Internet hotel reservations: the "terms and conditions" trap.(Hotel Marketing)

Hotel guests who make reservations via hotel companies' websites are parties to a contract. In that context, most hotels' websites contain a notice of the terms and conditions of using the website to make a reservation. Those terms and conditions are important for protecting the hotel operator in the event of a lawsuit. Typically, the terms and conditions specify the controlling jurisdiction with regard to law and court action, and many such statements require that all disputes be arbitrated. However, in most cases, the guest can complete the reservation without any indication that he or she has read the covenants found in the terms and conditions of use, commonly known as a "browse wrap" approach. Many courts have declined to enforce browse wrap contracts. By contrast, courts typically have upheld the terms and conditions in the so-called "click wrap" approach, when a customer must click an "agree" button before completing a reservation or sale. Courts have been unsympathetic to plaintiffs who clicked an "agree" button but later claimed not to have read or agreed to the terms and conditions covenants.

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