HotelsByDay Terms of Use

Effective Date: March 12, 2026
Last Updated:  February 12, 2026

Table of Contents

1. Agreement to Terms

2. Privacy & Data Protection

3. Eligibility & Account Registration

4. Service License & Restrictions

5. Booking & Payment Terms

6. Cancellations & Refunds

7. User Conduct & Content

8. Third-Party Services

9. Intellectual Property

10. Disclaimers & Limitations

11. Dispute Resolution

12. General Provisions

 

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1. Agreement to Terms {#agreement-to-terms}

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE HOTELSBYDAY APPLICATIONS OR ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Service ("Terms") govern your access and use of:

• The iOS and Android mobile applications

• The mobile web application

• The website located at www.hotelsbyday.com

• All features, content, tools, and services accessible through these platforms

(Collectively, the "Service" or "Application")

The Service is provided by HotelsByDay, LLC ("HotelsByDay," "we," "our," or "us").

Entity Use: If you use the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity's behalf, and that the entity agrees to be responsible to HotelsByDay if you violate these Terms.

Updates to Terms: We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or through a prominent notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. You may review the version history and change log on our website.

Questions? For assistance with the Service, please visit our Contact Us page.

 

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2. Privacy & Data Protection {#privacy-data-protection}

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Data Rights

Depending on your location, you may have certain rights regarding your personal data:

For EU/UK Users (GDPR):

• Right to access your personal data

• Right to rectification and erasure

• Right to data portability

• Right to object to processing

• Right to withdraw consent

For California Users (CCPA/CPRA):

• Right to know what data we collect

• Right to delete personal information

• Right to opt-out of data sales (we do not sell personal data)

• Right to non-discrimination

To Exercise Your Rights: Visit our Privacy Rights Center or email us with your request.

Cookies & Tracking

We use cookies, pixels, and similar tracking technologies to improve your experience, analyze usage, and deliver personalized content. For details, see our Cookie Policy. You may manage your cookie preferences through your browser settings or our cookie management tool.

Children's Privacy

The Service is not intended for individuals under 18 years of age (or the age of majority in your jurisdiction). We do not knowingly collect personal information from children. If we discover that we have collected information from a child, we will promptly delete it. If you believe a child has provided us with personal information, please contact us immediately.

 

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3. Eligibility & Account Registration {#eligibility-registration}

Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service, create an account, or make a booking.

Account Registration

To access certain features, you must register for an account by providing:

• Accurate, current, and complete information ("Registration Data")

• A valid email address and password

• Payment information (when making bookings)

You agree to:

1. Maintain and update your Registration Data to keep it accurate

2. Accept all risk of unauthorized access to your account

3. Notify us immediately of any unauthorized use

4. Maintain the confidentiality of your login credentials

Account Limitations

• You may create only one account per person

• Accounts are non-transferable

• We reserve the right to refuse service or terminate accounts at our discretion

Data Retention

We retain your account data in accordance with our Privacy Policy and applicable law. You may request account deletion at any time, though certain information may be retained for legal compliance purposes.

 

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4. Service License & Restrictions {#service-license}

License Grant

Subject to these Terms, HotelsByDay grants you a limited, non-exclusive, non-transferable, and revocable license to:

• Access and use the Application on devices you own or control

• Use the Service for personal, non-commercial purposes

This license includes any updates or upgrades we provide, unless accompanied by separate license terms.

Restrictions

You agree NOT to:

Technical Restrictions:

• Distribute the Application over a network for multi-device use

• Rent, lease, sell, sublicense, or redistribute the Application

• Reverse engineer, decompile, or derive source code (except as permitted by law)

• Modify, create derivative works, or hack the Application

• Remove or alter proprietary notices

Usage Restrictions:

• Use the Service for commercial purposes without authorization

• Create multiple accounts or use false identities

• Automate access through bots, scrapers, or scripts

• Interfere with or disrupt the Service's functionality

• Circumvent security measures or access controls

Violation Consequences: Violating these restrictions immediately terminates your license and may subject you to legal action and damages.

Device Compatibility

We do not guarantee that the Service will be compatible with all devices, operating systems, or third-party software. You acknowledge that technical issues may occur.

Carrier Charges

The Service requires internet connectivity and may use data, phone service, and text messaging. You are responsible for all carrier charges associated with your use.

 

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5. Booking & Payment Terms {#booking-payment}

Making a Booking

When you book a hotel room through the Service, you represent and warrant that:

1. All credit/payment information you provide is true and complete

2. You are authorized to use the payment method provided

3. You will pay the posted price, including all applicable taxes and fees

4. You will honor your booking even if circumstances prevent your stay

Pricing

• All prices are displayed in the local currency and include applicable taxes

• Prices are subject to change without notice until booking is confirmed

• We do not guarantee that our prices are the lowest available

• Additional fees may apply at the hotel (resort fees, parking, upgrades, etc.)

Payment Processing

• Payment for your stay will be processed according to the hotel's payment terms

• Some hotels require payment at check-in; others process payment at booking

• A payment authorization or hold may be placed on your card at booking

• You are responsible for any hotel incidental charges, upgrades, or additional services

Payment Security: We partner with PCI-DSS compliant payment processors to secure your payment information. We do not store complete payment card details on our servers.

Third-Party Booking Partners

We work with third-party partners (including but not limited to Expedia and individual hotel operators) to facilitate bookings. These partners operate under their own terms and privacy policies, which you should review. We are not responsible for their acts, errors, or omissions.

Overbookings

If a hotel cannot honor your reservation due to overbooking:

1. Contact us immediately through the Contact Us page

2. We will work with you and the hotel to find alternative accommodations

3. We may offer compensation or refund in accordance with our policies and applicable law

 

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6. Cancellations & Refunds {#cancellations-refunds}

Cancellation Policy

Standard Policy: Cancellations must be made at least 24 hours before your scheduled check-in time to avoid penalties.

How to Cancel:

• Through the mobile app

• Via the website

• By email to our contact page

• By phone (contact information provided in confirmation email)

Same-Day Cancellations

Cancellations made on the day of your reservation are subject to penalties at the hotel's discretion, which may include:

• Partial or full charge of the booking amount

• Retention of deposit or prepayment

• Cancellation fees

Refund Processing

• Approved refunds will be processed to your original payment method

• Refunds typically appear within 5-10 business days

• Processing time depends on your financial institution

Force Majeure & Emergency Cancellations

In the event of natural disasters, pandemics, government-ordered evacuations, or other circumstances beyond reasonable control:

• We will work with you and the hotel to provide reasonable alternatives

• Refund eligibility will be determined on a case-by-case basis

• We may offer credits for future bookings

Non-Refundable Bookings

Some promotional or discounted rates may be non-refundable. These restrictions will be clearly disclosed before you complete your booking.

 

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7. User Conduct & Content {#user-conduct}

Interactive Areas

The Service may include forums, reviews, ratings, and other interactive features ("Interactive Areas") where you can post content ("User Content").

User Content Rules

You agree NOT to post or share User Content that:

Prohibited Content:

• Is illegal, fraudulent, or violates any law

• Infringes intellectual property rights, privacy rights, or other rights

• Contains malware, viruses, or harmful code

• Includes private information (addresses, phone numbers, SSNs, credit cards)

• Is defamatory, harassing, threatening, hateful, or discriminatory

• Is sexually explicit, obscene, or inappropriate

• Constitutes spam, unsolicited advertising, or chain messages

• Impersonates any person or entity

Prohibited Conduct:

• Harassment, stalking, or intimidation of other users

• Collecting personal information about other users

• Using the Service for unauthorized commercial purposes

• Engaging in or encouraging illegal activity

• Disrupting or interfering with the Service

• Violating any rights of HotelsByDay, users, or third parties

Content Moderation

• We reserve the right (but have no obligation) to monitor, review, or remove User Content

• We take no responsibility for User Content posted by users

• Enforcement of these rules is at our sole discretion

• Failure to enforce in one instance does not waive our rights in other instances

User Content License

By posting User Content, you grant HotelsByDay a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for Service operation and promotion purposes.

Anti-Discrimination

We do not tolerate discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic. Users who engage in discriminatory conduct will have their accounts terminated.

 

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8. Third-Party Services {#third-party-services}

Third-Party Content

The Service may include content from third parties or links to external websites ("Third-Party Content"). We do not:

• Control, endorse, or adopt Third-Party Content

• Guarantee the accuracy or completeness of Third-Party Content

• Assume responsibility for Third-Party Content

Use at Your Own Risk: You access Third-Party Content at your own risk. We are not liable for any damages arising from your use of third-party services.

Hotel Suppliers & Partners

Hotels and other suppliers accessible through the Service are independent contractors, not our agents or employees. We are not responsible for:

• Their acts, errors, omissions, or negligence

• Personal injuries, property damage, or losses caused by them

• Breaches of their representations or warranties

Third-Party Terms

When you interact with third-party services (including payment processors, booking partners like Expedia, and individual hotels), you are also subject to their terms and privacy policies. We encourage you to review these documents.

Advertisements & Promotions

We may display third-party advertisements or promotional offers. Your interactions with these third parties are solely between you and them. We are not responsible for any loss or damage from such dealings.

 

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9. Intellectual Property {#intellectual-property}

Our Rights

The Service, including all content, features, design elements, and functionality, is owned by HotelsByDay and protected by:

• United States and international copyright laws

• Trademark laws

• Patent laws

• Other intellectual property rights

Trademarks

"HotelsByDay" and the HotelsByDay logo are trademarks or registered trademarks of HotelsByDay, LLC. You may not:

• Use our trademarks without prior written permission

• Use metatags or hidden text containing our trademarks

• Copy, imitate, or use our trade dress, design elements, or branding

Copyright Infringement Claims (DMCA)

If you believe material on the Service infringes your copyright, submit a notice to our Designated Agent:

DMCA Agent:
Email: [email protected]
Address: 64 Beaver Street - Box 514, New York, NY 10004

Your notice must include the information required by 17 U.S.C. § 512(c)(3):

1. Signature of the copyright owner or authorized representative

2. Identification of the copyrighted work

3. Identification of the infringing material and its location

4. Your contact information (address, phone, email)

5. A statement of good faith belief that use is not authorized

6. A statement under penalty of perjury that the information is accurate

False Claims: If you knowingly misrepresent that material is infringing, you may be liable for damages, costs, and attorneys' fees.

Repeat Infringer Policy

We may terminate accounts of users who repeatedly infringe intellectual property rights, in accordance with the DMCA and other applicable laws.

 

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10. Disclaimers & Limitations {#disclaimers-limitations}

Service Provided "As Is"

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

To the maximum extent permitted by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. HotelsByDay disclaims all warranties, including:

• Warranties of merchantability

• Warranties of fitness for a particular purpose

• Warranties of non-infringement

• Warranties that the Service will be uninterrupted, error-free, or secure

• Warranties regarding accuracy or completeness of content

We do not warrant that:

• The Service will meet your requirements

• Defects will be corrected

• The Service will be compatible with your device

• Results obtained from the Service will be accurate or reliable

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW:

HotelsByDay will NOT be liable for any:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, goodwill, or business opportunities

• Loss or corruption of data

• Business interruption or commercial losses

• Damages arising from your use or inability to use the Service

This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we were advised of the possibility of such damages.

Liability Cap

To the extent permitted by law, our total liability to you for all claims arising from or related to the Service will not exceed the greater of:

1. $100.00 USD, or

2. The amount you paid to HotelsByDay in the 12 months preceding the claim

Exceptions

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence

• Fraud or fraudulent misrepresentation

• Gross negligence or willful misconduct

• Any other liability that cannot be excluded by law

Indemnification

You agree to defend, indemnify, and hold harmless HotelsByDay and our directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

1. Your violation of these Terms

2. Your violation of any third-party rights

3. Your User Content

4. Your use of the Service

 

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11. Dispute Resolution {#dispute-resolution}

Governing Law

These Terms and your use of the Service are governed by the laws of the State of New York, without regard to conflict of law principles.

Informal Resolution

Before filing a claim, you agree to contact us through our Contact Us page to attempt to resolve the dispute informally. We will work in good faith to resolve the matter within 60 days.

Arbitration Agreement (Optional - See Opt-Out)

For U.S. Users: If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except:

• Small claims court matters (under $10,000)

• Intellectual property disputes

• Injunctive or equitable relief requests

Arbitration Rules:

• Administered by the American Arbitration Association (AAA)

• Conducted under AAA Consumer Arbitration Rules

• One arbitrator selected per AAA procedures

• Location: New York, NY (or your home location for claims under $10,000)

• Costs: We will pay AAA filing fees for claims under $75,000

Class Action Waiver: You agree to arbitrate disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative proceedings.

Opt-Out Right: You may opt out of arbitration within 30 days of accepting these Terms by emailing us with "Arbitration Opt-Out" in the subject line, your name, and account information.

Jurisdiction (For Non-Arbitrated Claims)

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of state and federal courts located in New York County, New York.

Limitation Period

Any claim arising from or relating to the Service must be filed within one (1) year after the claim arose, or it will be permanently barred.

 

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12. General Provisions {#general-provisions}

Electronic Communications

By using the Service, you consent to receive electronic communications from us, including:

• Service notifications and updates

• Booking confirmations and receipts

• Marketing and promotional messages (you may opt out)

• Legal notices

You agree that electronic communications satisfy any legal requirement for written communication.

Electronic Signatures

Your use of the Service and acceptance of these Terms constitutes your electronic signature and agreement to be bound, in accordance with the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).

Termination

By You: You may stop using the Service at any time without notice.

By Us: We may suspend or terminate your access if:

• You violate these Terms

• We discontinue the Service

• Required by law or regulatory action

• We determine it necessary to protect our interests

Effect of Termination:

• Your license to use the Service immediately ends

• You must cease all use and delete all copies of the Application

• Sections that by their nature should survive (including liability limitations, indemnification, and dispute resolution) will remain in effect

Service Modifications

We reserve the right to:

• Change, suspend, or discontinue any aspect of the Service at any time

• Impose limits on features or restrict access to parts of the Service

• Remove or disable content

We are not liable for any modification, suspension, or discontinuation of the Service.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any affiliate, successor, or purchaser of our business.

Severability

If any provision of these Terms is found unenforceable, the provision will be modified to reflect the parties' intention or severed if modification is not possible. The remaining provisions will remain in full effect.

No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision in the future.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and HotelsByDay regarding the Service.

Third-Party Rights

Only you and HotelsByDay may enforce these Terms. No third party has any rights under these Terms.

Accessibility

We are committed to making our Service accessible to all users. If you encounter accessibility barriers, please contact us through our Contact Us page.

Export Compliance

The Application may be subject to U.S. export control laws and regulations. You agree not to:

• Export or re-export the Application to embargoed countries

• Provide the Application to anyone on the U.S. Specially Designated Nationals list or Denied Persons List

• Use the Application for prohibited purposes, including development of weapons

Government Users

If you are a U.S. Government entity, the Application and documentation are "Commercial Items" as defined in 48 C.F.R. § 2.101, licensed with only the rights granted to all other users under these Terms.

 

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Contact Information

HotelsByDay, LLC

Corporate Address:
64 Beaver Street - Box 514
New York, NY 10004
United States

Customer Support:
Contact Us Page

IP/Legal Inquiries:
[email protected]

DMCA Copyright Agent:
[email protected]

 

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Last Updated: January 22, 2026
Version: 2.0

Please check this page periodically for updates. Your continued use of the Service constitutes acceptance of the current Terms.