HotelTonight

Terms of Service

If your country of residence or establishment is within the European Economic Area (“EEA”), Switzerland, or the United Kingdom, these Terms of Service for European Users apply to you. 

If your country of residence or establishment is outside the EEA, Switzerland, and the United Kingdom, the Terms of Service for Non-European Users apply to you. 

Terms of Service for European Users

Section 13 of these terms includes an arbitration agreement and class action waiver that apply to all claims brought against HotelTonight in the United States. Please read them carefully.

You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that HotelTonight is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Last updated: November 20, 2020

These Terms of Service (“Terms”) are a binding legal agreement between you and Hotel Tonight, LLC (“HotelTonight,” “we,” “our,” or “us”) that govern your access to and use of the mobile applications, websites, and application program interfaces that we own, operate, or provide (collectively, the “Application”) and all associated features, tools, and services. The Application and these services are collectively referred to as the “Service.”

Other supplemental policies and terms linked to in these Terms or through the Service apply to your use of the Service, are incorporated by reference, and form part of your agreement with HotelTonight. These include our Privacy Policy (which describes our collection and use of personal data), our Promotional Terms (which govern all promotional campaigns, including the HT Perks Program and the discounts, special offers, and other benefits offered through the program, as well as the use of all coupons and promotional codes)

  1. Scope of Services

The Service enables users to search for and book lodging and related services at hotels, resorts, bed & breakfasts, and similar accommodations (“Accommodations”) offered by suppliers, vendors, or other providers of such Accommodations (“Suppliers”). As the provider of the Service, HotelTonight does not own, control, offer, or manage any Accommodations. HotelTonight is not a party to the contracts concluded directly between users and Suppliers. 

When you book Accommodations through HotelTonight, a contract is formed directly between you and the Supplier for reservation of the hotel room(s) and you will be bound to the terms and conditions of the Supplier, as applicable. If the Supplier’s terms and conditions conflict with these Terms, and in case of legal disputes between you and the Supplier, these Terms shall apply only with respect to your relationship with HotelTonight, without prejudice to your rights and available remedies against the Supplier that you may be entitled to under applicable laws.

  1. Account Registration; Eligibility

You may be required to register an account with HotelTonight in order to access and use certain features of the Service. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account, transfer your account to someone else, or use anyone else’s account, alter egos, or disguised identities when using the Service. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify us at help@hoteltonight.com if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. HotelTonight is not responsible or liable for any loss or damage arising from your failure to safeguard your account.

You are liable for any and all activities conducted through your account that are authorized or culpably caused by you (for example, by providing your credentials to a third party, or by failing to report the unauthorized use or loss of your credentials).

With regard to your use of the Service, you represent and warrant that:

  • You are at least 18 years of age and the age of majority in your jurisdiction of residence;
  • You are not barred from using the Service under the laws of the United States, your place of residence, or any other applicable jurisdiction;
  • You possess the legal authority to create a binding legal obligation;
  • If you access or use the Service for a company, organization, or other entity: (i) you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, (ii) you agree to these Terms on the entity’s behalf, and (iii) the entity agrees to be responsible to HotelTonight if you violate these Terms and this violation is attributable to the entity;
  • You will comply with all applicable laws, rules, and regulations relating to your use of the Service;
  • You will use the Service in accordance with these Terms and comply with any relevant third-party terms relating to Accommodations booked through the Service;
  • Any information you supply is accurate, current, and complete;
  • If you have a HotelTonight account, you will safeguard your account information appropriately;
  • You will only use the Service to make legitimate reservations for you (such reservation may also include other member(s) of your traveling party), and/or other person(s) for whom you are legally authorized to act accordingly; and
  • If your reservation also include other members of your travelling party or if you make a reservation for other person(s) for whom you are legally authorized to act accordingly:
    • You have full authority to accept these Terms on behalf of all persons for whom you are legally authorized to act;
    • You will inform other person(s) of your traveling party that these Terms apply to the reservation; and
    • You (i) are legally authorized to grant consent on their behalf to share their personal data with HotelTonight and any Suppliers or other third parties as required to facilitate the reservation, or (ii) you have received their knowing, informed consent to such data sharing.
  1. Prohibited Activities, Termination

The content and information on the Service, as well as the infrastructure used to provide them, are proprietary to HotelTonight and our Suppliers and partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Application or any information, software, products, or services obtained from or through the Service. Additionally, to the extent permitted by applicable laws, you agree not to:

  • Use bots, crawlers, scrapers, or other automated means or any manual process to access, monitor, copy, or collect data or other content from or otherwise interact with the Service without our express written permission;
  • Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Service or its content;
  • Decipher, decompile, disassemble, or reverse engineer the Application or any of the software or hardware used to provide the Service;
  • Take any action that could impose an unreasonable or disproportionately large load on our infrastructure or otherwise damage or adversely affect the performance or proper functioning of the Service;
  • Violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
  • Deep-link to any portion of the Application for any purpose without our express written consent;
  • Use, copy, display, mirror, or frame any part of the Service, its content, or any page layout or design without our express written consent;
  • Use the Service or its contents for any commercial purpose;
  • Use, the name, logo, branding, or trademarks of HotelTonight or others without permission;
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Service;
  • Make any speculative, false, or fraudulent reservation;
  • Attempt to impersonate another person, account, or entity, including a representative of HotelTonight;
  • Offer or solicit prostitution or participate in or facilitate human trafficking; or
  • Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.

User Violations. If (i) you breach these Terms or any other supplemental policies and terms linked to these Terms or through the Service, (ii) you violate applicable laws, regulations, or third-party rights, (iii) your booking or account shows signs of fraud, abuse, or suspicious activity, or (iv) it is reasonably necessary to protect the personal safety or property of HotelTonight, its users, or third parties, we may:

  • Terminate, suspend, or limit your access to or use of the Service and/or your account;
  • Suspend or remove Reviews or other User Content;
  • Cancel pending or confirmed bookings; or
  • Suspend or revoke any credits, incentive offers, or special status associated with your account or bookings.

In addition, HotelTonight may take any action reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

Where HotelTonight consider any such measure, HotelTonight will take into account your legitimate interests, in particular by basing its decision on whether there are indications that you have not culpably caused the infringement, and by notifying and providing you with the reasons for the measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other user or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting help@hoteltonight.com.

If your access to or use of the Service has been limited, your account has been suspended, or this agreement has been terminated by us, you are not entitled to a restoration of your account and may not register a new account or access or use the Service through another user’s account unless an appeal process has been positively resolved.

If you believe another user or any User Content poses an imminent risk of harm to a person or property, you should immediately contact law enforcement authorities. In addition, if you believe that another user or any User Content has violated these Terms, please report your concerns to us at help@hoteltonight.com. If you reported an issue to law enforcement authorities, HotelTonight may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. HotelTonight may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account.

  1.  Search Ranking

You can search for hotel accommodations on the Application by using criteria like destination and travel dates. Search results are ranked based on their relevance to your search and other criteria. We use a variety of factors to determine search rankings, including location, category, competitiveness of the hotel’s rates, customer reviews and bookings on HotelTonight, as well as the compensation we earn for listing the hotel on our site and facilitating your booking. We also personalize search results based on your preferences and other data related to your search criteria. In order to continually optimize our service, we may test different ranking algorithms from time to time.

To refine your search results, you can filter by the number of rooms, number of beds, or amenities you’re looking for. You can also sort by top deals, lowest price, or most premium.

  1. Content and Reviews

Hotel Content. Suppliers provide us with information about the Accommodations they wish to offer through the Service, including property name, address, amenities, and photos (“Hotel Content”). HotelTonight is not responsible for the accuracy and completeness of images or content provided by Suppliers and disclaims all liability for any errors or inaccuracies in Hotel Content. Please note: Hotel photos that appear on the Service are usually representative of the approximate type and standard of the Accommodations offered by the Supplier and should not be construed as guarantees of the Accommodations you will receive.

User Content. Parts of the Service enable you to provide text, photos, Reviews, and other content in connection with your use of the Service or hotel stay (“User Content”), including feedback, comments, and suggestions for improvements to the Service. By providing User Content, in whatever form and through whatever means, you agree that User Content is non-confidential and non-proprietary to you and, to the extent permitted under applicable laws, grant HotelTonight a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit that User Content. Unless you provide specific consent, HotelTonight does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content. If User Content includes personal data, our Privacy Policy describes how we treat that personal data. You are solely responsible for all User Content you provide, and you warrant that you either own it or are authorized to grant us the rights described in these Terms. You are responsible and liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party and for any other damages or harm resulting from your submission of User Content.

You agree never to post or transmit to or from the Service:

  • Any advertising or other commercial material or content, including company logos, links, or company names;
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
  • Content that endorses or promotes illegal or harmful activity, or that is discriminatory, obscene, sexually explicit, violent, graphic, threatening, or harassing;
  • Content that is illegal or violates another person’s or entity’s rights, including intellectual property rights and privacy rights; or
  • Content that includes another person’s private or confidential information.

We have no obligation to post User Content that you submit. HotelTonight may remove or disable access to any User Content that is in violation of applicable law, these Terms or other supplemental Policies, or otherwise may be harmful or objectionable to HotelTonight, its users, third parties, or property. Where HotelTonight considers removing or disabling User Content, HotelTonight will take into account your legitimate interests, in particular by basing its decision on whether there are indications that you have not culpably caused the infringement, and by notifying and providing you with the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting customer service.

Guest Reviews. Following a hotel stay booked through the Service, you will have an opportunity to review your stay at the Accommodation (“Review”). Reviews qualify as User Content and are particularly not verified by HotelTonight for accuracy, and we claim no affiliation with or endorsement of any photos or Reviews submitted by users. Your Review, including any photos you submit, must be accurate and not contain any discriminatory, offensive, defamatory, or other content prohibited by these Terms. The following types of Reviews are prohibited:

  • Reviews that are biased or exhibit indications of extortion, incentivization, conflicts of interest, or direct competition; and
  • Reviews that contain no relevant information about your stay at the Accommodation.
  1. Booking Rooms through the Service; Rates, Taxes, and Fees

You should carefully review the description in the Application of the Accommodation you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age or other requirements of the Supplier.

By booking a room through the Service, you authorize HotelTonight to facilitate your booking and charge your payment method for the total reservation price. You agree to pay all charges for your booking, including the nightly room price, applicable taxes and fees, and any other charges identified during checkout. You are responsible for paying the Supplier directly for any incidentals, room upgrades, resort fees, or other fees due on-site at the hotel, as well as any associated taxes.

You will be charged in the currency indicated on the Application during check-out for your booking. You can change your preferred currency in your account settings. Some banks and credit card companies may impose currency conversion fees (for example, if you are making a booking in a currency other than the currency of your credit card). Currency exchange rates and conversion fees are determined solely by your bank. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

The nightly room price displayed in the Application includes the room rate set by the Hotel Supplier and a facilitation fee that we retain as part of the compensation for our services. HotelTonight makes no guarantee that the prices offered by Suppliers through the Service represent (i) the lowest price then available for the same hotel room or (ii) the published price for a hotel room on another website or publication not affiliated with HotelTonight.

Except in jurisdictions where HotelTonight is required to collect and remit applicable taxes on the room rate and/or our facilitation fee, Suppliers offering rooms through the Service are responsible for determining their own tax obligations and remitting applicable taxes to tax authorities. HotelTonight does not operate as a vendor, co-vendor, or agent of the Hotel Supplier for tax purposes. Because the taxability of a reservation and applicable tax rates vary by location, the tax amounts we pay to Suppliers may differ from the charge to you for Taxes and Fees.

The charge for Taxes and Fees may include: (1) the amount of tax we expect the relevant Hotel Supplier will charge, (2) a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including customer service costs, (3) any marketing destination fees charged by local tourist bureaus, and (4) in certain jurisdictions, taxes or government-imposed fees that apply to the amounts we retain as compensation for our services. These charges vary by Supplier location and accommodation type.

Please note that HotelTonight does not issue Value Added Taxes (VAT) invoices for any purchases made through the Service.

  1. Hotel Overbooking and Cancellations

If a Supplier is unable to honor your reservation, please contact us immediately. We will do our best to work with you and the Supplier to find alternative accommodations, but we do not guarantee that we will be able to rebook your reservation. If we are unable to rebook you, we may, with your consent, provide HT Credits for a booking cancelled or otherwise not honored by a hotel (instead of making a refund of the amounts paid).

Unless otherwise specified during check-out for your booking or otherwise permitted by our policies or terms, reservations made on HotelTonight are non-cancellable and non-refundable. If your reservation is marked as being cancellable, you may cancel through the Service up until the time and date provided in your confirmation email. If you cancel before that time, the amounts paid or credits used to pay for the booking will be refunded to the payment method and HotelTonight account used to make the booking. If HT Perks Points or other promotional consideration was earned on a booking that was cancelled and refunded, the HT Perks Points or other promotional consideration will be removed from your account upon cancellation.

  1. Room Assignments and Check-In

Upon check-in at the hotel, you may be required to present a form of payment acceptable to the Supplier (such as a credit card or cash deposit) to cover additional expenses incurred during your stay. The minimum account balance or amount of available credit may vary by Supplier, and any such deposit is unrelated to any payment received by HotelTonight for your booking. You may also be required to present a passport or other valid ID, depending on the jurisdiction.

All rooms booked through HotelTonight can accommodate two guests unless otherwise specified in the hotel’s profile on the Application. You may not exceed the maximum number of allowed guests. Any extra guests are at the Supplier’s discretion and may be subject to additional fees imposed by the Supplier. Unless otherwise specified, no specific room type is guaranteed with your booking. Room assignments are based on availability and are at the Supplier’s discretion. If you have special requests (including bed types, preferences for smoking or non-smoking rooms, a specific room, floor location, pet accommodations, or wheelchair or other accessibility needs), you must contact the Supplier directly to inquire whether special requests can be met. HotelTonight has no control over which room a Supplier will assign to you and cannot guarantee special requests in advance of your booking.

Contact the Supplier if you will be checking in late. If you fail to check in to your Accommodation on the date and time of your reservation, you will be bound by the terms of the cancellation and refund policy made available during your booking flow.

  1. Using the HT Pros Feature

For eligible bookings, we may, in our sole discretion, offer access to the HT Pros digital concierge feature in the Application. If we offer HT Pros for your booking, we may provide personalized recommendations for, or assist you with ordering or reserving, additional products or services offered on-site at the hotel or by a third party outside your hotel. You are responsible for paying the Supplier or third party directly for any products or services you request through HT Pros.

We do not guarantee that we will be able to locate a product or service to meet your request. We also make no guarantee about the price, availability, or quality of any products or services booked or recommended through HT Pros, and HotelTonight will particularly not be responsible for the provision of the products or services. Any terms, conditions, representations, or warranties related to your interaction with such third parties or your use of their products or services are solely between you and those third parties.

We will not book or request any products or services on your behalf which include alcohol, adult entertainment, services from a hotel other than the one you booked through the Service, or any other product or service we deem undesirable based on these Terms and other supplemental policies and terms linked to in these Terms or through the Service and in our sole discretion.

HotelTonight is unable to provide emergency assistance through HT Pros. If you have an emergency, please call 112 or the applicable emergency number in your country of destination.

  1. Disclaimer of Warranties

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  1. Limitations on liability

HotelTonight is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. HotelTonight is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of HotelTonight in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of HotelTonight is excluded.

  1. Indemnification

The indemnification obligation according to this Section 12 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. In this case, the following applies:

To the maximum extent permitted by law, you agree to release, defend (at HotelTonight’s option), indemnify, and hold HotelTonight (including our affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of our Terms, Privacy Policy, or Promotional Terms (including any supplemental or additional terms that apply to a product or feature); (ii) your use of the Service; (iii) your stay at a hotel Accommodation, including any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such stay; and (iv) your breach of any laws, regulations, or third party rights, such as intellectual property or privacy rights.

  1. Dispute Resolution and Arbitration Agreement (U.S.)
  1. Application: This Arbitration Agreement only applies to you if your country of residence or establishment is the United States, or if your country of residence or establishment is not the United States but you attempt to bring a legal claim against HotelTonight in the United States, to the extent not in conflict with the provision of art. 13 below.

  2. Overview of Dispute Resolution Process: The Dispute Resolution Process set forth in this Section 13 is a two-step process: (1) an informal negotiation directly with HotelTonight (described in paragraph (c) below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and HotelTonight each retain the right to seek relief in small claims court as an alternative to arbitration.

  3. Mandatory Pre-Arbitration Dispute Resolution and Notification: At least 30 days before initiating arbitration, you and HotelTonight each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to HotelTonight by mailing it to our agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. We will send our notice of dispute to the email address associated with your HotelTonight account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA rules (available at www.adr.org).

  4. Agreement to Arbitrate: You and HotelTonight mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the HotelTonight Application or Service (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and HotelTonight agree that the arbitrator will decide that issue.

  5. Exceptions to Arbitration Agreement: You and HotelTonight each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 14): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and HotelTonight agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

  6. Arbitration Rules and Governing Law: This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

  7. Modification to AAA Rules - Arbitration Hearing/Location: You and HotelTonight agree that any required arbitration may be conducted, at your option: (i) in the U.S. county where you live; (ii) in San Francisco county; (iii) via phone or video conference; or (iv) if all parties agree, solely by the submission of documents to the arbitrator.

  8. Modification to AAA Rules - Attorney’s Fees and Costs: 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. If such costs are determined by the arbitrator to be excessive, HotelTonight will pay all arbitration fees and expenses. 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.

  9. Arbitrator’s Decision: The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any country with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

  10. Jury Trial Waiver: You and HotelTonight acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

  11. No Class Actions or Representative Proceedings: You and HotelTonight acknowledge and agree that, to the fullest extent permitted by law, we each waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding against the other party. Unless we agree in writing, 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. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action, or requested remedy (and only that claim, cause of action, or requested remedy) will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.

  12. Severability: Except as provided in Section 13(k), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

  13. Changes to Agreement to Arbitrate: If HotelTonight changes this Section 13 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HotelTonight (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HotelTonight.

  14. Survival: Except if you reside in the EEA, and except as provided in Section 15(d) on survival, this Section will survive any termination of these Terms and will continue to apply even if you stop using the Service or terminate your HotelTonight account.

  1. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California and the United States of America. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of California and US law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of HotelTonight place of business. If HotelTonight wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the state or federal court in San Francisco, California.

  1. General Terms
  1. Modifications
  2. HotelTonight will provide notice to Users of any changes to the Application, unless such changes are of minor nature without having a material effect on the parties’ contractual obligation. HotelTonight reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Application and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Application will constitute acceptance of the revised Terms.

  3. Notice and Electronic Communications
  4. Unless otherwise specified, any notices or other communications to users permitted or required under these Terms will be provided electronically and given by HotelTonight via email, messaging service (including SMS), notice through the Application, or any other contact method we enable and you provide. 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 (unless otherwise required by law).

  5. Emails and SMS
  6. You will receive administrative communications from us using the email address or other contact information you provide for your HotelTonight account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed.

    Electronic communications from us, including emails, may include marketing and promotional content. No fee is charged for promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a HotelTonight account.

    In the U.S., if you consent to recent SMS (text messages) from us, HotelTonight will not charge you for the text messaging; however, standard message and data rates may apply according to your wireless rate plan. Contact your carrier for pricing plans and details.

  7. Entire Agreement; Severability; Survival
  8. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between HotelTonight and you pertaining to your access to or use of the Service and supersede any and all prior oral or written understandings or agreements between HotelTonight and you. 

    If Travelscape, LLC services are listed in your booking, Travelscape, LLC terms and conditions will apply in addition to these Terms. These Terms will supersede if there are any conflicts between these Terms and third party terms and conditions. 

    These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and HotelTonight.

    If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 13 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

    Unless you reside in the EEA, parts of these Terms that by their nature survive termination, will survive termination of this agreement.

  9. Assignment
  10. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without our prior written consent. HotelTonight may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

  11. No Waiver
  12. HotelTonight’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any right or provision in these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

  13. Third-Party Services
  14. The Application may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. HotelTonight is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party services are not an endorsement.

  15. Google Terms
  16. Some areas of the Application implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

  17. Apple Terms
  18. If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User Agreement.

  19. HotelTonight Application and Content
  20. Content made available through the Service may be protected by copyright, trademark, patent, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for such content are the exclusive property of HotelTonight and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any content accessed through the Service except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, HotelTonight grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the content made available on or through the Service and accessible to you, solely for your own personal and non-commercial use. The terms of this license will also govern any upgrades we provide that replace or supplement a prior version of the Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

  21. Copyright Notifications
  22. In accordance with the Digital Millennium Copyright Act (“DMCA”), applicable EU copyright laws, and other applicable laws, it is HotelTonight’s policy, in appropriate circumstances, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Where we consider adopting such a measure, we will take into account your legitimate interests, in particular by basing its decision on whether there are indications that you have not culpably caused the infringement, and by notifying and providing you with applicable reasons, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of you or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting our customer service.

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe content on the Service infringes your copyright(s), please send to our designated Copyright Agent a written DMCA Notice of Alleged Infringement with the following information (or a comparable notice enabling us to take the necessary steps): 

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. Identification of the copyrighted work(s) you claim to have been infringed;
    3. Identification of the material that you claim is infringing or to be the subject of infringing activity and that you request us to remove;
    4. Sufficient information to permit us to locate such material (including, if applicable, the URL of the link shown on the Application where such material may be found);
    5. Your name, address, telephone number, and email address; and
    6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    If material you have posted has been removed, you may send us a counter-notice with the following information (or a comparable notice enabling us to take the necessary steps):

    1. Identification of the specific material that was removed;
    2. Sufficient information to permit us to identify the location where the material appeared (including, if applicable, the URL of the link shown on the Application where such material could be found);
    3. Your name, address, telephone number, and email address;
    4. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Hotel Tonight, LLC may be found, and that you will accept service of process from the party who reported your content, or that party’s agent; and
    5. A statement by you, made under penalty of perjury, that you have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification.

    Please note that if you knowingly make any material misrepresentation in your notice, you may be liable for damages, including costs and attorneys’ fees, incurred by HotelTonight, the alleged infringer, and/or the copyright owner or copyright owner’s authorized licensee.

    Notices can be sent to our designated Copyright Agent at copyright@hoteltonight.com or:

    Copyright Agent
    c/o Hotel Tonight, LLC
    Attn: Legal, DMCA Complaints
    888 Brannan Street
    San Francisco, CA 94103
    United States

  23. Patent Notices
  24. One or more patents owned by HotelTonight may apply to the Service. Portions of the Service operate under license of one or more patents. Other patents are pending.

  25. Registrations
  26. Seller of Travel: HotelTonight is a registered seller of travel in each of the states listed below:

    • Florida (Registration number: ST38200)
    • Washington (Registration number: 603134658)

  27. Contact Us
  28. If you have any questions about these Terms, please contact us at help@hoteltonight.com or

    Hotel Tonight, LLC
    888 Brannan Street
    San Francisco, California 94103
    United States