Terms of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ROOMS2NIGHT APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE ROOMS2NIGHT APPLICATION OR ANY SERVICES PROVIDED BY US.

These terms of service (these “Terms”) apply to your access and use of our mobile applications, websites, emails and social media accounts (collectively, the “Application”) provided by Rooms2night L.L.C. (“Rooms2night”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application as well as the booking of hotel accommodations through the Service. The Application and these services are collectively referred to as the “Service.” These Terms do not alter in any way the terms or conditions of any other agreement you may have with Rooms2night for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Rooms2night if you violate these Terms.

Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications.

If you have any questions regarding the use of the Service, please email us at [email protected]

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

DEVICE USAGE TERMS AND CONDITIONS

You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.

REGISTRATION DATA; ELIGIBILITY

To access certain areas and features of the Service, you may be required to register with Roomsnight. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service, (ii) maintain and promptly update the Registration Data, and any other information you provide to Rooms2night, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Rooms2night.

Rooms2night is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Rooms2night.

You may not use the Service if you are under the age of majority in your jurisdiction and possess the legal authority to enter into a binding legal obligation.

GRANT AND RESTRICTIONS

Subject to the terms, conditions and limitations set forth in these Terms, Rooms2night grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Rooms2night that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Rooms2night, which may subject you to prosecution and damages. Rooms2night reserves all rights not expressly granted to you in these Terms.

CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

In exchange for Rooms2night providing you with access to the Service, you consent to Rooms2night collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.

COMPATIBILITY WITH MOBILE DEVICES

Rooms2night does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

CARRIER CHARGES

The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

PRODUCT DESCRIPTIONS

Rooms2night attempts to be as accurate as possible. If you have reason to believe that a hotel room you booked through the Service does not meet the claims advertised within the Service, you must contact Rooms2night immediately (and in any case no later than three business days following the check-in date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim.

ADVERTISED PRICES

Rooms2night makes no guarantee that the prices advertised through the Service represent (i) the lowest price for a hotel room in every area on any particular day or (ii) the published price for a hotel room on another website or publication not affiliated with Rooms2night in every area on any particular day.

BOOKING ROOMS THROUGH THE ROOMS2NIGHT SERVICE

When you book a room using the Service, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the hotel room, even if you are unable to consummate your stay in that hotel room. Posted room rates include applicable taxes. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. You are responsible for paying the hotel directly for any room upgrades or other incidental charges you make once you are at the hotel.

TAXES AND FEES

When you book a room using the Service, we facilitate your booking with the hotel and will charge your method of payment for Taxes and Fees. This amount includes an estimated amount to recover the amount we pay the hotel for taxes owed by the hotel, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes may vary from the amount we estimate. The balance of the amount in Taxes and fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including customer service costs. The amounts for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel, and may include profit we retain.

For hotel bookings in certain jurisdiction, Taxes and Fees includes a payment of tax we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services. In every other jurisdiction, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers include all applicable taxes in the amount we are required to pay over to them. We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.

HOTEL OVER-BOOKINGS AND CANCELLATIONS

If a hotel is unable to honor your reservation, contact us immediately, and we will work with you and the hotel to find you alternative accommodations (such as an available room at a different location).

Any booking of a hotel’s room through the Service is definitive.

ROOMS2NIGHT CREDITS

Rooms2night booking credits are not redeemable for cash or cash equivalents, are non-transferable and may not be applied towards prior purchases. Other restrictions may apply. Unless you paid us in full for any booking credits, we reserve the right to rescind any booking credits subject to reasonable notice to you.

ELECTRONIC COMMUNICATIONS

When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.

THIRD-PARTY INTERACTIONS

Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The hotels and other suppliers of Rooms2night are independent contractors and not agents or employees of Rooms2night. Rooms2night is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these hotels or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

THIRD-PARTY CONTENT

Rooms2night may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information.Rooms2night does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Rooms2night is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.

ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

Rooms2night may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Rooms2night is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Rooms2night advertisers or third-party information accessible via the Service.

TRADEMARKS

The Rooms2night name and logo are registered trademarks of Rooms2night L.L.C. in the United States. These marks may not be reproduced or used without Rooms2night’s prior written permission. You may not use any metatags or any other “hidden text” using “Rooms2night” or any other name, trademark or product or service name of Rooms2night without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Rooms2night and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

OWNERSHIP

The Service (including, but not limited to, the Application) contains the valuable proprietary content of Rooms2night and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.

TERMINATION OR MODIFICATION OF APPLICATION

Rooms2night reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Rooms2night be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

TERMINATION

If you breach any of the terms or conditions of these Terms or Rooms2night discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Rooms2night. Rooms2night and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

INFORMATION AND PRESS RELEASES

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROOMS2NIGHT DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ROOMS2NIGHT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. ROOMS2NIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY ROOMS2NIGHT OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.

INDEMNIFICATION

You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ROOMS2NIGHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ROOMS2NIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ROOMS2NIGHT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Rooms2night has adopted a policy of terminating, in appropriate circumstances and at Rooms2night’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Rooms2night may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

COPYRIGHT COMPLAINTS

If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Copyright Agent

Full address of Designated Agent to which notification should be sent: 8100 NW 53rd Street, Apt 275, Miami FL, 33166

Telephone Number of Designated Agent: 213 258 0482

Email Address of Designated Agent: [email protected]

See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

APPLICABLE LAW AND VENUE

The Terms and your use of the Service, including, but not limited to the Application will be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and Rooms2night will submit to the exclusive jurisdiction of the state and federal courts in the State of Florida.

EXPORT LIMITATIONS

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

US GOVERNMENT RIGHTS

The Application and related documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through § 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

MISCELLANEOUS

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and Rooms2night are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.

OUR CORPORATE ADDRESS
Rooms2night L.L.C.
8100 NW 53rd Street, Apt 275
Miami FL, 33166
U.S.A.