Terms & conditions

When you use Hotelgiftcard.com from Canada, different terms may apply depending on how you interact with our website:

1. Use of the Hotelgiftcard

Use of the gift card is governed by the General Terms and Conditions of Hotelgiftcard.com. These terms outline:

• How the card works
• Its validity and expiration
• Your rights and responsibilities as a user under Canadian consumer protection laws, including those applicable at the provincial level

2. Bookings Made Through Our Website

If you use your gift card to book accommodations, the booking is facilitated through the Expedia Partner Network, and the following additional terms apply:

• The Booking Terms and Conditions of Expedia Inc. / Travelscape LLC, which must be accepted during the reservation process
• The specific terms and conditions of the accommodation provider, such as:
  • Cancellation policies
  • House rules
  • Additional fees or surcharges
    These will be clearly displayed at the time of booking.

Please note: Hotelgiftcard.com is not responsible for the policies or conduct of third-party accommodation providers.

3. The Role of Hotelgiftcard.com

Hotelgiftcard.com provides the platform and gift card product, but is not a party to the final accommodation contract between you and the provider.

Hotelgiftcard.com (HGC) functions solely as an intermediary. We do not issue invoices for accommodation bookings; all billing and receipts are the responsibility of the accommodation provider.

Article 1 – Definitions

The following definitions apply throughout these Terms and Conditions:

1. Hotelgiftcard.com (“HGC”): The company responsible for the Hotelgiftcard product, including any of its legal successors.
2. User: Any individual who purchases or redeems a Hotelgiftcard to book accommodations at Partner Properties.
3. Agreement: The legal contract between the User and HGC, governed by Canadian law where applicable.
4. Gift Card: A prepaid voucher issued by HGC or its authorized Canadian resellers, representing a monetary value.
5. Balance: The available value on the Gift Card, up to a maximum of $1,000 CAD, which may be used to book eligible accommodations.
6. Remaining Balance: The unused portion of the Gift Card following partial redemption.
7. Partner Properties: Accommodations listed via the Expedia Partner Network that may be booked through HGC’s website using a Gift Card. HGC does not have a direct contractual relationship with these properties and acts solely as an intermediary.
8. Expedia Partner Network: The online platform through which HGC connects Users with available Partner Properties for accommodation bookings.
9. Resellers: Businesses authorized to distribute Hotelgiftcards on behalf of HGC, including authorized Canadian retailers and e-commerce platforms.

Hotelgiftcard.com B.V.
Ambachtsweg 6
1474 HW Oosthuizen, The Netherlands
Company Registration (KvK): 78253411
VAT Number: NL861319588B01

Note for Canadian customers: While HGC is incorporated in the Netherlands, all Gift Card purchases and redemptions made from Canada are subject to applicable Canadian federal and provincial consumer laws.

3.1 Multiple legal relationships:

Use of the Gift Card and booking of accommodations through HGC’s platform creates separate legal relationships:

• Between the User and HGC (under these Terms);
• Between the User and (i) Expedia Inc. / Travelscape LLC, and (ii) the selected accommodation provider.

Each booking is subject to the individual terms of both Expedia and the accommodation provider. HGC serves exclusively as an intermediary.

3.2 Applicability:

By purchasing or using a Hotelgiftcard, the User (whether purchaser or holder) accepts these Terms and Conditions in full.

3.3 Amendments:

HGC reserves the right to amend these Terms at any time. Any material updates will be communicated clearly via the Hotelgiftcard.com website and will be effective as of the published date.

3.4 Exceptions:

Any exceptions or deviations from these Terms are only valid if explicitly agreed to in writing by HGC.

3.5 Assignment:

HGC may assign or transfer its rights and obligations under these Terms to any affiliated company or third party, provided such assignment does not materially impact the User’s rights.

4.1 Purchase:

Gift Cards may only be purchased directly from HGC or through authorized Canadian resellers. Purchases must be made in Canadian Dollars (CAD) unless specified otherwise.

4.2 Responsibility:

The User is solely responsible for protecting the Gift Card and any associated redemption codes. Lost or compromised codes are not the responsibility of HGC.

4.3 Use of Balance:

Gift Cards may only be redeemed for accommodations booked through the Hotelgiftcard.com platform.

4.4 Finality of Payments:

All redemptions or bookings made using the Gift Card are final and non-refundable once confirmed via the HGC website.

4.5 Validity and Expiry:

The Hotelgiftcard does not expire and can only be redeemed for booking accommodations at hotelgiftcard.com. It can be used in multiple transactions and supplemented with another payment method if needed. No refunds or replacements can be issued in case of loss or theft. Not redeemable for cash. There is no expiry date, and the balance will remain available to the holder until fully used. The balance, and terms and conditions are available at any time through our website and customer service.

4.6 Transferability:

Gift Cards may be gifted or transferred free of charge, but not resold or exchanged for value. The original User remains liable for ensuring secure use.

4.7 Service Fees:

A transparent booking service fee is applied to reservations made through the Expedia Partner Network. This fee will be clearly displayed at checkout before payment is completed.

5.1 Loss or Theft

HGC is not responsible for lost or stolen Gift Cards. Users are advised to report such incidents immediately. Replacement may not be possible without verifiable proof of purchase and balance.

5.2 Misuse or Fraud

HGC reserves the right to block a Gift Card and take legal action in the event of suspected misuse, fraud, unauthorised resale, or breach of these Terms.

5.3 Damage

If a Gift Card is physically damaged but the balance is still valid and verifiable, HGC may transfer the remaining balance to a new card. An administrative fee may apply.

6.1 Intermediary Role

HGC acts solely as an intermediary in connection with bookings made through the Expedia Partner Network. The accommodation contract is strictly between the User and the Partner Property.

6.2 Limitation of Liability

To the extent permitted under applicable Canadian law, HGC shall not be held liable for any indirect, incidental, or consequential loss, including those arising from the use of the Gift Card or the accommodation contract. HGC’s total liability shall be limited to the value of the affected booking, except in cases of gross negligence or fraud.

6.3 Force Majeure

HGC shall not be liable for any delay or failure caused by circumstances beyond its reasonable control, including but not limited to internet outages, labour disputes, government restrictions, public health emergencies, or natural disasters. HGC will take reasonable steps to minimize disruption.

6.4 Service Unavailability

Temporary unavailability of the Website or booking services, including for maintenance or unexpected downtime, shall be treated as force majeure and does not entitle the User to compensation or refunds.

7.1 Physical Gift Cards

Physical Gift Cards may be cancelled within 14 days of receipt, provided the card has not been used in whole or in part. Users must submit a cancellation request in writing.

7.2 Digital Gift Cards

Digital Gift Cards are non-refundable once activated or used, in accordance with Canadian e-commerce practices and applicable consumer law.

7.3 Business Orders

Gift Cards purchased under a business-to-business (B2B) arrangement are final sale and not eligible for cancellation or refund.

8.1 When you use a Gift Card or make a booking through our website, we collect and process your personal information in accordance with our Privacy Policy. This processing is conducted in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable provincial privacy legislation.

9.1 All intellectual property rights, including trademarks, logos, website content, and system architecture, are the sole property of HGC or its licensors. Any unauthorised use, reproduction, or modification is strictly prohibited.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

11.1 Applicable Law

These Terms and any associated transactions are governed by the laws of the province of Ontario and the applicable laws of Canada, unless the User resides in another province or territory where local consumer protection laws apply.

11.2 Dispute Resolution

In the event of a dispute, the parties agree to first attempt a resolution through good-faith negotiation or, if necessary, non-binding mediation. If resolution is not achieved, disputes may be submitted to the courts of the applicable Canadian province or territory, as determined by the User’s place of residence.

11.3 Quebec Residents

For Users residing in Québec, these Terms shall be interpreted in accordance with the Civil Code of Québec, and disputes shall be subject to the exclusive jurisdiction of Québec courts.