LAST REVISED: December 16, 2019
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICE TO BINDING ARBITRATION RATHER THAN A COURT. THE BINDING ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY ARBITRATION INDIVIDUALLY AND NOT AS PART OF A CLASS.
These terms of service ( “Terms”) apply to your access and use of the mobile applications, websites, emails, text messages and social media accounts (collectively, the “Application”) owned, operated or provided by Hotel Tonight, LLC (“HotelTonight”, “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 HotelTonight 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 HotelTonight if you violate these Terms.
The Service is offered and available to users who are at least 18 years of age (or the age of majority in your jurisdiction of residence if older). By using the Service, you represent and warrant that you are of legal age to form a binding contract with HotelTonight and all of the eligibility requirements contained in these Terms. You may not use the Service if you do not meet all of these requirements.
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. All changes to these Terms are effective immediately when we post them and apply to use of the Application and Services thereafter. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service. We also recommend you regularly update to the most recent version of the Application to allow you to take advantage of new functionality and to ensure you have access to the most recent terms of service and promotional offer terms (changes thereto aren’t viewable until you update the Application). You recognize that changes to the terms and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the Application. Your use of the Application, and failure to update to the most recent version, constitutes your agreement that HotelTonight shall have no liability to you, and you release HotelTonight, and its parent, and its affiliates, and their respective officers, directors employees and agents, from and against any liability, for any changes to terms of service or promotional offers which were available but that which you were not aware of due to your failure to update the Application.
Additional terms and conditions may apply to your reservation of some hotel accommodations. For some bookings through the Service, we will let you know in the booking path on our Application that a third party is the supplier for that particular booking. In those cases, please also refer to the third party’s terms and conditions.
If you have any questions regarding the use of the Service, please email us at email@example.com.
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.
To access certain areas and features of the Service, you may be required to register with HotelTonight. 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 (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to HotelTonight, 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 HotelTonight.
HotelTonight 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 HotelTonight.
You agree to accept responsibility for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. It is your sole responsibility to control access to and use of your account, and notify us when you desire to cancel your account on the Service. You may not use anyone else’s account at any time on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Service if you fail to keep your account information secure.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org
Subject to the terms, conditions and limitations set forth in these Terms, HotelTonight 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 HotelTonight 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 HotelTonight, which may subject you to prosecution and damages. HotelTonight reserves all rights not expressly granted to you in these Terms.
HotelTonight 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.
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.
HotelTonight attempts to be as accurate as possible. If you have reason to believe that a hotel room you booked through the Service or other product or feature does not meet the claims advertised within the Service, you must contact HotelTonight immediately (and in any case no later than three business days following the check-in date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Hotel content, including images, are provided by the hotels. HotelTonight and its suppliers are not responsible for the accuracy of images or hotel content.
HotelTonight 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 HotelTonight in every area on any particular day.
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. 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.
You acknowledge that HotelTonight provides the Service for a consideration (“Facilitation Fee”). The room rate displayed on the Application includes the room rate we pre-negotiated for the room we are reserving on your behalf and the Facilitation Fee. You agree that HotelTonight will charge you for the total reservation price. Except as described below, the tax recovery 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 recovery amount may include government imposed fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes owed by the hotel may vary from the amount we estimate. The balance of the amount included under “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.
Where applicable, our hotel suppliers determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.
For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes taxes and government imposed fees that we are required to collect and remit to the jurisdiction with respect to amounts we retain as compensation for our services.
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), but we do not guarantee that we will be able to rebook your reservation. We may, in our sole discretion, provide HT credits for a booking cancelled or otherwise not honored by a hotel.
If your booking is cancelled by the hotel and the expiration date has passed for the HT credit that you used in making that booking, then HotelTonight may extend the expiration date for the HT credits at its discretion, and you would see the HT credits refunded in your HT account.
Some reservations are non-cancellable and non-refundable. Whether a reservation can be cancelled for a refund is displayed in the description of the hotel room prior to booking and also noted in your confirmation email. If your reservation is marked “Free Cancellation”, you can cancel through the Application up until the time and date provided in your confirmation email. If you cancel prior to that time, the amounts paid or credits utilized in booking the reservation will be refunded to you. The method and account used to book will be the method and account refunded. If HT Perks Points or other promotional consideration were earned on a booking that was cancelled and refunded, the HT Perks Points or other promotional consideration will be removed upon cancellation. Similarly, if HT credit was used to book the refunded reservation, such HT credit will be returned to the user’s account, if it has not expired. If you cancel the booking after the expiration date of the HT credit used to make the booking, then you will not see the HT credits returned to your HT account, because the credits will have expired.
Reservations that are not marked “Free Cancellation” are not refundable.
For all promotional campaign terms, including use of personal invite codes, coupons and other promo codes, please see our Promotional Terms, which govern the use of all codes and coupons.
Please see our HT Perks Program Terms, which govern your participation in the HT Perks program and are incorporated by reference herein.
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.
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 HotelTonight are independent contractors and not agents or employees of HotelTonight. HotelTonight 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.
Use of the HotelTonight HT Pros feature requires that you have a valid account on the application.
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 at which you booked through the Service, or any other product or service we deem undesirable in our sole discretion. HotelTonight makes no guarantee or warranty about any of the products or services, and you agree that HotelTonight will have no liability related to such products or services.
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.
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.
Only you and HotelTonight are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein. No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Hotel Tonight, LLC
901 Market St, Suite 310
San Francisco, California 94103
*You may also contact our member support team at email@example.com