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Arbitration – Clickwrap/Browsewrap – Sufficient Notice – Hotel Taxes – Breach of Contract

Contrary to plaintiff’s argument, a customer on defendant’s website is indeed required to accept defendant’s “Terms of Service” as part of making a hotel reservation. In any event, defendant used an enforceable hybrid between a clickwrap and a browsewrap: by expressly agreeing to click and “Complete Reservation,” the consumer is impliedly agreeing to the Terms of Service, of which he is put on sufficient notice by the clear hyperlinked disclaimer directly adjacent to the “Complete Reservation” button. By affirmatively clicking to “Complete Reservation,” plaintiff assented to the Terms of Service, including the arbitration clause therein.

Where plaintiff asserts claims for breach of contract, conversion and unjust enrichment based on his allegation that defendant knowingly overcharged him for “Tax & Fees” and then kept the overcharged amount, plaintiff’s claims fall within the broad scope of the arbitration clause.

The court grants defendant’s motion to dismiss.

Church v. Hotels.com L.P. (Lawyers Weekly No. 002-134-18, 6 pp.) (Richard Mark Gergel, J.) 2:18-cv-00018; Ian Freeman, James Ward Jr. and John Phillips Linton Jr. for plaintiff; Bryan Killian, Elizabeth Herrington, Paul Collins and Stephanie Schuster for defendant. D.S.C.


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