Forced Arbitration — a service of Madgett Law, LLC, a Minnesota law firm. It is not a government agency, is not affiliated with the Minnesota Attorney General or any other government office, and is not a legal aid or public interest legal services organization.

As captured on ; terms may have changed since.

Sector
Marketplaces, gig, travel, and auto
Source
https://web.archive.org/web/20260413232849id_/https://www.expedia.com/lp/b/terms-of-service
Snapshot
Internet Archive snapshot dated
Page archived
https://www.expedia.com/p/info-other/legal.htm
Captured from
an Internet Archive snapshot of the company’s page
Captured (UTC)
SHA-256 of the bytes as served
5f1efdfbd5d91798f5fe2cfe577e0008a45b7ce993e5135067a7d7831a6c25f0

Reviewed fields

For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.

Delegation clause (who decides whether the clause is enforceable)

Reviewed category: to-arbitrator-full

The arbitrator shall also be responsible for determining all threshold arbitrability issues, including without limitation the existence, scope, or validity of the Arbitration Agreement, any defense to arbitration such as issues relating to whether this Arbitration Agreement can be enforced, is unconscionable or illusory, and any defenses to arbitration, including without limitation jurisdiction, waiver, delay, laches, or estoppel.

Consumer’s share of arbitration fees

Reviewed category: company-pays-part-or-on-conditions

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

Company’s fee promise

Reviewed category: hardship-or-request-conditioned

In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

Fee or cost shifting against the consumer

Reviewed category: frivolous-or-rule-11-only

Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met.

Mass-arbitration terms

Reviewed category: anti-consolidation-only

The arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding.

Small-claims carve-out

Reviewed category: available-standard-carve-out

either you or we may bring, or remove, any claim in small claims court if the claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Opt-out

Reviewed category: silent

No provision on this field was extracted from the captured text.

Unilateral modification

Reviewed category: consent-required-for-changes

This Arbitration Agreement can only be amended by mutual agreement in writing.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Travel Services.

Confidentiality of the arbitration

Reviewed category: silent

No provision on this field was extracted from the captured text.

Shortened limitations period

Reviewed category: silent

No provision on this field was extracted from the captured text.

Severability if the class waiver is struck

Reviewed category: narrow-severance

If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

Counsel or representation restrictions

Reviewed category: personal-participation-or-signature-required

You must send, by certified mail, a written and signed Notice of Dispute ... The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.

Mass-arbitration numeric trigger

Reviewed category: no-mass-filing-terms

The reviewed data records this category without a quotation.

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