The terms "we", "us", and "our" refer to RoomStays.com, a website offering customers travel services such as hotel reservation, hotel reviews, and travel guides. The term "you" refers to the customer visiting the website and/or making reservations through our website, or through our customer service agents.
This website aims to assist you in gathering information for travel and travel-related goods and services. Subject to our terms and conditions,this website will allow you to, make reservations or transact business with suppliers of travel related services.
This website is offered to you conditioned upon your acceptance of all the terms, notices, and conditions indicated below (otherwise known as the "Agreement"). By accessing, viewing, or utilizing our website, in any manner, you agree to be lawfully bound to this Agreement. Please review this Agreement carefully as it outlines and governs all transactions conducted on this site. If you do not agree with all of these terms and conditions specified here, please do not use this Website.
If we decide to change our Agreement, we will post those changes on this page, and/or update the Agreement modification date below. Policy changes will apply only to information collected after the date of the change.
This policy was last modified on 04/24/2012
As a general condition of your using this website, you are confirming that (a) you are at least 18 years old; (b) you shall use the services in this website according to the Agreement; (c) you have legal authority to create legal obligations; (d) you will make use of the services offered by this website to make legal reservations; and (e) all information that you are providing this website is true, current, accurate, and complete. We reserve the right to deny access to our site as well as our services to anyone,anytime or for any reason.
This Website may contain hyperlinks to websites operated by parties other than the company itself. Such links are provided for your reference only. We do not control the third party websites and are not responsible for the contents or practices of the third party website. It is up to you to make the necessary precautions to ensure that whatever links you open or software you download is free from viruses and other malware. Although we have these links to these websites, it does not mean to say that we are endorsing the said websites, nor do we have any association with their operators.
The information on this site (such as price, availability, and other travel information), as well as the manner used to provide such information, is proprietary to us or our advertisers, providers, and suppliers and is protected by various federal and international copyright and trademarks. You agree not to:
You, the customer, acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have to be paid locally. You are exclusively responsible for paying such additional taxes.
You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The hotel suppliers invoice us for certain charges, including, where appropriate, tax amounts. The hotel suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges ("Taxes and Fees") which we charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge ("Taxes and Fees") amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. Additionally, the difference is what we retain as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.
We do not act as co-vendor with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, for example, tax recovery charges ("Taxes and Fees"), as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
We pre-negotiate certain room rates with hotels to facilitate the booking of reservations on your behalf. You also acknowledge that we provides you services to facilitate such booking of reservations for a consideration (the “facilitation or service fee.”) You authorize us to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges and service fees ("Taxes and Fees"). You agree that your credit card will be charged for the total reservation price.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. In limited cases, some reservations cannot be changed or cancelled after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations. Always read the cancellation policy provided to you on the checkout page when finalizing your reservation.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, please visit our Group Booking page.
RoomStays.com and our affiliates (collectively, “RoomStays.com”, “we”, “us” or “our”) enjoy hearing from you. Before communicating to us, we hereby advise you that you are permitting us to use your communications as may be further described herein.
Specifically, you are hereby notified that by making any such communications, whether through content submission to us our any of our websites (“Websites”) by electronic mail, postings or otherwise (collectively, “User Communications”), you hereby: (i) acknowledge and agree that Submissions are non-confidential and non-proprietary; and (ii) grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, irrevocable and fully sublicensable right to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display User Communications; and (b) use the name submitted in connection with the User Communications. You also provide us the right to attribute your reviews/comments to you and to seek legal remedies against any person or entity that may violate your or our rights related to User Communications.
Our Websites may contain various types of venues ("Posting Areas") where you and other third parties are able to post User Communications, such as hotel reviews, questions, comments, suggestions, and ideas. If you provide any User Communications in any Posting Areas, you are solely responsible for your use of the Posting Area and by providing User Communications thereto, assume any and all risks associated therewith. In addition, if you provide any User Communications in any Posting Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish (collectively, “Post”) through the our Websites any message, data, web or email link, information, text, music, sound, photos, graphics, code or any other material ("Content") that:
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER COMMUNICATIONS OR CONTENT POSTED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED THERETO, NOR ARE WE LIABLE FOR ANY CONTENT THAT MAY BE POSTED ON OUR WEBSITES. MOREOVER, WE ARE NOT LIABLE FOR ANY USER COMMUNICATIONS OR CONTENT PROVIDED BY OUR USERS IN ANY FORUM. FURTHERMORE, ALTHOUGH WE HAVE NO OBLIGATION TO SCREEN, EDIT OR MONITOR ANY CONTENT POSTED TO OR DISTRIBUTED THROUGH ANY POSTING AREA, WE RESERVE THE RIGHT (BUT ARE NOT, UNDER ANY CIRCUMSTANCES, OBLIGATED), IN OUR SOLE AND ABSOLUTE DISCRETION, TO REMOVE, SCREEN OR EDIT WITHOUT NOTICE ANY USER COMMUNICATIONS OR CONTENT POSTED ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF AND REPLACING ANY USER COMMUNICATIONS CONTENT YOU POST ON OUR WEBSITES AT YOUR SOLE COST AND EXPENSE.
By Posting User Communications or Content to our Websites, in the event that it is determined that you retain moral rights (including rights of attribution or integrity) in the User Communications or Content, you acknowledge and agree that you (a) do not require that any personally identifying information be used in connection with the User Communications or Content, or derivatives or modification thereof; (b) the use of the User Communications or Content by us or any other party so authorized hereunder; (c) you forever waive to any moral rights you may have to the User Communications or Content; and (d) forever release us and such other authorized parties hereunder, from any claims that could be asserted by virtue of any such moral rights.
Certain statements contained herein are based on our beliefs and assumptions and on information that is currently available to us. For example, we have limited bookings available to us but do not receive real-time updates as to when bookings are no longer available for a particular hotel. Thus, certain statements are based on the fact that if you do not book the room you are currently viewing, there is a possibility that you may lose the opportunity to book the room at a later time. As these statements are based on our beliefs and assumptions, including that we have limited bookings available, the actual numbers of rooms available, people viewing a room or recent bookings may be different from the actual numbers. By using this Website, you acknowledge and agree to the foregoing and to hold us harmless for any damages, whether actual or perceived, resulting from said statements.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED ONLY AS GENERAL GUIDELINES, WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
IN NO EVENT SHALL ROOMSTAYS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ROOMSTAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, RoomStays or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of RoomStays and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to to RoomStays in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You agree to defend and indemnify RoomStays against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
All contents of this website are copyrighted © 2012 RoomStays.com All rights reserved. RoomStays.com is not responsible for content on websites operated by parties other than RoomStays.com. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
RoomStays.com complies with the Digital Millennium Copyright Act. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
Notices with respect to this Website should be sent to:
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.