Last Revised: August 2016
Roomer Travel Ltd., and its subsidiary Roomer Travel, Inc. and affiliates (“Roomer", "we", "our", or the "Company") welcome you (“User", "You") to our online marketplace where Users can buy and sell unused and non-refundable hotel reservations, allowing the sellers to avoid burdensome and exaggerated cancellation fees and allowing the buyers to enjoy incredibly low prices for exclusive hotel reservations (the "Service"), all as can be found on our website at www.roomertravel.com (the “Site”).
The Service allows sellers (“Seller/s”) in possession of hotel reservations with cancellation fees or otherwise non-refundable hotel reservations (“Reservation/s”) to avoid paying unnecessary cancellation fees by selling said reservations to buyers (“Buyer/s”) who wish to book relevant hotel rooms. Booking hotel reservation on the Service is conducted in a secure and reliable environment hosted on our Site and supported by our proprietary technology insuring payments are secure and accurate and that reservations are valid and transferred to the Buyers correctly. In addition, Buyers and Sellers may also post reviews and comments (“Review/s”) related to hotels and other travel matters in general on the Service.
We make no warranties as to the quality of service provided by any hotels visited as result of Reservations that were sold on this Site, nor we are responsible or liable for any damages or costs incurred to a User as a result, or in connection with, a Reservation purchased through the Service, other than expenses arising from the Buyer's inability to use a Reservation (for more information, please review our Buyer Protection Program. Please note, all prices may be displayed in various currencies, but the charge and invoice will be in US Dollar only.
In order to sell a Reservation, simply fill out the online form available on our Site at: https://www.roomertravel.com/sell with Your Reservation details, your selling price for such Reservation and the name of the guest who will check-in the hotel (the “Guest”). Once we validate the Reservation with the respective hotel, we will post your Reservation on the Site for sale. Once a Buyer opts to purchase Your Reservation and pays for the Reservation, We will transfer the Reservation to the Guest's name and send the Buyer a confirmation of such transfer by email. You hereby authorize Us to contact the applicable hotel and/or room provider on Your behalf to add the name or change the Reservation to the name of the Buyer or the new guest.
In consideration for providing the Service, Roomer may collect Service fees from Sellers (“Service Fees”). Service Fees are based upon a percentage of the amount the Seller is to receive for his sale of the Reservation to the Buyer on the Service. Where applicable, Taxes or other money transfer fees may also be deducted from the final sum paid to Seller.
Payment owed to Sellers for Reservations sold through the Service is held in trust by Roomer until 10 days after the buyer checks-out, to insure that Reservations are not sold to more than one person. When Sellers become eligible for payment, they will have the option of choosing a preferred method of payment from either Pay-Pal or wire transfer.
Buyers may purchase Reservations on the Service using a valid credit card. Roomer will charge the amount to your credit card immediatly. Once a Buyer pays for the Reservation, We will transfer the Reservation on the new Guest’s name and send Buyer a confirmation of such transfer by email. By using the Service, the Buyer provides his consent to Roomer to share the Buyer’s and/or Guest’s personal information with Reservations providers and/or hotels in order to change the Reservation to the name of the Guest.
In addition, we will hold the sums paid by the Buyer within an escrow, until 10 days after the buyer checks-out, in order to insure Reservations are not sold to additional persons after the sale.
Special requests or changes asked by a Buyer, requiring additional payment are subject to the terms herein. In Case we are unable to fulfil 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 fulfil that special request.
We take great measures to insure 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 insure your peace of mind when purchasing a Reservation from a stranger through the Service and not directly from a hotel or travels agency, note that in the event that a Reservation you placed online is not honored by the hotel, you are entitled to certain compensation and remedies, as detailed in our "Buyer Protection Program" at https://www.roomertravel.com/buyer-protection
Reservations booked on Roomer are non-refundable. Roomer may offer You Flexible Cancelation ("Life Happens”) when You are booking the Reservation or thereafter (post sale). If You have not purchased Life Happens together with the Reservation, Roomer may send you an email to the address you provided when opening a Profile with Roomer, offering You to purchase Life Happens post sale. Life Happens allows Buyers to cancel their reservation up to 24 hours before scheduled check in date. Life Happens enables the Buyer to receive a flexible refund of the reservation price paid (excluding the Life Happens fee). The service applies only to a Buyer who purchases the Life Happens, PROVIDED HOWEVER THAT (I) BUYER WHO DID NOT PURCHASE LIFE HAPPENS SHALL NOT BE ABLE TO USE THE SERVICE AND/OR GET A REFUND WHEN CANCELING ITS RESERVATION; AND (II) BUYER WHO BOOKS A RESERVATION WITHIN 24 HOURS BEFORE THE CHECK IN DATE SHALL NOT BE GIVEN THE OPTION TO PURCHASE LIFE HAPPENS.
Buyer may activate life Happens up to 24 hours before check in date and the credit card used to book the Reservation and/or purchase Life Happens shall be refunded according to the terms herein. If Buyer cancels less than 24 hours before check in date, the Reservation shall not be refundable.
The refund will be paid by Roomer 14 days from the time a Buyer activates the Life Happens by clicking the cancellation button on the "My Booking page".
In the event Buyer used Roomer Credits to book the Reservation, Roomer shall refund the proportionate payment out of the cash paid and Roomer Credits shall not be returned.
Once activating the Life Happens, the reservation will immediately become Roomer’s property and Roomer may use this Reservation in its sole discretion.
In order to prevent any fraudulent activity with respect to the purchase and sale of Reservations and/or the Service, Buyer and/or Seller that will misuse the protection, shall not be refunded and the fee paid to purchase the Life Happens shall not be returned.
The cancellation policy may be amended by Roomer in its sole discretion.
Applicable taxes will be retained and remitted.
Seller who wishes to use the Service must register on the Site and create a personal profile ("Profile") which will contain basic personal details. Buyers may buy Reservations anonymously (without becoming a registered User), however it is suggested for Buyers to register to the service as well in order to facilitate future purchases. Registration can be done either by completing the online form athttps://www.roomertravel.com/users/sign_up, or by using your Facebook account. When registering via Facebook, you permit Roomer to obtain certain personal information related to you from Facebook.
If you wish to either change your user name or password to log-in to your Profile, or cancel and remove your Profile from the Site, you may do so by using this option on the Site or contact Roomer at: https://www.roomertravel.com/support/contact with such specific request. Your Profile will be terminated within reasonable time following your request, and from that date of termination you will no longer be able to access your Profile.
Roomer charges a service fee based upon a percentage of applicable reservation fees (“Service Fees”). The Service Fees charged by Roomer equal to 15% (fifteen percent) of the reservation fees. Company 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 Site in connection with such features. Company reserves the right to change its 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. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Roomer authorizes Users to use the Service and to print out information related to them, including Reservation information (the "Content"). Any copies you make of any Content are subject to the following restrictions: (i) You may not remove or disassociate from the Content 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 Content for any purpose not expressly permitted by these Terms.
There are certain conducts which are strictly prohibited when using the Service and/or Site. 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 Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, in any way or publicly display, perform, or distribute them other than as permitted in these Terms; (ii) make any use of the Content on any other website or networked computer environment for any purpose other than as permitted in these Terms, or replicate or copy the Content without Roomer’s prior written consent; (iii) use the Site and/or Service in any way that may be considered as fraudulent, bad faith or inconsistent with other agreements you are bound by, including without limitation by 1) posting a Reservation on the Site which you do not own the rights thereto or you have sold it to another third party or intend to sell it to a third party following the sale of this Reservation on the Site; 2) buying Reservations on other websites for sole purpose of reselling such Reservations on the Site; or, 3) attempting to invoke the Buyer Protection program in bad faith; (iv) create a browser or border environment around the Content (no frames or inline linking); (v) interfere with or violate any other Site user's right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service and/or Site 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; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vii) transmit or otherwise make available in connection with this Site 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; (viii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (ix) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or Content of this Site; (x) frame or mirror any part of this Site without Roomer's prior express written authorization; (xi) create a database by systematically downloading and storing all or any of the Content from this Site; (xii) forward any data generated from the Service and/or Site without the prior written consent of Roomer; (xiii) transfer or assign your Profile's password, even temporarily, to a third party; (xiv) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xv) use the Service and/or Site and/or Content for non-personal or commercial purposes without Roomer's express prior written consent; or (xvi) infringe or violate any of the Terms
The Service, The Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Site), 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.
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 Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.
"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 which may appear on Roomer belong to their respective owners, including, without limitation, any other hotels' 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 no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
14.1. Roomer allows you to upload, post, publish and make available your own copyrightable materials such as literary works, text, images, photos, videos, strips and any other proprietary materials, any materials describing the Reservation you wish to sell on the Site, including without limitation, 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 generated by you, the "User Generated Content").
14.2. By using the Service, you agree to receive an email from Roomer, which we may send to you promptly after you post your Reservation on the Site, 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 website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Roomer. If you do not wish to share your Seller Story, you hereby permit Roomer, in its sole discretion, to use and place generic, not user specific information to describe the Reservation and/or the story related thereto, such as that you purchased a non refundable room and cannot use it or get your money back.
14.3. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property.
14.4. 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 Site, in any way.
14.5. 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. Without derogating from the above, you further represent that you have the right to offer your Reservation for sale on the Site and/or Service and such sale of reservation on or through the Site/Service shall not constitute any conflict, infringement or violation of any other agreement you are bound by in connection with your Reservation (e.g. Hotel's terms, Travel Agency's terms, etc.).
14.5. You agree that you will not post or upload any User Generated Content containing content which 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. Roomer explicitly reserves the right to remove the User Generated Content without giving any prior notice, at its sole discretion.
14.7. When you upload, post, publish or make available any User Generated Content on the Site or use such User Generated Content, you grant Roomer an irrevocable, perpetual, non-exclusive, royalty-free, 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, trade-marks, service-marks and logos, in connection with the Service and/or Site, whether through the Internet, social media platforms, newsletters, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
14.8. 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.
Roomer may integrate commercials, advertisements and/or sponsored links, whether within or beside the Service and/or Site. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and 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.
The Service and/or Site's availability and functionality depend on various factors, such as communication networks. Roomer does not warrant or guarantee that the Service and/or Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Roomer reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the Service and/or Site (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site 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 Site and/or the Content included in this Site.
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 SITE.
THE SERVICE, THE SITE AND/OR CONTENT 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 SITE OR THE STANDARD AND QUALITY OF SERVICE OFFERED BY HOTELS VISITED AS RESULT OF RESERVATIONS THAT WERE SOLD ON THIS SITE.
NOTWITHSTANDING THE ABOVE, ROOMER MAKES NO WARRANTIES 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 CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REVIEWS RELATED TO ANY HOTELS. THE USE OF THE SERVICE, THE SITE AND/OR THE CONTENT ARE 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 SITE 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 SITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.
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 SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM A STAY AT A HOTEL FOR WHICH A RESERVATION WAS PURHCASED ON THE SITE.
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 SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL 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 SITE, OR THE USE OR INABILITY TO USE THE SERVICE AND/OR SITE, 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 SITE.
You agree to defend, indemnify and hold harmless Roomer 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 Site; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service and/or Site (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 Content contained on the Site); and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance on the Content contained on the Site.
Roomer may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that 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 Site after ANY such changes will indicate your acceptance of such changes.
At any time, Roomer may block your access to the Service and/or Site, temporarily or permanently limit, suspend or terminate your Profile, 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 that you have breached any of these Terms in any manner.
Additionally, Roomer may at any time, at its sole discretion, cease the operation of the Service and/or Site 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 Site operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.
These 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 Site or use of this Site 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 Site 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 these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these 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 these Terms without Roomer's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be 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. These Terms are the entire terms and conditions between you and Roomer relating to the subject matter herein and supersedes 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 Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
www.roomertravel.com is not responsible for any inaccuracies in the photos.
If you have any questions (or comments) concerning the Terms, you are most welcomed to contact us athttps://www.roomertravel.com/support/contact or simply call us at: +1(415)376-1455. Roomer will make an effort to reply within a reasonable timeframe
A User can receive Roomer credits ( “Credits”) to his/her account, given that he/she log in or sign up to Roomer at roomertravel.com.
The Credits are non-transferable; may not be used by anyone other than the User. Credits can be used to book Reservations only on Roomertravel.com The User may apply Credits to any Roomer purchase of at least $100 in a single transaction, provided that the User pays at least $20 in cash via credit card. Credits have one (1) year expiration, unless otherwise specified.
Roomer can, at its sole discretion cancel the Credits given to a User due to a suspicious of fraud or any other reason. Roomer may block the account and no longer provide any of its services.
Credits has no cash value and shall be deemed fully used once a qualifying reservation has been made and shall not be returned or replaced.
In the event a Buyer purchased the Cancellation Option using Credits and canceled the reservation, Roomer shall refund Buyer the proportionate amount paid by cash. In no event Credits used shall be returned, refunded or converted to cash or cash equivilent.
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 "CONTENT") AS OUTLINED BELOW. EXAMPLES OF OUR OFFICIAL BRAND PRESENCE ON SOCIAL MEDIA PLATFORMS INCLUDE BUT ARE NOT LIMITED TO ROOMER FACEBOOK PAGE, ROOMER PINTEREST PAGE, ROOMER TWITTER ACCOUNT AND ROOMER INSTAGRAM PAGE.
By posting or otherwise making available any 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, FourSquare, Instagram, and Pinterest, collectively "Social Media Platforms") you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
You irrevocably grant Roomer and our affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes.
We want you to be part of our "community" and love the fact that you want to be associated with our brand. We will make every effort to give you a "shout-out" and credit you as the author/source of the 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 Content.)
By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. In regular terms, this means you are only posting your own photos, texts and content. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner.
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! Don't post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person. Don't post any Content that you don't have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship.
• You represent that all testimonials, endorsements and/or advertisements contained in your posted 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 Content and/or your use of our official brand presence on Social Media Platforms.
In no event will we be liable hereunder for extraordinary, consequential, indirect or punitive damages, including lost profits.
Roomer Social Media Contest Prizes
The Roomer Bucks reward offer (the “Offer”) allows a user (the “User”) to receive a contest's specified credit (the “Credit”) to his/her account, provided that he/she log in or sign up to an account with Roomer at roomertravel.com. In order to receive the Credit, User must participate in the applicable contest by completing at least one of the entry options and up to as many as are available. The Offer is valid on roomertravel.com only. The Offer is non-transferable; may not be used by anyone other than the User. The User may apply credits to any Roomer purchase of at least $100 in a single transaction excluding any credits. The Offer is valid per individual User: if a User creates different accounts for the purpose of using the Offer, He or She will be deemed an abuser and ALL of their accounts will be suspended.
Roomer holds the right to amend, suspend or terminate the Offer at any time.
Roomer can, at its sole discretion, cancel the Credit given to a User due to a suspicion of fraud or any other reason. Roomer may block the account and no longer provide any of its services to such User.
Credit has no cash or refund value
In the event that you find a reservation with a lower rate (the "Lower Rate Reservation") on another website within 24 hours of booking with Roomer, you may file a request (the "Best Price Guarantee Request") and we will credit or refund to you the difference in price, all in accordance with the terms as follows:
1. The Best Price Guarantee is available only for exact itinerary matches. The Lower Rate Reservation shall have the exact hotel, location, dates, room type, amenities, cancellation policy, etc. as the Reservation booked through Roomer. The comparison must be made to the same stand-alone product purchased on another website (i.e., not part of hotel + air travel package).
2. For the purpose of comparison, Lower Rate Reservation that was purchased in a currency other than USD, shall be converted to USD based on the conversion rate at the time of validating the Best Price Guarantee Request.
3. The Lower Rate Reservation must be valid once the Best Price Guarantee Request has been filed.
4. 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 that you received.
5. The Lower Rate Reservation must be paid for in full. The best Price Guarantee shall not apply to Reservations purchased by using members club, points, secret deals, corporate discounts, rewards programs, auction, coupons, etc.
6. Lower Rate Reservation that was paid for in other currency than USD
7. To qualify for the Best Price Guarantee, you should file a Best Price Guarantee Request to email@example.com and we will address it in 48 hours from the time of filing. Please make sure to submit a screen shot of the Lower Rate Reservation, as well as a valid link to the Lower Rate Reservation. Best Price Guarantee Request that will lack evidence that can be independently confirmed by Roomer will not be addressed.
8. In the event your Best Price Guarantee Request in 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 Life Happens fee.
9. Roomer shall not address and/or verify 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.
10. Roomer reserves the right in its sole discretion to modify or discontinue the Best Price Guarantee.