered similarly to all purchasers, which means that Fast Track Service will be offered on first-come-first served basis if there are multiple purchasers of the same service reaching out to our customer service at the same time. In the times of emergency, force majeure, natural disaster, etc., Agoda will provide this service on best effort basis.

19.2 You can avail the Fast Track Service by paying an additional amount (over and above the price of your accommodation) at the time of booking your accommodation ("Fast Track Fee"). The amount of the Fast Track Fee will be calculated as a percentage of the total booking value of your selected accommodation and will be charged to you inclusive of applicable taxes. Once purchased, the Fast Track Fee will not be refunded to you in any event, including in the events of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to Agoda's customer service, even post cancellation of your corresponding booking, should you have any questions later.

19.3 Upon completion of your purchase, the Fast Track Service will be available to you only with respect to the corresponding booking:

a) for departed bookings - from the time of booking creation up to 30 days after checkout date; or

b) for cancelled bookings - from the time of booking creation up to 30 days after cancellation date.

20. SMARTFLEX SERVICE

20.1 Smartflex service allows you to book an accommodation with enhanced cancellation flexibility ("Extended Cancellation Period") while making a reservation at your selected property ("Smartflex Service"). At the time of booking, amongst other offers, you may choose Smartflex Service. During the Extended Cancellation Period available to you under Smartflex Service, you can cancel your booking without any charge or cancellation fee. Cancelling your booking outside of this Extended Cancellation Period may attract cancellation fee as per the cancellation policy of the property. Both, at the time of your booking and upon completion of your purchase of the Smartflex Service, you will see the terms of the Extended Cancellation Policy corresponding to that booking.

20.2 Smartflex Service is available to you by paying an additional amount (over and above the price of your accommodation) at the time of booking your accommodation ("Smartflex Service Fee"). Smartflex Service Fee will be disclosed to you at the time of your booking on the booking form/payment information page. In certain events, Smartflex Service Fee may not be refunded to you in case of cancellation of your associated booking.

20.3 By choosing to purchase Smartflex Service offer, you agree to these Terms and all other terms made available to you at the time of your booking.

21. CANCEL FOR ANY REASON SERVICE

21.1 For eligible Accommodation and Flight bookings, Agoda has partnered with Cover Genius Singapore Pte Ltd. ("Cover Genius") who would offer an enhanced cancellation policy, called 'Cancel for any reason' ("CFAR Service") independently to Agoda bookers. CFAR Service is provided, operated and managed by Cover Genius through XCover.com and not by or on behalf of Agoda. While making a reservation at an eligible Accommodation or for an eligible Flight, you may choose to add the CFAR Service as part of the Accommodation or Flight reservation. The CFAR Service allows you to cancel your Accommodation or Flight reservation at any time prior to check-in/booking commencement, in accordance with the terms of the CFAR Service and the corresponding policy issued to you by Cover Genius ("CFAR Policy"). The CFAR Service automatically expires as per the expiration date mentioned in the CFAR Policy issued to you by Cover Genius.

21.2 CFAR Service is made available to you by Cover Genius by you paying an additional amount (over and above the price of your Accommodation or Flight) at the time of booking your Accommodation or Flight ("CFAR Service Fee").

21.3 By choosing to purchase and use the CFAR Service, you agree to these terms and conditions of CFAR Service, which are contained in the CFAR Policy issued to you by Cover Genius. The terms and conditions of the CFAR Service applicable to your booking, including exclusions and limitations, will be made available to you by Cover Genius at the time of your booking and upon completion of your purchase of the CFAR Service. For more information, visit help center.

SECTION D: FLIGHTS

22. RESCHEDULING AND CHANGES

22.1 To the extent that your Confirmed Booking includes any Flight(s), you acknowledge that the Travel Supplier and/or relevant airline or airlines may reschedule or cancel such Flights in accordance with the Travel Supplier Terms. Agoda is not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights, and any failure by the Travel Supplier to provide you with notice of changes to the Flights.

22.2 If you wish to modify or cancel any Flight component of your Confirmed Booking, you acknowledge that in accordance with clause 10.3 above, Agoda will impose an additional charge of up to USD 50 (or the equivalent thereof in another currency) per person for each modification, except where prohibited by local law, and this is in addition to any applicable charges by Travel Suppliers and airlines. While these charges are additional, they are part of the compensation for our Services for Flights bookings.

23. FARES WITH MULTIPLE AIRLINES

23.1 We may offer fares that are a combination of one-way and/or return Flight segments that could involve different airlines. In processing your combined Flight booking, it is possible that certain Flight segments will be confirmed and other Flight segments for the same journey cannot be booked (or may be cancelled or significantly changed after booking). You acknowledge that each Flight segment in a combined journey is a separate flight booking. You will not be allowed to modify or cancel the confirmed Flight segments for free, even if other Flight segments for the same journey are not successfully booked. All Flight bookings are subject to terms and conditions that may vary based on the travel origin/destination, including policies on Flight booking changes and fees, cancellations, and refunds for individual or combined Flights/segments. Changes to one Flight may not automatically be applied to the other Flight segments, which may need to be changed individually. This may result in separate fees and charges to change each segment, including the Agoda Booking Fees. You may require evidence of a return or onward travel for international flights. If the bookings of all Flight segments will be confirmed, you will receive a single booking confirmation for the whole journey. The fee Agoda retains as part of the compensation for its Services and to cover the costs of booking or facilitating your reservation, is calculated based on the whole journey at the time of booking.

24. AIRLINE AND TICKET CONDITIONS

24.1 Without prejudice to the generality of clause 7.5 above, you agree to be bound by the terms and conditions of carriage of the airline(s) issuing the tickets for any Flight component of your Confirmed Booking. Such terms and conditions may include restrictions in relation to payment, refunds, cancellation, reservation modification, scheduled times and dates, liability, and fare restrictions and conditions. There may also be prohibitions on "point-beyond", "hidden-city", or "back-to-back" tickets and other bookings which include segments which you do not intend to use, on use of flight coupons out of sequence, and on buying a return ticket when you only intend to travel one-way. You understand that any violation of any terms and conditions of the airline, including purchase conditions, could result in cancellation of your Flight(s), being denied access to your Flight(s), or forfeiting any payments made for Flight(s). We may also charge you for any costs and penalties incurred as a result of such violation. We recommend that you read the refund, cancellation and no-show policies applicable to your Flight(s) carefully prior to making your booking, including where the airline changes or cancels your Flight booking.

24.2 Sometimes, cheaper fares are available on the Platform for the same Flight, for the same Flight segment(s) on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your booking. Different tickets on the same airline for the same Flight may carry different restrictions or include different services.

24.3 Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, including free or included pieces or weight of your baggage, seat selection, meals and priority boarding. While we provide some details of what is included in your ticket for your Flight, this is not a substitute for, or summary of, the airline terms and conditions and you should ensure to review these separately.

25. FLIGHT PRICE

25.1 Please note that all prices for Flights on the Platform are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. We may also charge booking fees for certain types of bookings during or after the Booking is made. These will be displayed in the booking form.

26. CUSTOMER SERVICE PACKAGES

26.1 The Customer Service Packages for Agoda Flights ("Service Package") are available in three tiers - Premium, Plus and Basic - with each tier providing you with a different level of support and benefits as follows:

26.1.1 Agoda Modification and Cancellation Fee

The applicable Agoda modification and cancellation fee, pursuant to the Terms, for your request to modify or cancel the Flight component of your Confirmed Booking will be fully waived for Premium tier and partially waived for Plus tier. Note that this modification and cancellation fee refers to the fee imposed by Agoda which is in addition to any applicable charges by Travel Suppliers and airlines. Non-refundable or non-changeable booking(s) will continue to be subject to the terms and conditions of the Travel Suppliers and airlines.

26.1.2 Prioritized Customer Service Responses

Users in the Premium and Plus tiers will be provided with priority access when corresponding with our customer service agents in relation to the Flight bookings. This means that you will be prioritized in the queue of all callers and/or emails, depending on the tier you are in, when you contact our customer service. Priority access for Premium and Plus tiers are available when you contact Agoda customer service via the Help Center. Your call and/or email will be prioritized based on the Flight Booking ID provided by you. Users in the 'Premium' tier enjoy the shortest waiting time when contacting our customer service and will be prioritized over Users in the 'Plus' and 'Basic' tiers. Users in the 'Plus' tier will be prioritized over Users in the 'Basic' tier. Prioritization among Users within each tier will be given on a first-come-first served basis.

In the times of emergency, force majeure, natural disaster, etc., Agoda will provide this service on best effort basis.

26.1.3 Promocode for Accommodations

Each User in the Premium and Plus tier will receive a one-time use promo code applicable on an Accommodation booking of a minimum value of USD 250 on our Platform. The promo code will expire one (1) year from the purchase date of your Service Package. The use of promo code is subject to the applicable Terms governing Promotions.

26.2 The Service Package is available to you for purchase by paying the applicable Service Package fee at the time of booking your Flight(s) ("Service Package Fee"). The Service Package Fee is non-refundable including in the event of cancellation of your corresponding (fully/partially/non-refundable) booking. However, you will continue to have priority access to our customer service, even after the cancellation of your booking.

26.3 Upon completion of your purchase, the Service Package support and benefit will be available to you:

a) only with respect to the corresponding Flight booking; and

b) for a period of one (01) year only from the date of your corresponding Flight booking.

SECTION E: COMBINATION

27. SPECIFIC COMBINATION TERMS

27.1 Further to clause 8 above, the total Display Price for any Combination is based on booking and paying for the component of the Travel Products (e.g., the Accommodation(s) and the Flight(s) as a combined package). You acknowledge that the Display Price may not be the same as booking and paying for each component of the Combination separately.

27.2 If the terms and conditions of your Combination permit you to change or cancel part of your Combination and you do so, your booking may then cease to constitute a Combination and the benefits and savings achieved by booking a Combination may no longer apply or be available.

27.3 Notwithstanding clause 7.3 above, where your Booking Request relates to a Combination, each Travel Supplier involved must accept your Booking Request in order for you to receive a Confirmed Booking, and a separate contract is formed between you and each Travel Supplier involved for the respective Travel Product provided by that Travel Supplier.

27.4 Further to clause 10 above, where you have booked a Combination that comprises two or more Travel Products, changes to or cancellations of one Travel Product will not automatically be applied to the other Travel Product(s). You are responsible for making any consequential changes and/or cancellations and any fees and charges incurred in doing so.

SECTION F: CERTAIN ACTIVITIES-RELATED TERMS

28. AGODA AS SELLER

28.1 For certain Travel Products offered in certain countries and territories, Agoda may act as the seller and not as an agent of the Travel Suppliers or the operator of the Travel Product. In these cases, your contract for the purchase of such Travel Product is directly with Agoda.

28.2 Where Agoda is the seller, this will be expressly indicated in your booking confirmation. All payments for such Travel Products will be made directly to Agoda.

28.3 For bookings where Agoda is the seller, Agoda is responsible for processing your booking and providing customer support related to your booking, in accordance with these Terms and the terms and conditions applicable to the Travel Product. However, Agoda does not own, operate, nor is it responsible for the operation or performance of the Travel Products themselves. The Travel Suppliers remain fully responsible for the provision and operation of the Travel Products, and your use of such Travel Products is at your own risk.

28.4 The terms and conditions of the relevant Travel Supplier, including rules, restrictions, and requirements for use, will continue to apply to your Confirmed Booking and your access to and use of the Travel Product. You are responsible for complying with all such terms and conditions, and failure to do so may result in cancellation or invalidation of your booking.

28.5 Agoda's liability in respect of Travel Products for which it is the seller is governed by the applicable limitation of liability provisions in these Terms, including but not limited to clauses 36.9 and 36.10.

28.6 Except as expressly set out in this Section F, all other provisions of these Terms continue to apply.

SECTION G: OTHER AGODA PROGRAMS

29. AGODA PRICE ALERTS

29.1 Agoda offers the "Price Alerts" feature on our Platform in relation to certain Travel Products. Where available, you may set the Price Alerts feature to alert you through your selected communication channel about certain price changes to the relevant Travel Product during a specified time period.

29.2 You are responsible for updating your Price Alerts settings. Price Alerts within your settings will continue to be sent to you even if you make a booking for that Travel Product or any other Travel Product until you change your Price Alert settings. Opting into receiving Price Alerts will not affect any other choices you have made regarding receiving communications from us. You may opt out of receiving Price Alerts at any time by clicking on the 'turn off price alerts' or a similar message found in the Price Alerts sent to you. For more information on this, please see our Privacy Policy.

30. POINTSMAX

30.1 Agoda's "PointsMAX" program allows you to collect points with certain third-party loyalty programs (e.g., mileage programs from airlines) where available in respect of certain Travel Products. Agoda does not apply an additional charge to your booking amount in order for you to collect the third-party loyalty program points. You are responsible for selecting and inputting the correct third-party loyalty program details in order to collect such points. The PointsMAX program is subject to the terms and conditions of the PointsMAX Policy. All participating third-party loyalty programs are operated by third parties and Agoda shall not be liable for any losses, claims or damages suffered in connection with such loyalty programs.

31. AGODA VIP PROGRAM

31.1 Agoda's loyalty program ("VIP Program") offers eligible members who are members of the VIP Program ("VIP Members") discounted rates and/or other special benefits on selected Travel Products ("VIP Benefits"), as determined by Agoda and/or participating Travel Suppliers. VIP Program membership is free of charge, non-transferable, and tied to a specific Agoda account and its owner. The VIP Program may include multiple tiers. Eligibility for each tier is determined by criteria we set (for example, completed bookings, total spend, and other factors), and different tiers may offer different VIP Benefits.

31.2 Only selected bookings qualify for VIP Benefits. Unless expressly stated otherwise, VIP Benefits do not apply to additional purchases or add-ons (such as upgrades, extra baggage, or ancillary services). Certain VIP Benefits (including but not limited to Free Fast Track Services) may be available only to eligible VIP Members in specific tiers and may be subject to additional conditions from time to time (for example, location, booking type, booking value, or other criteria we set).

31.3 Current VIP Program details, including eligibility criteria, criteria for each tier and the applicable VIP Benefits, are shown in the VIP Program section on the Platform and may be updated from time to time. We may change, suspend, or terminate the VIP Program, any tier, or any VIP Benefits from time to time, including, without limitation, changes to membership criteria, eligible booking types and the structure of the VIP Program. We may implement non-material changes to the VIP Program without advance notice, including, without limitation, revisions that do not affect the nature and scope of services provided by Agoda, other changes that do not affect essential provisions of the VIP Program, or changes that are required by law, a final court decision, or a binding order of a competent authority. We may also investigate suspected fraud or misuse and where necessary, suspend or terminate VIP Program membership and/or withdraw VIP Benefits.

SECTION H: GENERAL TERMS

32. DATA PROTECTION AND PRIVACY

32.1 For information regarding our treatment of your personal data, please review our current Privacy Policy, which is incorporated by reference into these Terms. To the extent required under applicable law, your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your personal data in accordance with our Privacy Policy.

33. INTELLECTUAL PROPERTY

33.1 Unless otherwise stated, all rights in our Platform (including the intellectual property, technology, trademarks, arrangement and compilation of the Content and the infrastructure used to provide such Content, etc.) are owned by or licensed to Agoda. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platform and/or our Services granted to you pursuant to these Terms. Agoda's trade or service marks may not be copied, scraped, imitated or used, in whole or in part, without our prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Agoda's trade or service marks.

33.2 Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Agoda.

34. COPYRIGHT INFRINGEMENT CLAIMS

34.1 If you believe in good faith that any Content hosted by us infringes your copyright, you or your agent may send us a written notice in accordance with our Copyright Infringement Claims Policy.

35. INDEMNITY

35.1 You agree to indemnify, defend and hold harmless the Agoda Group, their subsidiaries and other affiliates, and each of their respective partners, officers, directors, employees, representatives, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its Contents, payment service providers and other applicable third parties ("Covered Party(ies)") from and against any liability, damage or loss including legal fees and expenses in excess of the limits of liability set out in clause 36, arising out of or related to your (or any other person using your Agoda Account's):

35.1.1 breach of or non-compliance with any applicable law or these Terms;

35.1.2 illegal, improper or unauthorized access to our Platform;

35.1.3 illegal, improper or unauthorized use of any of our Services;

35.1.4 illegal, improper or unauthorized booking or use of any products and/or services obtained through our Platform;

35.1.5 negligence or willful misconduct; and

35.1.6 infringement or misappropriation of the rights of a third party, including without limitation any intellectual property rights or rights of publicity or privacy, (the "Third-Party Claim(s)").

35.2 We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third-Party Claim. You will not make any settlement that may adversely affect the rights or obligations of Agoda Group without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.

36. DISCLAIMERS AND LIMITATIONS OF LIABILITY

36.1 Agoda has no special relationship with or fiduciary duty to you for accessing and using our Platform, Content and Services. We have no control over, and no duty to take any action regarding:

36.1.1 which Users gain access to our Platform;

36.1.2 what Content you access via our Platform;

36.1.3 what effects our Content may have on you;

36.1.4 how you may interpret or use our Content; and

36.1.5 what actions you may take as a result of having been exposed to the Content.

36.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are not responsible for the availability and quality of your telecommunication reception when accessing or using our Platform or Services.

36.3 The Platform, including all Services and Content therein, are provided on an "as is" and "as available" basis. We disclaim any and all warranties (express, implied or otherwise), including without limitation warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, and that our Platform is free from interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance, or by using services of generative AI algorithms or similar technology.

36.4 We do not warrant or make any representations regarding: (i) the acceptance of any request; (ii) the availability of any Travel Product through the Platform; (iii) the results that may be obtained from the use of the Platform; or (iv) that you will receive the lowest available price for any Travel Product available through the Platform.

36.5 Without prejudice to the generality of this clause, except for liability arising from gross negligence or willful misconduct, Agoda disclaims all liability arising out of or in connection with:

36.5.1 errors or inaccuracies on our Platform, including without limitation errors in descriptions, pricing, booking availability, photographs, features, inclusions and exclusions, reviews and ratings and Agoda reserves the right to correct any errors in booking availability and errors in pricing on our Platform at all times;

36.5.2 legality, decency or propriety of any material contained or accessed through our Platform, including material on other websites that we may direct you to;

36.5.3 any advertising material submitted by third parties and displayed on our Platform, including without limitation any error, omission or inaccuracy thereof;

36.5.4 any information shown, and any suggestions or recommendations made, about the Services or Content on our Platform, for any purpose;

36.5.5 any disruptions to our Platform and the services offered on and through it; and

36.5.6 any viruses or other harmful components contained in email that we may send.

36.6 Except for liability arising from gross negligence or willful misconduct on behalf of Agoda or the Covered Party, in no event shall any Covered Party be liable for any direct, special, indirect, incidental, exemplary, compensatory, punitive or consequential loss or damage of any kind, including but not limited to:

36.6.1 loss of actual or anticipated income (whether direct or indirect);

36.6.2 loss of actual or anticipated profits (whether direct or indirect); or

36.6.3 loss of contracts or business (whether direct or indirect),

howsoever arising under or in connection with these Terms, even if we have been advised of the possibility of such damages. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.

36.7 You acknowledge and agree that the Agoda Group does not in any way directly or indirectly operate or control any Travel Product provided by any Travel Supplier or other third party, and that we have no control over or responsibility whatsoever for any arrangements you make with them as a result of your use of our Platform or Services. You also acknowledge and agree that if there is a dispute between you and any Travel Supplier or other third party, Agoda is under no obligation to become involved. Except for liability arising from gross negligence or willful misconduct, Agoda disclaims all liability arising out of or in connection with any loss or damage you incur with any Travel Supplier or other third party. In the event of non-performance of any Confirmed Booking, including from bankruptcy, rehabilitation, reorganization, insolvency, dissolution or liquidation of a Partner and/or Travel Supplier, you agree that your only recourse will be against such Partner and/or Travel Supplier and not against us.

36.8 If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Platform or Services, or your booking or use of products or services made available through our Platform, other than loss or damage caused by our gross negligence or willful misconduct, then the liabilities of the Agoda Group in the aggregate will not exceed the lower of (a) the aggregate cost of your purchased Travel Product as set out in the confirmation email (whether for one event or a series of connected events); and (b) USD 250 (or its equivalent in local currency). In case of an overcharge or mischarge caused by Agoda, you may make a claim regarding all erroneous charges notwithstanding what is set out above.

36.9 Nothing in this clause shall limit or exclude any liability that cannot be limited or excluded under applicable law and Agoda shall bear the liability to the extent set forth in the relevant laws.

36.10 You agree that, except for liability arising from gross negligence or willful misconduct, the above limitations of liability reflect the allocation of risk between you and Agoda and that, in the event that any of the remedies set out in these Terms are in breach of applicable law, these limitations of liability will survive.

37. SHOPPING CART

37.1 Agoda provides the option to search and request reservations for combined and/or multiple bookings using the Shopping Cart for selected Travel Products. Not all Travel Products offered on the Platform can be booked as part of a combined or multiple booking and those which can be booked as part of a combined or multiple booking will be identified as such during the booking process.

37.2 Eligible Travel Products on the Platform will be identified while you are searching and/or when you select the Shopping Cart option on the Platform. Making combined or multiple bookings can unlock greater savings on competitive prices for individual Travel Products and the savings will be identified as early as possible in the booking process as 'Bundle Savings'.

37.3 Except as identified, the terms and conditions which apply to the Shopping Cart, as set forth in this clause, are in addition to, and in conjunction with, the terms of use for the respective Travel Products.

37.4 Please note that the price, rate, or fare for the relevant Travel Product displayed on the Platform can vary even for the same or similar Travel Product. These variations may be due to factors including without limitation the time and date of your booking, what is included in the total price, rate, or fare (as applicable) and the terms and conditions on which such price, rate, or fare is offered, particularly in relation to cancellation and refund terms and conditions. A combined or multiple booking may be completed and paid for in a single visit to the Platform and if the booking is not completed during the booking process, your selected Travel Products will be temporarily saved for you to complete your purchase at a later time. Your selections will be saved for ease of later booking, but are not held for you and may be booked by other customers in the interim. Selections not purchased will be released after a limited period of time and you will need to start your booking again. Please note that previously selected Travel Products may be sold out or their prices may change.

37.5 If you do not proceed with a combined or multiple booking of Travel Products, the price of the individual Travel Product will be displayed.

37.6 If you make a combined or multiple booking, you acknowledge and agree that the terms and conditions of each Travel Product will apply to that booking, as if it were a separate booking. Please note that different terms and conditions may apply even if you make a combined or multiple booking, including where you make more than one booking for the same Travel Product.

38. EVENTS BEYOND OUR CONTROL

38.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our and/or the Covered Parties' control including, but not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, or pandemic.

39. MISCELLANEOUS

39.1 Agoda reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any part thereof. If our Platform is terminated, your Confirmed Bookings will still be honoured by the Travel Supplier(s), subject to their terms and conditions, unless you receive a notification indicating otherwise. You will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Agoda shall not be liable to you or any third-party for any termination of your access to the Platform.

39.2 Agoda and the Agoda Group entities do not act as a travel agent in relation to the Services and any Travel Product, except as otherwise expressly stated in these Terms or on our Platform.

39.3 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between Agoda and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between Agoda and yourself in relation to such subject matter.

39.4 We may amend these Terms at any time. Such amendments shall be effective once they are posted on the Platform. It is your responsibility to review the Terms regularly. To the extent permitted by applicable law, your continued use of the Platform after any such amendments, whether or not reviewed by you, constitute your agreement to be bound by such amendments. Each of your bookings will be governed by the then-current applicable Terms at the time of such booking.

39.5 For your convenience, our Platform and these Terms exist in a number of languages and local versions but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of these Terms shall prevail.

39.6 Where any or part of these Terms is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms was severed from these Terms.

39.7 Save for any other Agoda Group entity, a person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (2001 Singapore) or any similar legislation in any jurisdiction to enforce any part of these Terms. You may not assign or transfer your rights under these Terms without our prior written consent. We reserve the right to freely assign these Terms and our rights and obligations hereunder.

39.8 No failure or delay to exercise Agoda's rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce Agoda's rights under these Terms.

39.9 For the avoidance of doubt, these Terms do not apply to commercial contractual relationships that the Agoda Group entities may have with others, including but not limited to the Travel Suppliers and certain marketing partners.

39.10 You acknowledge and agree that monetary damages are not an adequate remedy at law for the unauthorized use of automated means or automated assistants (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), that such unauthorized use may cause Agoda irreparable harm, and that Agoda is entitled to injunctive relief to prohibit such unauthorized use.

39.11 Except as provided for elsewhere in these Terms, including in the Arbitration Agreement for U.S. customers in clause 46 of these Terms, these Terms (and any and all disputes arising out of or in connection with these Terms, including without limitation any alleged breach, or challenge to the validity or enforceability, of these Terms or any provision thereof) will be subject to the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute. Notwithstanding any other provision herein requiring binding arbitration with customers, any cause of action related to the unauthorized use of the Content of this Platform by an automated means or automated assistant (including, but not limited to, those that operate by interacting with or otherwise making use of your browser, such as AI-powered assistants, and any action in violation of clause 1.3.5 of these Terms), is an exception to the disputes that are subject to arbitration, and shall be brought in a judicial proceeding in a court of competent jurisdiction, separate and apart from any claim or cause of action subject to arbitration.

INFORMATION, QUESTIONS AND COMPLAINTS

For additional information and to learn more about Agoda, please refer to our FAQs on the Platform.

If you have complaints about our Services, you can contact our Customer Service. We will do our very best to help you. Please note that any complaints about Travel Products themselves are ultimately a matter for the Travel Supplier. Agoda may coordinate directly with a Travel Supplier to try and find a mutually agreeable solution for you but cannot guarantee a satisfactory outcome.

SECTION I: COUNTRY SPECIFIC TERMS

40. AUSTRALIA

Consumer rights under the Australian Consumer Law

40.1 If the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010, applies to you, you have certain rights, which cannot be restricted, modified or excluded by these Terms or those of our Partners and Travel Suppliers, including in respect of consumer guarantees. Further information can be found at: https://www.accc.gov.au/.

40.2 Our Terms should be read subject to the Australian Consumer Law, particularly in respect of our obligations and liability.

40.3 If the Australian Consumer Law applies to you as a consumer and the goods and/or services supplied to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability and the liability of our Partners for failure to comply with a consumer guarantee under the Australian Consumer Law, except for a guarantee under sections 52, 53 or 54, is limited to one or more of the following, at our or our Partner's election (as applicable):

40.3.1 the supply of services: the resupply of the services or payment of the cost of having the services supplied again; and/or

40.3.2 the supply of goods: replacement or repair of the goods, the cost of replacement of repair or the supply of equivalent goods.

Insurance

40.4 We do not hold an Australian Financial Services Licence and we are not authorised to advise or arrange any financial product, including insurance. We can provide a hyperlink or other means of referring you to a licensed insurer which will enable you to deal directly with licensed insurers or their agents.

40.5 We may receive a commission from an insurer for any insurance product you consider or buy as a result of a referral from the Platform.

41. NEW SOUTH WALES, AUSTRALIA

41.1 If you are staying in short-term rental Accommodation in New South Wales, you must comply with the Code of Conduct of the NSW Short-term Rental Accommodation Industry ("the Code"), which can be accessed here.

41.2 The Code imposes obligations on all parties, including on you and on us.

41.3 Please ensure that you review and understand the Code, particularly the definitions in Part C and your obligations, particularly in section 2.5 of the Code.

41.4 Your rights to lodge a complaint with the Commissioner for Fair Trading are set out in section 3 of the Code.

42. HONG KONG

42.1 For bookings originating from Hong Kong, the Services are provided by Agoda International (Hong Kong) Limited, a company incorporated under the laws of Hong Kong SAR, China, having its registered address at Flat/RM 2008-2010, 20/F, Tower 6 The Gateway, Harbour City, Kowloon, Hong Kong, and registered with the Hong Kong Travel Industry Authority under the Travel License number 354673, and the transactions will be governed by the laws of Hong Kong.

42.2 Your booking originates from Hong Kong if we identify your IP address to be from Hong Kong when you book a Travel Product on our Platform. You understand and acknowledge that:

42.2.1 Subject to the limitation of online transactions, IP address is the most reasonable and accurate criterion for Agoda to identify Hong Kong customers; and

42.2.2 If you are physically located in Hong Kong, but for whatever reason, use a VPN (or other similar tools or technologies that result in a disguised IP address) to connect to our Platform and make a Travel Product booking from such disguised IP address, your booking will not be deemed as originating from Hong Kong and such transaction will not be governed by the laws of Hong Kong.

42.3 All the marketing activities, promotions and campaigns targeting the public of Hong Kong, whether on our Platform or via other third-party platforms, are carried out by, or on behalf of, Agoda International (Hong Kong) Limited.

42.4 If your booking(s) meet both conditions below, you may contact Customer Service, before the traveling dates of your booking(s), to request combination of such booking(s) into one outbound trip package:

42.4.1 you have booked separately any two or more of the following Travel Products:

(i) Accommodation(s) outside of Hong Kong;

(ii) Flight(s) commencing from Hong Kong;

(iii) Activities outside of Hong Kong;

provided that for the avoidance of doubt, two or more bookings under the same subparagraph (i) to (iii) above (for example, two outbound flight bookings) are not eligible for combination; and

42.4.2 the booking(s) above relate to the same outbound trip.

Please note that if you choose to combine such separately purchased Travel Products into one outbound trip package, you will be charged an additional levy of 0.15% on the total booking value of such Travel Products and be protected by the Travel Industry Compensation Fund for the relevant outbound trip.

43. INDIA

43.1 For help with your bookings relating to India only, please go to our Help centre: https://www.agoda.com/info/contact.html

43.2 For grievances, you can submit issues to Benny Philip, (Associate Director Customer Experience Group), our grievance officer at grievance.officer@agoda.com. Only grievances relating to bookings for properties in India that have been made on our Platform will be answered.

44. MALAYSIA

Contracting Entity for Bookings

44.1 If you are using our Platform in Malaysia for a booking comprising Flights, the contracting entity is Corporate Information Travel Sdn. Bhd., having its registered address at B-1-3, B-1-4 (1st Floor) & B-11-2 (11th Floor), Block B, Northpoint Office Mid Valley City, No.1, Medan Syed Putra Utara, 59200 Kuala Lumpur and which is a holder of Malaysian travel agency licence KPK/LN: 0110, and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Corporate Information Travel Sdn. Bhd. instead.

44.2 If you are using our Platform in Malaysia and purchase Comprehensive Travel Protection, this is offered by Berjaya Sompo Insurance Bhd, having its registered address at Level 36, Menara Bangkok Bank, 105, Jln Ampang, 50450 Kuala Lumpur, Tel: 1-800-889-933. Registration: 198001008821 (62605-U). Details of the Comprehensive Travel Protection can be found at www.berjayasompo.com.my.

45. SINGAPORE

Contracting Entity for Bookings

45.1 If you are using our Platform in Singapore for a booking comprising Flights, the contracting entity is Agoda Travel Services Pte. Ltd., having its registered address at 1 Wallich Street #34-01 Guoco Tower Singapore 078881 and which is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201922705C and a holder of Singapore travel agency license TA03302, and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda Travel Services Pte. Ltd. instead.

46. UNITED STATES

You understand that Agoda (including any related company or authorized service provider acting on Agoda's behalf) acts as a payment collection agent of the Travel Supplier for the limited purpose of accepting your payment on behalf of the Travel Supplier, unless explicitly stated otherwise. For clarity, Agoda is not an agent of the Travel Supplier in any other manner not expressly enumerated herein. Upon Agoda's collection of your full payment, your obligation to the Travel Supplier for that amount is extinguished, and in the event that Agoda does not remit any such amounts, the Travel Supplier will have recourse only against Agoda.

Contracting Entity for Bookings

46.1 If you are using our Platform in the United States for a booking comprising Flights, our booking facilitation-related Services are provided by Agoda International USA LLC, having its registered address at Brandywine Plaza 1521 Concord Pike, Suite 201, Wilmington, New Castle County, DE, 19803, United States, on behalf of Agoda and all references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda International USA LLC, instead.

Fee

46.2 For accommodations, the room rate displayed through our Services is a combination of the amount charged by the Travel Supplier and a fee charged and retained by Agoda. Agoda may also charge and retain additional separate fees in providing its Services to you, which may vary based on the amount and type of booking.

Arbitration

46.3 For US customers only: This clause 46.3 ("Arbitration Agreement") only applies to US customers. Please read this clause 46.3 carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. This clause 46.3 will survive termination of these Terms.

This provision is intended to be given the broadest interpretation and application to encompass all disputes or claims arising out of or relating to your relationship with Agoda, including the use of our Platform, our Services and any other interactions with us (all, "Claims"). Agoda is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you may have. If we are unsuccessful, any dispute or Claim arising out of or relating to this clause and your relationship with Agoda or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take Claims to small claims court if they qualify for hearing by such a court.

Opt-Out Procedure: Notwithstanding the above, you may opt out of this binding arbitration provision within 30 days after this clause comes into effect (the "Opt Out Deadline"). This will be the earliest of: (a) the date you first used our Platform; (b) the date you first used our Services; or (c) the date you started a relationship with us. You may opt out of these arbitration procedures by sending us a written notice with an unequivocal statement that you want to opt out of this Arbitration Agreement, using any of the following methods:

By email to arbitration.optout@agoda.com with the subject line: Terms of Use - US Opt Out Notice.
By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 36 Robinson Road, #20-01 City House, Singapore 068877.
Using our online customer service form. This option is supported if you have made a booking through Agoda and have a confirmation number.

We must receive your opt-out notice no later than 3 days after the Opt Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration or small claims court (if available) if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt Out Deadline. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and not through any third-party. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any versions of this Arbitration Agreement to which you previously agreed, which will remain in effect.

Pre-Dispute Resolution Notice Obligation: For all Claims, each party must first send a written description of the Claim to the other party to allow the other party an opportunity to resolve the dispute. You and we each agree to negotiate the Claim in good faith. You or we may request arbitration if the Claim cannot be resolved within 60 days. To initiate the pre-dispute resolution process, a party must send written notice of the Claim to the other party ("Claim Notice"). Claim Notice can be sent to Agoda:

By email to arbitration.optout@agoda.com with the subject line: Terms of Use - US Claim Notice.
By regular mail or courier to our registered address at Legal Department, Agoda Company Pte. Ltd., 36 Robinson Road, #20-01 City House, Singapore 068877.

A Claim Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Claim, including the specific relief sought. Any Claim Notice to you will be sent to your email or mailing address we have on file together with a description of the Claim. It is your responsibility to ensure your email and mailing address provided to us are correct and remain up to date. The Claim Notice must be signed by the party initiating the Claim (i.e., either you personally or an Agoda representative). The pre-dispute resolution process lasts 60 days and is a mandatory precondition to commencing arbitration. The statute of limitations and/or any filing deadlines shall be tolled while the parties engage in this process.

The arbitration of any Claim will be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (as applicable), as modified by this clause. The AAA Rules and information about arbitration and fees are available online at www.adr.org. To the extent of any inconsistency, this clause will supersede and govern the AAA Rules.

You and we agree that this clause evidences a transaction in interstate commerce and this Arbitration Agreement, including any arbitration and the procedures governing Batch Arbitration (defined below) will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration shall be initiated through and administered by the AAA and will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location unless the Batch Arbitration process is triggered. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Agoda shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Agoda. The arbitration will be conducted in the English language. You agree that, in the event of an in-person hearing, any Agoda employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence shall not be required.

If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the arbitration demand ("Demand"), then AAA will appoint the arbitrator in accordance with AAA Rules, provided that if the Batch Arbitration process is triggered, AAA, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, Agoda, and the Travel Product(s) or Service(s) that are the subject of your dispute with Agoda. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator's determination shall be conclusive.

Arbitration Award: The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual Claim without affecting other customers or Agoda Account holders, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. To the extent otherwise permitted by law, the arbitrator may also allocate arbitrator compensation, administrative fees, and/or the prevailing party's reasonable attorney's fees to the losing party upon the arbitrator's determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.

Nothing in these Terms will prevent you from seeking public injunctive relief, if applicable, separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual Claims. You and we agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from Agoda.

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.

Exceptions to Arbitration Agreement: You and we each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law.

**Class Action Waiver EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND WE EACH HEREBY WAIVE ANY RIGHTS TO HAVE A DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.**Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual Claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, are invalid or unenforceable as to a particular Claim or request for relief (such as a request for public injunctive relief), you and Agoda agree that that particular Claim or request for relief (and only that particular Claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York. You and we agree that any Claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Claims between you and us that remain in arbitration are finally resolved. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Agoda from participating in a class-wide or mass settlement of claims.

**Jury Trial Waiver: YOU AND AGODA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.**You and Agoda are instead electing that all Claims shall be resolved by arbitration under the Arbitration Agreement, except as specified in the subsection entitled "Exceptions to Arbitration Agreement" above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Agoda agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Agoda by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90) day period, AAA shall (1) administer the arbitration Demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled ("Batch Arbitration"). AAA shall administer all batches concurrently, to the extent possible.

You and Agoda agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent you and Agoda disagree on the application of the Batch Arbitration process, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the AAA Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, you and Agoda agree, the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid in accordance with the AAA Rules.

You and Agoda agree to cooperate in good faith with AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude either you or Agoda from participating in any arbitration administered according to that process.

Invalidity, Expiration. Except as provided in the subsection entitled "Class Action Waiver," if any part or parts of this Arbitration Agreement (other than Batch Arbitration) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if the subsection titled "Batch Arbitration" is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Claims will be heard in the state or federal courts located in New York, NY.

Modification. You and Agoda agree that Agoda may modify this Arbitration Agreement in the future. Any such changes or modifications will be made in accordance with section 39.4 of these Terms, so you should check the Terms for updates regularly. Your continued use of the Platform and/or Services after the changes are posted, constitutes your acceptance of those changes. If you have previously agreed to an earlier version of these Terms that included an arbitration agreement and you did not validly opt out of arbitration at that time, changes to this Arbitration Agreement do not give you a new opportunity to opt out of that previous agreement to arbitrate. Agoda will continue to honor any valid opt outs of the Arbitration Agreement you made under a prior version of these Terms.

47. SOUTH KOREA

Agoda Payments Korea Terms of Use

For any transactions you make with us on our Platform that utilizes a Korean Payment Instrument, you agree to the specific terms and conditions as defined in the Agoda Payments Korea Terms of Use ("APK Terms of Use"). APK Terms of Use apply, in addition to these Terms, to all transactions conducted on the Platform and processed using Korean Payment Instrument in the relationship between you and Agoda Payments Korea LLC. However, if payment services are provided by another payment service provider in Korea, the APK Terms of Use will not apply. Matters not separately determined in this clause 47 shall remain governed by the Terms. In case of difference between the Terms and the APK Terms of Use, APK Terms of Use shall prevail. For purposes of this clause 47, "Payment Instrument" shall have the same meaning ascribed to the same in the APK Terms of Use.

Supplemental South Korea Terms on Location-based Services

47.1 Purpose

47.1.1 These Supplemental Terms for South Korea Users (these "Supplemental South Korea Terms") are to stipulate matters regarding rights and responsibilities between Agoda Company Pte. Ltd. and each user in the Republic of Korea ("Korea") of the location-based service provided by Agoda Company Pte. Ltd. ("Location-Based Service") (each such user, an "LBS User"). Terms defined in preceding parts of the Agoda Platform Terms of Use (such as Travel Products) have the same meanings, wherever used in these Supplemental South Korea Terms.

47.1.2 When an LBS User uses the Location-Based Service, these Supplemental South Korea Terms (in addition to the other parts of the Agoda Platform Terms of Use) shall apply to the LBS User.

47.2 Location-Based Service, Fees

47.2.1 Agoda Company Pte. Ltd. provides, on the Platform, the Location-Based Service, which searches for and identifies Travel Products near the LBS User's current location. The Location-Based Service is activated when the LBS User chooses it, as an option, for the destination of a Travel Products search.

47.2.2 The LBS User may use the Location-Based Services free of charge.

47.3 Use of Location Information; Retention and Destruction of Location Information

47.3.1 Agoda Company Pte. Ltd. uses only the minimum personal location information that is necessary in order to provide the Location-Based Service. The purpose of such use of personal location information will be to search for Travel Products in the vicinity of the LBS User.

47.3.2 Agoda Company Pte. Ltd. securely deletes the LBS User's personal location information after 6 months, except insofar as further retention is required in order to comply with applicable legal or regulatory obligations.

47.3.3 Agoda Company Pte. Ltd. maintains records confirming the use of the LBS User's location information (including access to and provision of such location information), as required under the Act on the Protection, Use Etc. of Location Information. Agoda Company Pte. Ltd. securely deletes the location information after 6 months, except insofar as further retention is required in order to comply with applicable legal or regulatory obligations.

47.3.4 Agoda Company Pte. Ltd. does not engage in third-party provision of an LBS User's personal location information. Agoda Company Pte. Ltd. may engage in entrustment of an LBS User's personal location information, and, if so, such entrustment (including the entrustee etc.) will be specified in Agoda Company Pte. Ltd.'s Privacy Policy.

47.4 Certain rights of LBS user as data subject of personal location information

47.4.1 The LBS User may at any time:

request Agoda Company Pte. Ltd. to delete the LBS User's personal location information, and records confirming the use and provision.
withdraw his/her consent to, or request to suspend, the collection and provision of his/her personal location information, for the Location Based Service.
request to view and receive his/her personal location information, or records confirming the use and provision of the personal location information, and, in the event of any errors therein, request correction of such errors.

In such case, and upon successful verification of LBS User's identity, Agoda Company Pte. Ltd. will attend to the LBS User's request promptly and in accordance with applicable laws. Upon withdrawal of consent, Agoda Company Pte. Ltd. will destroy LBS User's personal location information, and records confirming use and provision, without undue delay unless otherwise required or permitted under applicable laws.

47.4.2 The provisions of this clause 47.4.2 are to be read consistently with Agoda Company Pte. Ltd.'s Privacy Policy, including Section 11 thereof ("Exercising Your Data Subject Rights"), and shall be subject to the procedures specified in such Section 11 of the Privacy Policy. The LBS User (or his/her legal representative, if applicable) may exercise the rights herein, and any rights, as data subject of personal location information, under the Act on Protection, Use Etc. of Location Information, including to view or delete information etc., through Agoda Company Pte. Ltd.'s contact details specified in the Section 15 of the Privacy Policy.

48. JAPAN

48.1 If you are a User holding a Japanese Payment Instrument, please note that certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card holder). Please contact your issuing bank for details as this is outside the control of Agoda.

Contracting Entity for Bookings

48.2 If you are using our Platform in Japan for a booking comprising of a property licensed under the Private Lodging Business Act 2017, the contracting entity is Agoda Travel Services Pte. Ltd., having its registered address at 1 Wallich Street #34-01 Guoco Tower Singapore 078881 and registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201922705C and a holder of Singapore travel agency license TA03302. All references to "Agoda" in Sections B, C, D, E, G and H of these Terms as they apply to your Confirmed Booking shall be references to Agoda Travel Services Pte. Ltd. instead.

49. UNITED KINGDOM

49.1 This clause 49 applies to all Users in the United Kingdom ("UK Users"). In case of any inconsistency between this clause 49 and any other provision of these Terms, clause 49 will prevail. For UK Users, clauses 49.2 to 49.9 below replace and apply instead of clause 5 of the Content Guidelines. For purposes of clauses 49.2 to 49.9 below only, a reference to the "Content Guidelines" is a reference to clauses 1 to 4 of the Content Guidelines. For UK Users, clauses 35.1.1 and 35.1.2 of these Terms do not apply.

Content Moderation

49.2 Agoda's values, guidelines, and terms and conditions for all users-both travellers and supply partners-are designed to foster safe and welcoming travel experiences. To maintain this environment and ensure safety, we aim to take action against user reviews, hotel listings, hotel responses and other content that violate applicable law, our Content Guidelines, or these Terms ("Infringing Content"). We moderate content using a combination of automated keyword detection, rule-based threshold models, and manual review. These safeguards are designed to help minimise the length of time for which inappropriate and illegal content, including serious illegal content, is present on Agoda. For this purpose, serious illegal content includes terrorism content, child sexual exploitation and abuse content, and certain other illegal content. We will swiftly remove any illegal content from the Platform when we find out about it.

49.3 Agoda employs automated keyword detection to identify inappropriate user reviews and hotel responses, such as those containing profanity. If no inappropriate keywords are detected, the content is automatically approved. However, if inappropriate keywords are found, the content is flagged for human review. Reviews and hotel responses are scanned for inappropriate keywords, such as profane, discriminatory, and derogatory terms. Content flagged for human review is assessed by our in-house content moderation team, who decide whether to approve or reject it. Automatically approved content is regularly and randomly sampled and sent to our content moderators to ensure the quality of auto-approvals remains within the acceptable range.

49.4 User reviews-Content verification and enforcement. We aim to reflect the most up-to-date reviews from our travellers that comply with the following content moderation process we have in place for checking submitted text and images:

The first round of checks is performed by our machine learning algorithms, which use both automated keyword detection and automated image detection to identify inappropriate and illegal content before it is published. From the moment we receive a piece of content, it takes the algorithm moments to approve the content if no inappropriate images or illegal keywords are detected. The large majority of content is approved by our algorithms in this way and then published on our platform.
Content not approved by the algorithms is routed to our team of moderators. Any ultimate decision not to publish will therefore be taken by a human. We aim to review content within five business days and decide within that time frame if it is suitable to be published.
After the content is published, it can still be taken down if the content is reported by a user, or otherwise identified by us, and the content is found to be Infringing Content.

49.5 Reporting content on our platform. We work hard to maintain a platform filled with experiences appropriate for a global audience. If you ever come across illegal content on our platform, please let us know. Your feedback is crucial in ensuring a secure environment for everyone. After you submit a report, we will review your report against the law, our Content Guidelines, and these Terms. We will remove the reported content if we consider it to be Infringing Content. To report any content you think might be illegal, simply follow this link to our reporting form.

49.6 Appealing a moderation decision. If we remove, restrict or decide not to publish a review, photo, or other content item you have posted, we will tell you why in a simple message. The same applies if you have been given a warning or been suspended, banned or restricted from accessing or using Agoda because we consider your content to be Infringing Content. You can then edit your content to meet the standards set out in our guidelines or appeal our decision if you do not agree with it (for example, if you do not think the content is Infringing Content).

49.7 The appeal process. Once you have received a notification that states why your content was removed, you will be able to appeal the decision. To start the appeal, you can follow the link provided in the email letting you know your content was removed. When you appeal the decision, our content moderators will review your content against the law, our Content Guidelines, and these Terms once more and decide whether the content is appropriate to display on our Platform. You will be notified of the outcome of our review by email.

49.8 Claims. You have a right to bring a claim against us for breach of contract if your access to the Platform is restricted or blocked, or content which you have posted is removed from the Platform, or access to it is restricted, in breach of these Terms.

49.9 Children, affected users, and freedom of expression. While our platform is not intended for use by minors (those under the age of 18), we strive to ensure that any content appearing on our site is not harmful to children. We also aim to protect users who are the subject of content (such as parents or responsible adults, members of a class or group with certain characteristics, or those who provide assistance to other users) from discrimination. Additionally, we aim to safeguard users' rights to freedom of expression within the bounds of applicable laws and as stated within our Privacy Policy.

49.10 Complaints. You can Contact Agoda Customer Service to submit a complaint if you think Agoda is not complying with its legal duties in relation to illegal content, content reporting, or users' right to freedom of expression within applicable law. After you submit a complaint, we will review your complaint against applicable law, our Content Guidelines and these Terms, and inform you of the outcome of your complaint by email. Any complaints identified by Agoda to be manifestly unfounded will be rejected.

AgodaWallet

49.11 If you are a UK User and have signed up for AgodaWallet, please note that AgodaWallet is a regulated e-money and payment service provided solely by Booking Holdings Financial Services UK Limited ("BHFS UK"), which is authorised and regulated by the Financial Conduct Authority (FCA) in the United Kingdom. By accepting the AgodaWallet Account Terms and Conditions, you are entering into a direct agreement with BHFS UK for the use of AgodaWallet. There is no contractual relationship between you and Agoda in respect of the AgodaWallet, and these Terms do not apply to the AgodaWallet. Agoda does not provide regulated financial services in the United Kingdom.

SECTION J: HOW WE WORK

50. RANKING AND SPONSORED LISTINGS FOR ACCOMMODATIONS

50.1 The default ranking for Accommodations is based on an automated algorithm that may be subject to periodic updates or amendments. This ranking considers multiple factors that include, but are not limited to, the following:

Availability
Promotions and rates
Historical popularity
Money earned by Agoda
Conversion (the ratio of bookings to Platform visits)
Sales of room nights
Cancellations
Quality of content
Guest review scores
Star ratings

50.2 Accommodation Travel Suppliers have various opportunities, such as the Preferred Partner program or sponsored listings (i.e., pay for prime positioning in search results), to improve their visibility on the Platform. All such listings will be clearly marked and/or contain additional messaging to note their participation.

51. PRIVATE HOSTS AND PROFESSIONAL TRADERS

51.1 Hosts which have registered with Agoda as a private host are parties that rent out their property or properties for purposes outside their trade, business, or profession. They are not officially traders (like a hotel chain) and therefore may not fall under the same consumer protection rules under EU (or other local) law.

51.2 Properties managed by private hosts will display "Managed by a private host". Unless stated otherwise, in situations where properties are managed by professional hosts (traders), no additional information will be displayed.

51.2.1 Professional host (trader): Any party who rents out a property or properties for purposes relating to their primary trade business or profession (e.g., when accommodations are the main business activity, or the listing is managed by a property management company).

51.2.2 Private host (non-trader): Any party who rents out a property or properties for purposes outside their primary trade business or profession (e.g., when accommodations are a side activity, or when the property is only listed seasonally/occasionally).

52. ABOUT OUR REVIEWS

52.1 Only certified guests who have booked through Agoda and not cancelled their booking are invited by Agoda to submit a review.

52.2 Whether negative or positive, we will post every comment in full, and as quickly as possible, after being moderated to comply with the Guest Review Guidelines. Some reviews may be temporarily truncated for the sake of brevity, but anyone on our Platform can still access the entire review. Reviews may also sometimes be summarized for the sake of brevity and readability. We will also provide transparency over the status of submitted content.

52.3 Each review score is between 1-10. Guests are able to give a separate 'sub-score' in crucial areas, such as: location, cleanliness, staff, comfort, facilities, value for money and free Wi-Fi. The calculated overall score is simply an average of the sub-scores. When a review is partially submitted, we ignore the data for all sub-scores not given.

52.4 To keep the rating score and review content relevant, we may only accept reviews that are submitted within 12 months of checking out and we may stop showing reviews older than up to 36 months, or if the Accommodation has a change of ownership.

52.5 We may also show some review scores from other well-known travel websites. We make it clear when we have done this - for instance, reviews from Booking.com appear under a separate section of our website. We do not include sponsored reviews within our reviews.

52.6 By default, reviews with comments are sorted based on a mix of criteria to display the most relevant reviews, including but not limited to, your language, your travel profile, readability of the review, date of submission, etc. Additional sorting options are available (by date, by rating, etc.).

52.7 If we find any fake reviews, we delete them and, if necessary, act against whoever is responsible. For example, if a complaint is raised against a particular review, we look at the review in question and may decide it is inappropriate if it does not meet our review guidelines or appears not to be a genuine review.

52.8 The opinions expressed in contributions are those of Agoda customers and properties and not of Agoda. Agoda does not accept responsibility or liability for any reviews or responses. Agoda is a conduit (without any obligation to verify) and not a publisher of these comments and responses.

52.9 At Agoda, we believe real reviews from fellow travellers provide some of the best information to help you and others make future bookings. To assure that all reviews on the Platform are relevant, helpful, and genuine, we employ strict guidelines. For further information, please see our Guest Review Guidelines.

53. RIGHT OF WITHDRAWAL

53.1 The 14 days withdrawal period provided for under EU and UK consumer law do not apply to bookings made through the Platform. Instead, the ability to amend and/or cancel the booking will be governed by the cancellation and amendment rights attached to the cancellation policy type.

54. USE OF ALGORITHMS AND ARTIFICIAL INTELLIGENCE ("AI")

54.1 We may deploy tools in providing and seeking to improve and develop our services that utilise algorithms and machine learning (including tools operating on a predictive basis and tools deploying generative AI algorithms to create new content). These tools may interact with you (e.g., we may use chatbots or similar technology). We consider where and how to deploy these tools in line with applicable laws. In deploying such tools, we also have regard to our Privacy Policy, the level of human intervention or oversight we apply, further disclosures to explain the deployment and other relevant matters for the contemplated deployment.

54.2 If you use the Agoda AI-powered Personal Travel Assistant, the AI Assistant Terms of Use also apply.

55. ACCESSIBILITY STATEMENT FOR AGODA

At Agoda, we are committed to making our platform accessible for everyone. We strive to deliver barrier-free, inclusive digital experiences for all users, including persons with disabilities.

We are continuously working to improve the accessibility of our digital services. The statement in this clause 55 (the "Accessibility Statement") has been prepared to inform users about how we make our services accessible in accordance with the requirements set out in the European Accessibility Act ("EAA"). This includes aligning with the currently applicable EU standard on accessibility requirements for ICT products and services (EN 301 549) and the WCAG level AA version 2.1 ("Accessibility Standards"). This Accessibility Statement applies to our in-scope EAA services.

55.1 Description of the services

Agoda enables users in the EU to search, book, and manage accommodation bookings (for purposes of this Accessibility Statement, each a "Travel Product") through its digital platforms, including the website, mobile web, iOS, and Android applications. This Accessibility Statement outlines our commitment to improve the accessibility of our digital services and our alignment with applicable EU Accessibility Standards. Specifically, we are committed to deliver:

Perceivable content: all visual and auditory information is presented in ways that are adaptable to users' needs.
Operable interface: the service is fully navigable by keyboard and works seamlessly with assistive technologies such as screen readers.
Understandable design: our interface uses clear and simple language; it avoids unnecessary complexity.
Robust content: we will endeavor to ensure compatibility with current and future user agents, including assistive technologies.

55.2 Measures to support accessibility

In order to deliver accessible Travel Products, we have taken the following measures to provide more accessible services:

a) Technical measures on platform: We are taking the following technical measures to bring the Agoda platform in conformity with the EAA accessibility requirements:

Text-based descriptions: detailed written information available in clear and simple language.
Screen reader compatibility: functional with popular screen readers including VoiceOver, TalkBack, NVDA, JAWS.
Accessible Rich Internet Applications ("ARIA") use: implementation of ARIA roles and attributes.
Multimedia alternatives: subtitles, transcripts, and alternative text accompanying all visual and multimedia content, where applicable.
High-contrast and zoom functionality: compatible with adjustable contrast and text scaling settings and capabilities, for users with visual disabilities.
Simple navigation: logical layouts with consistent headings, landmarks, and menus.
Keyboard accessibility: all functions can be operated via keyboard.
Help and support: step-by-step content in accessible formats.
Error notifications: clear and descriptive error messages to guide users in resolving issues.

b) Training and education: We are supporting our employees with having the skills required to keep our services in conformity with the Accessibility Standards by delivering online training courses made available for designers and developers on accessibility best practices.

c) Inclusive design, writing and research practices: We are considering accessibility as early as possible in the service provision lifecycle. To support this, Agoda has built a Figma plugin that adds accessibility annotations to designs prior to developer hand-off. This means developers have all the details they need in order to implement the design accessibly. We also conduct research and test our products with people with disabilities. Additionally, accessibility requirements are documented and addressed at the scoping and requirements phase.

d) Testing & quality assurance ("QA") processes: We are committed to embedding accessibility testing practices within our development and QA processes. This way we are able to continually test our services against the latest Accessibility Standards and detect accessibility issues in our code. The QA processes consist of:

Automated testing: utilising third-party tooling to embed accessibility tests into pipeline testing and release processes. Additionally, we perform daily automated scans of our web platforms to detect accessibility issues proactively.
Manual testing: ad-hoc manual testing performed as part of development and QA processes in pre- and post-production.
Assistive technology lab: accessibility teams have access to a range of devices set up with assistive technologies to easily test their products.

e) Auditing and evaluation: We conduct regular internal and external auditing to understand our performance:

Third-party audits: periodic assessments by external accessibility experts, across all our platforms (web and app).
Record keeping: internal reporting on accessibility conformance.
Self-audits: self-audit mechanisms to address coverage not captured in external audits.

f) Centralised accessibility support: We established a centralised accessibility team to provide guidance and support to all product teams. Additionally, we established a cross - functional group to support accessibility efforts across the company and spread awareness.

55.3 Feedback and Contact Information

We welcome your feedback on the accessibility of Agoda's platform. If you experience any accessibility issues or have suggestions to improve the accessibility of our services, please leave your comments in our Accessibility Feedback Form. For all booking-related inquiries, please contact our Customer Service team.

If you have any questions about your Travel Product, please contact the service provider of the Travel Product (including but not limited to the owner of a hotel or other property).

55.4 We are committed to fostering an inclusive digital environment and continuously improving the accessibility of our platform. While we strive to meet applicable accessibility standards and regulations to the best of our ability, we acknowledge that full compliance is an ongoing journey. We regularly review and update our accessibility practices, guided by recognized frameworks and user feedback, to ensure reasonable efforts are made toward creating an accessible experience for all users. We welcome any questions, feedback, or requests for assistance and encourage you to contact us so we can address your needs promptly.

55.5 This Accessibility Statement is last updated on 24 March 2026.