If your country of residence or establishment is outside the European Economic Area (“EEA”), Switzerland, and the United Kingdom, these Terms of Service for Non-European Users apply to you.
If your country of residence or establishment is within the EEA, Switzerland, or the United Kingdom, the Terms of Service for European Users apply to you.
Terms of Service for Non-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; THEY AFFECT YOUR LEGAL RIGHTS.
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.”
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.
When you book Accommodations through HotelTonight, a contract is formed directly between you and the Supplier for the reservation of the hotel room(s) and you agree to abide by all terms and conditions of the Supplier. HotelTonight is not a party to the contracts concluded directly between users and Suppliers.If the Supplier’s terms and conditions conflict with these Terms, these Terms apply with respect to your relationship with HotelTonight.
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 are responsible and liable for activities conducted through your account and must immediately notify us at firstname.lastname@example.org if you suspect that your credentials have been lost or 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.
By using the Service, you represent and warrant that:
The content and information on the Service, as well as the infrastructure used to provide them, are proprietary to HotelTonight or our Suppliers or 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, you agree not to:
User Violations. If (i) you breach these Terms or any other supplemental policies and terms linked in these Terms or through the Service, (ii) you violate applicable laws, regulations, or third-party rights, (iii) we believe your booking or account shows signs of fraud, abuse, or suspicious activity, or (iv) we believe it is reasonably necessary to protect HotelTonight, its users, or third parties, we may, with or without prior notice and at our sole discretion:
In addition, HotelTonight may take any action we determine is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body.
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.
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 email@example.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.
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.
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 of images or content provided by Suppliers and disclaims all liability for any errors or inaccuracies in Hotel Content. Hotel photos that appear on the Service are 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”). User Content includes communications to our customer service team, as well as 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 you grant HotelTonight a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit that User Content (including the name that you submit in connection with such User Content), without limitation. 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:
We have no obligation to post User Content that you submit, and we reserve the right to remove any User Content, in whole or in part, that violates these Terms.
Guest Reviews. Following a hotel stay booked through the Service, you will have an opportunity to submit a review of your stay at the Accommodation (“Review”). Reviews are 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 also prohibited:
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 an Accommodation through the Service, you authorize HotelTonight to (i) facilitate the reservation on your behalf, including making payment arrangements with the Supplier, and (ii) 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 in the Application. 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 by HotelTonight in the currency indicated in 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 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 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 indicated in the Application during check-out (“Taxes and Fees”).
The charge for Taxes and Fees may include: (1) the amount of tax we expect the relevant Supplier will charge; (2) a fee we retain as part of the compensation for our services and to cover the costs of facilitating your reservation, including customer service costs; (3) any marketing destination fees charged by local tourist bureaus; and/or (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 to guests for any purchases made through the Service.
If a Supplier is unable to honor your reservation, please contact us immediately. We will do our best to work with you and the hotel to find alternative accommodations, 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.
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 specified during check-out as being cancellable, you may cancel through the Service up until the time and date provided in your confirmation email.If you cancel the booking before that time, the amounts paid or credits used will be refunded to the payment method and HotelTonight account used to make the booking. Any promotional consideration earned on a booking that was cancelled and refunded will be removed from your account upon cancellation. Any refunded amounts will not count toward your qualifying spend under the HT Perks Program.
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. Please confirm these details with the Supplier prior to your travel. 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, the remaining portion of your reservation with the Supplier may be cancelled, and you will not be entitled to a refund unless your booking was specified during checkout in the Application as cancellable or unless otherwise permitted by our policies or terms.
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 you agree that HotelTonight will have no liability related to such 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 reserve the right, in our sole discretion, to decline to book or request any products or services on your behalf, including alcohol, adult entertainment, illegal products or services, or services from a hotel other than the one you booked through the Service.
HotelTonight is unable to provide emergency assistance through HT Pros. If you have an emergency, please call 911 (in the U.S.) or the emergency services number in the country where you are staying.
We provide the Service “as is” without warranty of any kind, and we disclaim all warranties, whether express or implied, including all warranties of merchantability, fitness for a particular purpose, title, and non-infringement and warranties that the Service is free of viruses or other harmful components. Your use of the Service and your contact, interaction, or dealings with any third parties arising out of your use of the Service, including your hotel stay with any Supplier, is solely at your own risk.
Suppliers offering Accommodations through HotelTonight are independent contractors and not agents or employees of HotelTonight. We do not endorse or warrant the performance, safety, quality, legality, or suitability of any hotel Accommodation, and we neither guarantee nor insure the service to be provided by any Supplier. We are not responsible for the acts, errors, omissions, representations, warranties, breaches, or negligence of Suppliers or any other party not under our control, and we assume no liability for any illness, bodily injury (including death), disability, theft, property damage, or other damages or expenses arising from your stay at an Accommodation.
We also do not warrant the performance or non-interruption of the Service or 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 disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutorily required rights or warranties that cannot be disclaimed, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
To the maximum extent permitted by law, neither HotelTonight nor its affiliates or personnel will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms; (b) the use of or inability to use the Service; or (c) booking of an Accommodation, including use of hotel services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not your organization or HotelTonight has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed of its essential purpose.
To the maximum extent permitted by law, in no event will HotelTonight's aggregate liability arising out of or in connection with these Terms, your use of or inability to use the Service, or booking of an Accommodation, including use of hotel services exceed the amounts you have paid HotelTonight for bookings of hotel Accommodations via the Service as a guest in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (USD $100), if no such payments have been made.
Nothing in these terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 13 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, CA.
We may modify these Terms at any time. When we make material 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 any material changes by email at least 30 days before the date they become effective. Your continued access to or use of the Service will constitute your acceptance of the revised Terms, even if you were not aware of them due to your failure to update to the most recent version of the Application. If you do not agree to the revised Terms, you must discontinue your use of the Service or ask us to delete your account. You release HotelTonight and its parent, affiliates, and their respective officers, directors, employees, and agents, from and against any liability for any changes to these Terms which were available but that you were not aware of due to your failure to update to the most recent version of the Application.
b. Notice and Electronic Communications
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.
c. Emails and SMS
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.
d. Entire Agreement; Severability; Survival
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 is 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.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
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.
f. No Waiver
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.
g. Third-Party Services
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.
h. Google Terms
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.
i. Apple Terms
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User Agreement.
j. HotelTonight Service and Content
The Service and 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 such intellectual property rights 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.
k. Copyright Notifications
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, it is HotelTonight’s policy, in appropriate circumstances and in our sole discretion, 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.
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:
If material you have posted has been removed, you may send us a counter-notice with the following information:
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 firstname.lastname@example.org or:
Hotel Tonight, LLC
888 Brannan Street
San Francisco, CA 94103
l. Force Majeure
HotelTonight shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Seller of Travel: HotelTonight is a registered seller of travel in each of the states listed below:
n. Contact Us
If you have any questions about these Terms, please contact us at email@example.com or:
Hotel Tonight, LLC
888 Brannan Street
San Francisco, California 94103