Terms & Conditions

Last Revised: August 8, 2023

Roomer Travel, Inc. and its subsidiary Roomer Travel, Ltd. and affiliates (“Roomer,” “we,” “us,” “our,” or the “Company”) welcome you (“User,” “you, or ”your“) to our online marketplace where Users can buy and sell Property reservations (the “Marketplace Service”), all as can be found on our website at www.roomertravel.com (the “Site”) and via our mobile application available on the Apple App Store and [Google Play Store] as “Roomer travel“ (the “App” and, collectively with the Site, the “Platform”). We also welcome you to our content-sharing platform, where Users can consume and post content that advertises Property reservations, allowing content consumers to directly purchase Property reservations by interacting with posted content and allowing content creators the opportunity to earn commissions on reservation sales made as a result of their posted content (the “Social Media Service” and, collectively with the Marketplace Service, the “Service/s”), all as can be found on our Platform. As used herein, the term “Property” refers to any kind of real property which may be rented or leased, in whole or in part, for any period (e.g., a number of hours, days, nights, weeks, months, etc.), and for any purpose (e.g., lodging), including but not limited to hotels, motels, flats, apartments, houses, rooms, cabins, camping sites, campgrounds, buildings, and tents.

Please be aware that all the information you share with us during your registration to the Platform and use of the Platform, including, without limitation, your Seller Story (as defined below in Section 15), is collected, stored, and used by us as further detailed in our Privacy Policy, which is incorporated into the terms and conditions hereunder by this references. You may only use the Service in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

By entering to, connecting to, accessing, or using the Service and/or Platform, you acknowledge that you have read and understood these terms of use, including the terms of the Privacy Policy (collectively, the “Terms”), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and/or Platform. You acknowledge that the Terms constitute a binding and enforceable legal contract between Roomer and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS, OR USE THE PLATFORM IN ANY MANNER.

2. Service

2.1. The Marketplace Service allows sellers (“Seller/s”) in possession of unused Property reservations (“Reservation/s”) to make such Reservations available for sale to buyers (“Marketplace Buyer/s”) who wish to book the related space at the Property. In addition, Marketplace Buyers and Sellers may also post reviews and comments (“Review/s”) related to Properties and other general travel matters on the Marketplace Service.

2.2. The Social Media Service allows a content creator (“Creator/s”) to earn commissions on Reservations sold to content consumers (“together with Marketplace Buyers, “Buyer/s”) through the Creator’s posted video content (“Video Content”) on the Platform. The Social Media Service also allows content consumers (“Consumer/s”) to interact with Video Content by reacting and posting comments on the Platform.

2.3. We make no warranties as to the quality of service provided by any Property visited as a result of Reservations that are sold on the Platform, nor are we responsible or liable for any damages or costs incurred to you as a result of, or in connection with, a Reservation purchased through the Service, other than as expressly set forth in our Buyer Protection Program at https://www.roomertravel.com/buyer-protection. Please note that prices may be displayed in various currencies, but the charge and invoice will only be in U.S. Dollars.

3. Fees & Service Charges

3.1. Roomer may collect fees, service charges, and taxes from Users, as set forth herein. All fees and service charges set forth herein are subject to change.

3.2. In consideration for providing the Marketplace Service, Roomer may collect Marketplace Service fees from Sellers (“Marketplace Service Fees”). The Marketplace Service Fee is 15% of the total value of the Reservation sold to a Marketplace Buyer. The Marketplace Service Fee is deducted from the Seller’s final payout for a Reservation and is only taken when a Reservation is successfully sold on the Platform. “Successfully sold” means that the full payment for the Reservation was received by Roomer from Buyer and the Reservation was transferred into the name of the New Guest (as defined below in Section 4.1). Where applicable, in addition to the Marketplace Service Fee, taxes, service charges, and other money transfer fees may also be deducted from the final sum paid to Seller.

3.3. Roomer reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Platform in connection with such features. We reserve the right to change our prices and to institute new charges at any time upon two (2) days prior notice to you, which may be sent by email or posted on the Site or App. Your use of the Service following such notification constitutes your acceptance of any new or increased charges. In addition, Roomer reserves the right to require payment of fees for certain additional features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Platform in connection with such features.

4. Selling Reservations

4.1 In order to sell a Reservation through our Marketplace Service, you must fill out the online form available on our Site at https://www.roomertravel.com/sell  or on our App with all requested information, including your Reservation details, your selling price for such Reservation, and the name of the original guest identified for the Reservation (the “Original Guest”). Roomer may offer you an option to have Roomer set the price and adjust it until the Reservation is no longer valid, available, or sold. Once we validate the Reservation with the respective Property, we will post your Reservation on the Platform for sale. Once a Buyer opts to purchase your Reservation and pays for the Reservation, we will contact you to transfer the Reservation to the name of the guest identified by the Buyer (“New Guest”). Once you have confirmed this name change, we will send the Buyer a confirmation of such transfer by email. In the case that you do not respond to our inquiry to change the name on the reservation, you hereby authorize us to contact the applicable Property (e.g., hotel) and/or room provider on your behalf to add the New Guest’s name to the Reservation or change the Reservation to the name of the Buyer or the New Guest. In the event that the name on the reservation is unable to be modified, whether because you were unable to modify it, or because the Property did not agree to the change, or for any other reason, Roomer has the right to cancel the transaction.

4.2. Payment owed to Sellers shall be paid within ten (10) days after the Buyer or the New Guest checks out of the Property associated with the Reservation to ensure that Reservations are not sold to more than one person. When Sellers become eligible for payment, they can choose a preferred payment method. Current payment methods are PayPal or Roomer Credits, but these methods are subject to change. Payments not claimed by Seller within sixty (60) days after the payment date shall be canceled, and Seller shall have no right to claim the payment after this date.

4.3. To ensure the safety and availability of Reservations, Roomer may ask the Seller for credit card information before posting the Reservation. The Seller’s credit card details are stored in a PCI-compliant manner as a guarantee in case the Seller’s Reservation is sold but no longer available. The Seller’s credit card will not be charged except in the case the Seller’s Reservation is sold but becomes unavailable or unusable, including when the Seller cancels the reservation with the Property or the Seller checks into the Property or uses the Reservation or, in any way, makes the Reservation unavailable or unusable. In the event you no longer wish to have your Reservation posted for sale on Roomer, simply remove it via the “Delete” button in “My Account.” It is your responsibility to remove from the Platform any Reservation you no longer wish to offer for sale, or that is no longer usable or available. In the case the Seller’s Reservation is sold on Roomer, and is later made unavailable by the Seller, Roomer reserves the right to charge the Seller the cost of the reservation in order to cover the cost of the accommodation for the buyer.

5. Creator Commissions

5.1. Creators will, if eligible, earn a commission on the purchase of a Reservation made by a Buyer through the Platform via the Platform-embedded “Book” button in the Creator’s Video Content (the “Commission”). The Commission will be equal to a Commission Percentage of 40%-80% (as determined by Roomer in its sole discretion) of Roomer’s Adjusted Net Revenue, being the net revenue actually received by Roomer from the purchase of such Reservation, less any taxes, fees or other amounts that Roomer may be required by law or by contract to withhold or pay to Sellers or third parties. This Commission Percentage is subject to change in Roomer’s discretion. If the purchase of a Reservation is cancelled by or refunded to a Buyer, the Creator will not be eligible to earn a Commission for the cancelled or refunded Reservation. By agreeing to these Terms and by posting Video Content on our Platform, you agree that you are not entitled to any compensation from us beyond the applicable Commission. Your Commission Percentage may differ for different Properties, for different Video Content and at different times.

5.2. In order to be eligible to earn Commissions for content on our Platform, Creators must be in compliance with the Terms. Creators will receive their earned Commissions on a monthly basis through Roomer’s designated payment processor, provided that Creator earned Commissions of at least $100 that month. If a Creator does not earn Commissions of at least $100 in a given month, the applicable payment will be delayed until the Creator has earned $100. Where applicable, taxes or other money transfer fees may also be deducted from the final sum paid to the Creator. To receive a Commission, Creators may need to create an account with our designated payment processor, provide information requested by the payment processor, and comply with any terms and conditions imposed by the payment processor.

6. Buying Reservations and Buyer Protection Program

6.1. Buyers may purchase Reservations on the Platform using a valid credit card. Roomer will charge the amount to the Buyer’s credit card upon purchase. For peer-to-peer reservations (i.e., Reservations in which an individual “Seller” is selling their reservation to an individual “Buyer”), once Buyer pays for the Reservation, we will contact the original Seller to transfer the Reservation to the name of the New Guest and send Buyer a confirmation of such transfer by email once Seller has confirmed this change. By using the Service, Buyer provides consent to Roomer to share Buyer’s and/or the New Guest’s personal information with Sellers, Reservation providers, and/or Property (e.g., hotel) in order to change the Reservation to the name of the New Guest.

6.2. In addition, we will hold the sums paid by Buyer until 10 days after Buyer and/or the New Guest checks out of the Property in order to ensure Reservations are not sold to additional persons after the sale and that the sale was successful.

6.3. Buyers may ask for special requests or changes that may require additional payment, subject to the Terms and any other terms set forth on the Platform. In the event we are unable to fulfill the special request or change, Buyer will be refunded in full for that additional payment. Special requests and changes in the Reservation booked are subject to availability, and Roomer shall not be obligated to fulfill that special request or change.

6.4. With respect to Property listings, you agree that Roomer is not responsible for any inaccuracies in the photos of the hotel, room, or other images of the Property or surrounding area.

6.5. We take measures to ensure the validity of Reservations made through the Service and prevent any mistakes or fraudulent activity with respect to the sale of Reservations on the Service. Nevertheless, to provide peace of mind when purchasing a Reservation, Buyers are entitled to certain compensation and remedies, as detailed in our “Buyer Protection Program” at https://www.roomertravel.com/buyer-protection, in the event a Reservation purchased through our Platform is not honored by the Property.

7. Flexible Cancellations/Cancellation Option (“Roomer Flex”)

7.1. Reservations on Roomer (i.e., on the Platform) are non-refundable, unless otherwise denoted on the Platform. However, Roomer may offer you a cancellation option when you are booking the Reservation. If you have not purchased the cancellation option together with the Reservation, Roomer may send you an email to the address you provided when opening an Account with Roomer, offering you the opportunity to purchase the cancellation option post-sale. The cancellation option allows Buyers to cancel their Reservation up to 24 hours before their scheduled check-in date and receive a refund of the Reservation price paid, excluding the cancellation option fee (the “Refund”).

7.2. The cancellation option and Refund apply only to a Buyer who purchases the cancellation option, PROVIDED, HOWEVER, THAT (I) A BUYER WHO DID NOT PURCHASE CANCELLATION OPTION SHALL NOT BE ABLE TO USE THE SERVICE OR RECEIVE A REFUND WHEN CANCELING THEIR RESERVATION; AND (II) A BUYER WHO BOOKS A RESERVATION WITHIN 24 HOURS BEFORE THE CHECK-IN DATE SHALL NOT BE GIVEN THE OPTION TO PURCHASE A CANCELLATION OPTION.

7.3. A Buyer who purchases the cancellation option may activate it up to 24 hours before their check-in date by clicking the cancellation button on the “My Booking” page on the Platform. Once activating the cancellation option, all rights to the Reservation will immediately pass to Roomer, and Roomer may use this Reservation in its sole discretion. The credit card the Buyer used to book the Reservation shall be refunded within 14 days after activating the cancellation option. If the Buyer cancels less than 24 hours before their check-in date, the Reservation shall not be refundable, even if a cancellation option was purchased.

7.4. In the event a Buyer booked their Reservation or a portion of their Reservation using Roomer Credits (as described below in Section 29), the Roomer Credits shall not be returned.

7.5. To prevent any fraudulent activity with respect to the purchase and sale of Reservations and/or the Service, any Buyer and/or Seller deemed by Roomer, in its reasonable discretion, to have misused the cancellation option shall not be refunded, and the fee paid to purchase any cancellation option shall not be returned.

7.6. Please note that a Refund shall not be paid if caused by, necessitated by, resulting from, or related to any one or more of the following situations: (i) any war, invasion, act of a foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, mutiny, conspiracy, military or usurped power, confiscation, nationalization, commandeering, requisition or destruction or damage by or under the order of any government de jure or de facto or by any public or local authority; (ii) any nuclear, radioactive, biological, biochemical, chemical, electromagnetic, toxic, explosive or otherwise hazardous contamination or pollution and terrorism; (iii) any total or partial interruption or reduction in performance or complete outage of power, heating, lighting, water, electricity, utility, internet or any other telecommunication including cable or satellite; (iv) any pandemic or space weather defined as conditions on the sun and in the solar wind, magnetosphere, ionosphere, and thermosphere that can influence the performance and reliability of space-borne and ground-based technological systems such as satellite navigation systems; or (v) any insolvency and/or financial default.

7.7. Roomer may amend this cancellation policy in its sole discretion.

7.8. Applicable taxes will be retained and remitted in the event of a cancellation by Buyer.

8. Registration, User Account, and Profile

8.1. A Seller who wishes to use the Marketplace Service, and any Creator or Consumer who wishes to use the Social Media Service, must register on the Platform and create a personal account (“Account”) and associated personal profile (“Profile”), which will contain the User’s basic personal details. Marketplace Buyers may buy Reservations anonymously (without becoming a registered User). Registration can be done either by completing the online form at https://www.roomertravel.com#sign-up, signing up directly through the App, or by using your Facebook account. When registering via Facebook, you permit Roomer to obtain certain personal information related to you from Facebook.

8.2. During the registration process, you will be asked to choose a password for your Account, which must always be kept in confidence. You agree not to disclose your username or password to any third party. To learn more about the type of information we collected when you register for the Service, please see our Privacy Policy.

8.3. If you wish to change your user name or password to log in to your Account or cancel and remove your Account from the Platform, you may do so by using the provided option on the Platform or by contacting Roomer at https://help.roomertravel.com/hc/en-us/requests/new with such specific request. Your Account will be terminated within a reasonable time following your request, and from that date of termination, you will no longer be able to access your Account.

8.4. A “fake account” or “fake profile” is an Account or Profile where someone is pretending to be something or someone that does not exist. A “fraudulent account” or “fraudulent profile“ is an Account or Profile where someone is pretending to be someone else, with or without their permission.

8.5. You agree not to create a fake or fraudulent account or profile or any account or profile depicting the likeness of anyone other than you.

8.6. Roomer has the right to delete any Account that Roomer, in its sole discretion, considers fake or fraudulent or created for fraudulent or dishonest use or which has a fake or fraudulent profile and not to pay Commissions generated by such an Account.

9. Permitted Uses

Roomer authorizes Users to use the Service and to print out information related to them, including Reservation information (“Service Information”). Any copies you make of any Service Information are subject to the following restrictions: (i) you may not remove or disassociate from the Service Information any copyright, trademark, or other proprietary notices contained therein (such as ©, ™, or ®); and (ii) you may not modify, reproduce, display, perform, distribute, prepare derivative works from or otherwise use the Service Information for any purpose not expressly permitted by the Terms.

10. Use Restrictions

Certain conduct is strictly prohibited when using the Service and/or Platform. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Roomer’s sole discretion) in the termination of your access to the Service and/or Platform and may expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

(i) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, use any part of the Service or Platform or any content on the Platform except: (a) as expressly authorized by the Service and/or Platform; or (b) with our prior written permission and, if applicable, that of all respective rights holders;

(ii) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Platform or Service Information, in any way or publicly display, perform, or distribute them other than as permitted in the Terms;

(iii) circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service or Platform (or attempt to do any of these things);

(iv) make any use of the Service Information on any other website or networked computer environment for any purpose other than as permitted in the Terms, or replicate or copy the Service Information without Roomer’s prior written consent;

(v) use the Platform and/or Service in any way that may be considered fraudulent, in bad faith, or inconsistent with other agreements you are bound by, including, without limitation, (1) posting a Reservation on the Platform which you do not own the rights thereto; (2) selling or intending to sell a Reservation to a third party following the sale of this Reservation on the Platform; or, (3) attempting to invoke the Buyer Protection program in bad faith;

(vi) create a browser or border environment around the Service Information (i.e., no frames or inline linking);

(vii). interfere with or violate any other Platform user’s right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service or Platform without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(viii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

(ix) transmit or otherwise make available in connection with this Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(x) interfere with or disrupt the operation of the Service and/or Platform or the servers or networks that host the Service and/or Platform or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(xi) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or Service Information of this Platform;

(xii) use the Service or Platform to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

(xiii) frame or mirror any part of this Platform without Roomer’s prior express written authorization;

(xiv) systematically download or store all or any of the Service Information from this Platform;

(xv) create a database storing all or any of the Service Information from this Platform;

(xvi) forward any data generated from the Service and/or Platform without the prior written consent of Roomer;

(xvii) transfer or assign your Account’s password, even temporarily, to a third party;

(xviii) use the Service and/or Platform for any illegal, immoral, or unauthorized purpose;

(xix) use the Service and/or Platform and/or Service Information for non-personal or commercial purposes without Roomer’s express prior written consent; or

(xx) infringe or violate any of the Terms.

11. Minimum Age Requirement

To use the Service, you must be at least eighteen (18) years old. We reserve the right to request proof of age at any stage so that we can verify that persons under the age of eighteen (18) are not using the Service. If it comes to our knowledge that a person under the age of eighteen (18) is using Roomer, we will prohibit and block such User from accessing the Service and/or Platform and will make all reasonable efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

12. Intellectual Property Rights

12.1. The Service, the Platform, the Service Information, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions (whether or not patentable), patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site or App, separately or collectively), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Roomer and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws, and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Roomer’s proprietary rights, including Roomer’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

12.2. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of Roomer or its licensors, including copyright mark (©) or trademark (® or ™) contained in or accompanying the Service Information included on the Platform, and you represent and warrant that you will abide by all applicable laws in this respect.

13. Trademarks and Trade Names

“Roomer,” Roomer™, Company’s marks and logo, and all other proprietary identifiers used by the Company in connection with Roomer (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on Roomer belong to their respective owners, including, without limitation, any other Property’s trademarks and trade names (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.

14. Links to Third Party Websites

The Site may contain links to third-party websites, including, without limitation, Properties’ websites (“Third Party Sites”), whether such links have been suggested by the Company or shared by any Users. You hereby acknowledge that the Company has no control over such Third Party Sites. You further acknowledge and agree that the Company is not responsible for the availability of Third Party Sites and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials available on such Third Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policies, governing the use of such sites. It is always a good idea to read such documents carefully before using those sites.

15. User-Generated Content; General App Content; Sellers Stories

15.1. Subject to the Terms, Roomer allows you to upload, post, publish, and make available your own materials such as literary works, text, images, photos, videos, strips, and any other proprietary materials, any materials describing the Reservation you wish to sell or promote on the Platform, including without limitation, any content you post on the Platform, a personal story and/or details about the Reservation and/or details why you cannot use the Reservation (the “Seller Story”, and together with all the other content (including Video Content) generated by you, the “User-Generated Content”).

15.2. User-Generated Content is subject to applicable copyright law but, as between us, shall remain, at all times and to the extent permitted by law, your sole and exclusive property.

15.3. You understand and agree that you are solely responsible for your User-Generated Content and the consequences of posting or publishing such material, on the Platform, in any way.

15.4. You represent and warrant that you are the rightful owner of the User-Generated Content you upload or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User-Generated Content, which are required to use and to enable Roomer to use the User-Generated Content you upload and that such User-Generated Content does not infringe any third party’s copyright or other rights (including privacy rights).

15.5. You agree that you will not post or upload any User-Generated Content containing content that is unlawful for you to possess, post or upload in the country in which you are resident or which it would be unlawful for Roomer to use or possess in connection with the Service.

15.6. Roomer is under no obligation to upload, store, maintain, or provide any User-Generated Content.

15.7. Roomer explicitly reserves the right to remove any User-Generated Content from the Platform and any other Roomer systems without giving any prior notice, at its sole discretion. You agree that Roomer may remove at any time any User-Generated Content you have uploaded in its sole discretion with or without any reason or notice to you. We also explicitly reserve the right to cut, crop, edit, or refuse to publish your content at our sole discretion. We have the right, at our sole and arbitrary discretion, to remove, disallow, block, or delete any posting you make on our Platform.

15.8. By using the Marketplace Service as a Seller, you further represent that you have the right to offer your Reservation for sale on the Platform and/or Marketplace Service, and such sale of a Reservation on or through the Platform and/or Marketplace Service shall not constitute any conflict, infringement or violation of any other agreement you are bound by in connection with your Reservation (e.g., Property’s terms, travel agency’s terms, etc.).

15.9. By using the Marketplace Service as a Seller, you agree to receive an email from Roomer, which we may send to you after you post your Reservation on the Platform, inviting you to share your Seller Story. The completed Seller Story may be (a) uploaded onto the relevant Property’s information page on the Site for the sole purpose of featuring your personal Seller Story behind the Reservation, and (b) (wholly or partly) used and placed by Roomer in its sole discretion (e.g., for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Roomer.

15.10. By using the Social Media Service, you acknowledge and agree that we may generate revenues, goodwill, or otherwise increase our value from your use of the Service, including but not limited to the sale of advertising, sponsorships, promotions, and usage data.

15.11. Subject to Section 5 (Creator Commissions), you will have no right whatsoever to share in any revenue, goodwill, or value described in Section 15.10, unless explicitly agreed upon by Roomer. You further acknowledge that you (a) have no right to receive any income or other consideration from Roomer (except as set forth in the Terms) from any User-Generated Content posted to the Platform or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Platform, including any User-Generated Content created by you, and (b) are prohibited from exercising any rights to monetize or obtain consideration from Roomer for any User-Generated Content on the Platform or any third-party service.

15.12. By using the Service, you acknowledge and agree that we make no representations, warranties, or guarantees, whether express or implied, that any User-Generated Content is accurate, complete, or up to date. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform, including, but not limited to User-Generated Content.

15.13. By using the Service, you acknowledge and agree that any User-Generated Content will be considered non-confidential and non-proprietary. You must not post on the Platform or transmit to us any content that you consider to be confidential or proprietary. When you submit content to the Platform, you agree and represent that you own that User-Generated Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform, to transmit it from the Platform to other third party platforms, and/or adopt any third party content.

15.14. By posting User-Generated Content on the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User-Generated Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User-Generated Content or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User-Generated Content you post to the Platform.

15.15. By uploading, posting, publishing, providing, or making available any User-Generated Content on the Platform or using such User-Generated Content, you grant Roomer an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User-Generated Content, along with your name, details, trademarks, service marks and logos, in connection with the Service and/or Platform, whether through the Internet, social media platforms, newsletters, any mobile device or otherwise, in any media formats and through any media channels known today or developed in the future.

15.16. By uploading, posting, publishing, providing, or making available any User-Generated Content on the Platform or using such User-Generated Content, you grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your User-Generated Content through the Service.

15.17. We have the right to disclose your identity to any third party claiming that any User-Generated Content posted or uploaded by you to our Services constitutes a violation of their Intellectual Property rights or of their right to privacy.

16. Content Requirements and Guidelines

16.1. All content and all parts of any content that you upload or attempt to upload must satisfy at least these requirements:

1. (a) You created the content;

2. (b) You have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such content and all parties depicted or shown in such content, which are required to use and enable Roomer to use the content you upload and that such content does not infringe any third party’s Intellectual Property or other rights (including privacy rights).

3. (c) Such Content is not confidential or proprietary.

16.2. In determining your rights to use the content of another, you may not assume a “fair use“ exception applies.

16.3. Content may not contain or depict any of the following, in whole or in part (these restrictions apply to all content, including real-world, dramatized, illustrated, or animated content):

1. (a) Real or fictional events that result in suffering, destruction, or distress, including, but not limited to, death, physical injury, mental disabilities, illness, physical abuse, sexual abuse, emotional abuse, and property damage. Notwithstanding the previous sentence, Video Content that, in Roomer’s sole and arbitrary determination, displays or discusses such events in an uplifting manner may still be eligible to produce Commissions.

2. (b) Real or fictional substance abuse or criminal behavior, including, but not limited to, substance abuse, threats, advocating for harm, trafficking, theft, vandalism, trespassing, corruption, fraud, bribery, insider trading, embezzlement, hacking, copyright infringement, and judicial proceedings.

3. (c) Real or fictional sexual subject matter, including, but not limited to, nudity, sexual activity, sexual poses, suggestive dancing, simulations of sexual activity, sex objects, suggestive language, and revealing or absent items of clothing.

4. (d) The depiction of clothed or unclothed genitals, breasts, or buttocks meant for sexual gratification.

5. (e) Pornography, the depiction of sexual acts or fetishes that are meant for sexual gratification.

6. (f) Profane or derogatory language, including, but not limited to, profanity, derogatory words, slurs, sexual words, innuendos, crude gestures, and vulgar motions.

7. (g) Real or fictional gore or bodily conditions, including, but not limited to, wounds, infections, bodily fluids, medical procedures, food processing, extreme body modification, bodily functions, ingesting substances not intended for consumption, ingesting nauseating substances, decay, and infestation.

8. (h) Debating social issues in a polarizing or inflammatory manner, including but not limited to race, gender, national origin, age, political affiliation, ethnicity, disability, sexual orientation, socioeconomic class, and religion.

9. (i) Pranks, self-harm, fighting, dangerous activities such as physical stunts, weapons or explosives, or minors using a controlled substance like alcohol or nicotine.

10. (j) Thumbnails that violate any of these restrictions.

17. Video Content Requirements

These terms apply if you post or share any User-Generated Content containing Video Content on the Platform.

17.1. Video Content must satisfy the Content Requirements and Guidelines (Section 16).

17.2. Video Content will not be eligible to produce any Commissions if in the following formats: (a) content that contains one static image and little to no motion, (b) slideshows of images or content that primarily displays static images shown in succession, (c) content that loops and displays the same segment multiple times, (d) text montages or content that primarily displays still or moving images with overlaid text, (e) content that includes advertisements for any Property or hotel reservation service that is not Roomer.

17.3. Video Content will not be eligible to produce any Commissions if it (a) contains misinformation or information that is rated false by a third-party fact checker, (b) contains medical claims that have been disproved by an expert organization, or (c) is unoriginal or reproduced without making meaningful enhancements.

18. Music Content Requirements

These terms apply if you post or share any User-Generated Content containing music or other audio content on the Platform.

18.1. Audio content, including music content, must satisfy the Content Requirements and Guidelines (Section 16).

18.2. You must have all rights in/to any music or other audio content you include in any User-Generated Content.

18.3. You are responsible for the User-Generated Content you post. Nothing in the Terms constitutes any authorization by us with respect to any use of music on the Platform.

18.4. You may not share User-Generated Content on our Platform to create a music-listening experience. Any such User-Generated Content may be blocked or deleted at our sole and absolute discretion.

18.5. If you post User-Generated Content that contains music owned by someone else, your content may be reviewed by the applicable rights owner, and your content may be blocked, muted, or removed if your use of that music is not properly authorized.

18.6. You may not be able to post or access User-Generated Content containing music in every country.

19. Advertisements

Roomer may integrate commercials, advertisements, and/or sponsored links within or beside the Service and/or Platform. By clicking the commercials, advertisements, and/or sponsored links, you may be transferred to a website of an advertiser or receive any other messages, information, or offers from the advertiser or from others. All the information contained in such commercials and advertisements belongs solely to the advertisers, and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers, and/or third parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge, and consent that no right, title, or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.

20. Availability

The Service and/or Platform’s availability and functionality depend on various factors, such as communication networks. Roomer does not warrant or guarantee that the Service and/or Platform will operate and/or be available at all times without disruption or interruption or that it will be error-free.

21. Changes to the Service and/or Platform

Roomer reserves the right to modify, correct, amend, enhance, improve, or discontinue, temporarily or permanently, the Service and/or Platform (or any part thereof) without notice at any time. In addition, you hereby acknowledge that the Service Information provided under this Platform may be changed, extended in terms of content and form, or removed at any time without any notice to you. You agree that Roomer shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, the Platform, and/or the Service Information included in this Platform.

22. Disclaimer and Warranties

ROOMER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICE AVAILABLE ON THE PLATFORM.

THE SERVICE, THE PLATFORM AND/OR SERVICE INFORMATION ARE ALL PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, USERS’ CONDUCT ON THE PLATFORM OR THE STANDARD AND QUALITY OF SERVICE OFFERED BY HOTELS OR PROPERTIES VISITED AS RESULT OF RESERVATIONS THAT WERE SOLD ON THIS PLATFORM.

NOTWITHSTANDING THE ABOVE, ROOMER MAKES NO WARRANTIES OF, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ROOMER DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY SERVICE INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY REVIEWS RELATED TO ANY PROPERTIES. THE USE OF THE SERVICE, THE PLATFORM, AND/OR THE SERVICE INFORMATION IS ENTIRELY AT YOUR OWN RISK, AND ROOMER SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

ROOMER DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE AND/OR PLATFORM ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, THE PLATFORM, AND/OR THE SERVICE INFORMATION IS ENTIRELY AT YOUR OWN RISK.

23. Limitation of Liability

IN NO EVENT SHALL ROOMER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AND AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM A STAY AT A PROPERTY FOR WHICH A RESERVATION WAS PURCHASED ON THE PLATFORM.

NOTWITHSTANDING THE ABOVE AND OTHER THAN AS SPECIFIED IN ROOMERS’ BUYER PROTECTION PROGRAM, IN NO EVENT SHALL ROOMER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE AND/OR PLATFORM, OR THE USE OR INABILITY TO USE THE SERVICE AND/OR PLATFORM, OR FAILURE OF THE SERVICE AND/OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF ROOMER TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ROOMER BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ROOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS GRANTED BY ROOMER UNDER THE BUYER PROTECTION PROGRAM, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED ACCORDING TO TERMS OF ROOMER’S BUYER PROTECTION PROGRAM AVAILABLE ON THE PLATFORM.

24. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Roomer, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service and/or Platform; (ii) your violation of any term of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any damage of any sort, whether direct, indirect, special, incidental or consequential, you or your content may cause to any third party which relates to your use of the Service and/or Platform (including your violation of any third party rights or any damages incurred on third parties arising out of any transaction made in reliance on the Service Information contained on the Platform); and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance on the Service Information contained on the Platform.

25. Amendments to the Terms

Roomer may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes to the Terms on the homepage of the Site, and/or we will send you an email regarding such changes to the email address you provided in the registration process. You can review the most current version of the Terms at any time at: https://www.roomertravel.com/terms. Your continued use of this Platform after ANY such changes will indicate your acceptance of such changes and the current version of the Terms.

26. Termination of Your Account and Platform’s Operation

26.1. At any time, Roomer may block your access to the Service and/or Platform, temporarily or permanently limit, suspend, or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Roomer under any applicable law. Such actions by Roomer may be taken if Roomer deems, in its sole discretion, that you have breached any of the Terms in any manner.

26.2. Additionally, Roomer may at any time, at its sole discretion, cease the operation of the Service and/or Platform or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Roomer does not assume any responsibility with respect to, or in connection with, the termination of the Service and/or Platform operation and loss of any data. The provisions of Sections 12 (Intellectual Property Rights), 22 (Disclaimer and Warranties), 23 (Limitation of Liability), 24 (Indemnification), and 27 (General) will survive the termination of the Service and/or Platform and/or your access to the Service and/or Platform.

27. General

27.1. The Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Platform or use of this Platform will be governed by and interpreted in accordance with the laws of the State of New York without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Platform will be brought in, and you hereby consent to the exclusive jurisdiction and venue in the competent courts of the State of New York. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under the Terms without Roomer’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Terms (including the Privacy Policy) are the entire terms and conditions between you and Roomer relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Roomer. Notices to you may be made via email or regular mail. This Platform may also provide notices of changes to the Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

27.2. Using the Service does not give you ownership of or rights to any aspect of the Service(s) or Platform, including usernames or any other content posted by others or Roomer.

27.3. Roomer is committed to maintaining compliance with all U.S. trade controls and sanctions. By utilizing this Platform, you represent that you are not listed on the Specially Designated Nationals and Blocked Persons list or any other government “restricted parties” lists and that you are not acting on behalf of any listed party.

28. Contact Us

If you have any questions (or comments) concerning the Terms, you may contact us at https://help.roomertravel.com/hc/en-us/requests/new. Roomer will make efforts to reply within a reasonable timeframe.

29. Roomer Credits

29.1. A User can, at our discretion, receive “Roomer Credits” to their account, given that they have registered and created an Account on the Platform.

29.2. Roomer Credits are non-transferable and may not be used by anyone other than the User to whom they were assigned by Roomer. Roomer Credits can be used to book Reservations only on the Platform. Roomer Credits expire one (1) year after being received in a User’s Account unless otherwise specified.

29.3. Roomer can, at its sole discretion, cancel any Roomer Credits given to a User if Roomer suspects, in its sole discretion, that a User has behaved fraudulently, has violated the Terms or for any other reason. Roomer may block the User’s account and no longer provide access to the Service.

29.4. Roomer Credits have no cash value and shall be deemed fully used once a qualifying Reservation has been made and shall not be returned, replaced, or refunded.

29.5. In the event a Buyer purchased a Reservation and/or a cancellation option using Roomer Credits and canceled the Reservation pursuant to Section 7 (Flexible Cancellations/Cancellation Option) , Roomer shall refund Buyer the proportionate amount paid by cash. In no event will used Roomer Credits be returned, refunded, or converted to cash or cash equivalent.

30. Roomer Social Media Contests/Postings

30.1. SOCIAL MEDIA PLATFORMS ARE PUBLIC. IF YOU RESPOND TO OUR BRAND’S QUESTIONS/POSTS/CONTEST OR OTHERWISE POST CONTENT ON OR VIA OUR OFFICIAL BRAND “PRESENCE” ON SOCIAL MEDIA PLATFORMS, WE MAY USE OR REPUBLISH YOUR POSTED TEXT, PHOTO, VIDEO OR OTHER MATERIALS (collectively “SOCIAL MEDIA CONTENT”) AS OUTLINED BELOW. EXAMPLES OF OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS INCLUDE BUT ARE NOT LIMITED TO THE ROOMER FACEBOOK PAGE, ROOMER PINTEREST PAGE, ROOMER TWITTER ACCOUNT, AND ROOMER INSTAGRAM PAGE.

30.2. By posting or otherwise making available any Social Media Content or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation, Facebook, Twitter, TikTok, FourSquare, Instagram, and Pinterest, collectively “Social Media Platforms”) you represent and warrant that you are at least eighteen (18) years of age and that you agree to the following terms and conditions:

30.3. You irrevocably grant Roomer and our affiliates, licensees, and assigns a royalty-free, perpetual, non-exclusive, unrestricted right, and worldwide license to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Social Media Content in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes. We will make efforts to credit you as the author/source of the Social Media Content by referring to your Social Media Platform handle or identifier. By posting, you agree that we may identify you as the author/source of the Social Media Content.

30.4. By sending us Social Media Content as yourself, you represent and warrant that the Social Media Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity, and privacy. Important Note: If any third-party content (including video, images, and audio) is included in your posted Content, you must have permission from the content owner and attribute/credit such content to the owner in your posting.

30.5. We want you to be part of the conversation. Please follow these best practices to avoid being deleted or otherwise blocked by Roomer.

• Be nice and positive! Do not post any Social Media Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or discloses personally identifiable information or private or personal matters concerning anyone, including you. Do not post any Social Media Content that you do not have the right to post/transmit (and grant us the rights above) under applicable law or any contractual or fiduciary relationship.

• You represent that all testimonials, endorsements, and/or advertisements contained in your posted Social Media Content are truthful, accurate and represent your opinion and personal experience. You agree to hold Roomer and our affiliates, agents, and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Social Media Content and/or your use of our official brand presence on Social Media Platforms.

31. Roomer Social Media Contest Prizes

31.1. The “Roomer Bucks” reward offer (the “Reward Offer”) allows a User to receive, at our sole discretion, a contest’s specified credit (the “Contest Credit”) to their Account, provided that they register an Account with Roomer on the Platform. To receive the Contest Credit, the User must participate in the applicable contest by completing at least one of the entry options. The Reward Offer is only valid on the Platform. The Reward Offer is non-transferable and may not be used by anyone other than the User.

31.2. The Reward Offer is valid per individual User. If, at any time, a User possesses more than one account for the purpose of using the Reward Offer in multiple accounts, the User will be deemed to have violated the Terms, and ALL of their Accounts may be suspended.

31.3. Roomer holds the right to amend, suspend or terminate the Reward Offer at any time. Roomer can, at its sole discretion, cancel any Contest Credits given to a User if Roomer believes the User has behaved fraudulently or for any other reason. Roomer may block the User’s Account and no longer provide access to its Service.

31.4. Contest Credits have no cash value and shall be deemed fully used once a qualifying Reservation has been made and shall not be returned or replaced.

31.5. In the event a Buyer purchased a Reservation and/or a cancellation option using Contest Credits and canceled the Reservation pursuant to Section 7 (Flexible Cancellations/Cancellation Option), Roomer shall refund Buyer the proportionate amount paid by cash. In no event will used Roomer Credits be returned, refunded, or converted to cash or cash equivalent (See Section 29 (Roomer Credits)).

32. Best Price Guarantee

32.1. If you find a reservation with a lower rate (the “Lower Rate Reservation”) on another website within 24 hours after booking with Roomer, you may file a request (the “Best Price Guarantee Request”), and we will credit or refund to you the price difference (the crediting or refunding service, “Best Price Guarantee”), all in accordance with the terms as follows:

32.2. The Best Price Guarantee is available only for exact itinerary matches. The Lower Rate Reservation shall have the exact Property (e.g., hotel), location, dates, room type, amenities, cancellation policy, etc., as the Reservation that was booked through Roomer. The comparison must be made to the same stand-alone product purchased on another website (e.g., not part of a hotel + air travel package).

32.3. For the purpose of comparison, a Lower Rate Reservation that was purchased in a currency other than U.S. Dollars shall be converted to U.S. Dollars based on the conversion rate at the time of validating the Best Price Guarantee Request.

32.4. The Lower Rate Reservation must be valid when we review the Best Price Guarantee Request.

32.5. The Lower Rate Reservation must be booked through an online website and visible to the public. The lower rate shall not come from a website where you call to get the rate or from an email you received.

32.6. The Lower Rate Reservation must be paid for in full. The Best Price Guarantee shall not apply to reservations purchased, in whole or in part, using members’ clubs, points, secret deals, corporate discounts, rewards programs, auctions, or coupons.

32.7. To qualify for the Best Price Guarantee, you should file a Best Price Guarantee Request to help@roomertravel.com, and we will try to address it within 48 hours from the time of filing. Please submit an unmodified screenshot of the Lower Rate Reservation and a valid link to the Lower Rate Reservation. Roomer will not honor any Best Price Guarantee Request without evidence that Roomer can independently confirm. If the User submits modified or fraudulent links or screenshots, that will be considered a breach of the Terms, and their Accounts may be suspended or terminated.

32.8. If your Best Price Guarantee Request is verified, you will be credited the difference in price to the credit card used to purchase the Reservation through Roomer. Roomer will not cover any fees associated with payment for the original Reservation, such as currency exchange fees and/or the Roomer Flex fee.

32.9. Roomer shall not address or verify or honor any Best Price Guarantee Request that it believes, in its sole discretion, is a result of an error or is made fraudulently or in bad faith.

32.10. Roomer reserves the right in its sole discretion to modify or discontinue the Best Price Guarantee.

33. Place Your Offer

33.1. “Place Your Offer” options will be available on certain Reservations, in which you can name the price you wish to pay for the Reservation (“Reservation Offer”). After submitting your named price, you will receive a message confirming the submission of your Reservation Offer. An email will be sent to you (usually within 30 minutes from the submission time) accepting or rejecting your Reservation Offer. Acceptance of a Reservation Offer is not guaranteed at any time and is subject to the sole discretion of the Seller. If your Reservation Offer is accepted, you will be asked to complete the purchase within 30 minutes. If you do not complete the purchase, you cannot place another Reservation Offer on the Reservation. If your Reservation Offer is rejected, you can go back to the Reservation and book through the “Book Now” option via a link that will be provided in an email sent by Roomer. Note that even if your Reservation Offer is accepted, the Reservation is still available for anyone to purchase until your purchase is completed. Roomer reserves the right to enable or disable the “Place Your Offer” option, and you may not have any claim against Roomer in this matter.

34. Give $15 Get $15 Referral Program (the “Referral Program”)

34.1. This offer is available to registered Users (each a “Referrer”) and new individuals who are not registered on the Platform and have not previously downloaded the App (each a “Referee”).

34.2. This offer cannot be used in conjunction with any other offer or promotion.

34.3. The Referrer can refer a Referee by using a referral link provided by us. Referral links may be used by the Referrer repeatedly for an unlimited number of times.

34.4. Under the terms of this offer, a Referrer may send a Referee a link offering a one-time $15 discount on their Referee’s first-time order on the Platform of $150 or more, excluding any other offers, promotion codes or discounts (“Referee Reward”).

34.5. A Referee may use the Referee Reward as a registered User or guest.

34.6. For every new Referee referred to us who becomes a registered user and purchases a hotel reservation, whichever is earlier, within 45 days of being referred, the Referrer shall receive $15 in Roomer Credits (“Referral Reward”). Roomer Credits may not be combined with any other promotional codes or discounts.

34.7. The Referrer may be entitled to multiple Referral Rewards; however, only one Referral Reward can be used per order.

34.8. The Referee and Referral Rewards cannot be refunded, redeemed, or exchanged for cash or cash equivalent.

34.9. A Referrer and Referee may only use the Referral Program in good faith for lawful purposes.

34.10. A Referrer may not:

1. (a) create more than one Account in order to invite themselves;

2. (b) invite others that have created duplicate Accounts;

3. (c) use alternative contact information to refer themselves or others that have created duplicate Accounts;

4. (d) invite members that the Referrer does not know personally or in a way that, in Roomer’s sole discretion, would constitute spam or other undesirable or unsolicited communications;

5. (e) invite an existing User;

6. (f) invite fictitious persons;

7. (g) resell, transfer, or share the Referral Reward;

8. (h) damage Roomer’s brand, goodwill, or reputation;

9. (i) use the Referral Program in any way that breaches any applicable local, national, or international law or regulation or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

10. (j) transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

11. (k) otherwise attempt to circumvent the Referral Program.

34.11. A Referee may not:

1. (a) create more than one account or duplicate accounts in order to use the Referee Reward more than once;

2. (b) damage Roomer’s brand, goodwill, or reputation;

3. (c) use the Referral Program in any way that breaches any applicable local, national, or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

4. (d) otherwise attempt to circumvent this Referral Program.

34.12. Any obligation of the Referrer and/or the Referee, whether that be an obligation to act or not to act in a certain manner, includes an obligation not to allow others to breach such obligation.

34.13. Abuse of the Referral Program’s Terms and Conditions

1. (a) Roomer has the right to refuse to apply the Referral Reward and/or the Referee Reward if, at its sole and absolute discretion, it suspects that any of the Referrer or Referee has not used the Referral Program in good faith or has breached the Terms.

2. (b) Roomer will determine, at its sole and absolute discretion, whether there has been a breach of the Terms.

3. (c) If Roomer determines that a breach of the Terms has occurred, Roomer may take any action as its deems appropriate, including but not limited to terminating the Referral Program, closing the Referrer’s account(s), closing any third party account(s) and suspending the Referral Program.