Terms and conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BY ACCESSING OR USING THE HOTEL DONKEY APPLICATIONS. IN USING THE HOTEL DONKEY WEBSITE OR MOBILE APPLICATION, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.

These terms of service (these “Terms”) apply to your access and use of the website located at www.hoteldonkey.com and the mobile applications available on iOS, Android, and other operating systems (collectively, the “Application”) provided by HOTEL DONKEY LTD (“Hotel Donkey”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application as well as the purchase of accommodation services through the Service. The Application and these services are collectively referred to as the “Service.”

By accessing or using the Service, you agree to be bound by these Terms. If you are using 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 HOTEL DONKEY if you violate these Terms. Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service.

To access certain areas and features of the Service, you may be required to register with Hotel Donkey. If you register, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to Hotel Donkey, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Hotel Donkey.

HOTEL DONKEY is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Hotel Donkey.

You may not use the Service if you are under 18 years of age.

If you have any questions regarding the use of the Service, please email us at help@Hoteldonkey.com.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.

Device Usage Terms and Conditions

You acknowledge and agree that your use of the Service is subject to the usage rules established by your mobile device platform or service provider. You are solely responsible for complying with such rules, and Hotel Donkey is not responsible for any violation of these rules or for any losses, damages, or liabilities arising from such violation. By using the Service, you represent and warrant that you have the necessary authority to access and use the Service in accordance with these usage rules.

Registration and Eligibility

By accessing and using the Service, you acknowledge and agree to the following terms and conditions related to registration and eligibility.

Registration Data: To access certain areas and features of the Service, you may be required to register with Hotel Donkey. By registering, you agree to provide accurate, current, and complete information about yourself as prompted by any signup, login, and/or registration forms made available via the Service (the “Registration Data“). You also agree to maintain and promptly update the Registration Data, and any other information you provide to Hotel Donkey, in order to keep it accurate, current, and complete. You acknowledge and accept all risk of unauthorized access to the Registration Data and any other information you provide to Hotel Donkey.

Retention of Account Data: HOTEL DONKEY is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service.

One Account per User: You are authorized to create and use only one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Termination of Use: You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Hotel Donkey.

Eligibility: You may not use the Service if you are under 18 years of age.

Grant and Restrictions

Subject to the terms, conditions, and limitations set forth in these Terms, Hotel Donkey grants you a non-exclusive, non-transferable, and revocable license to use the Application and website (www.hoteldonkey.com) on any mobile device or computer that you own or control. The terms of the license will also govern any upgrades provided by Hotel Donkey that replace and/or supplement the original Application or website, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application or website available over a network where it could be used by multiple devices or users at the same time; (ii) rent, lease, lend, sell, redistribute, or sublicense the Application or website; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application or website, any updates or any part thereof (except as and only to the extent any of the foregoing

restrictions are prohibited by applicable law) or (iv) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Application or website.

If you violate any of the foregoing restrictions, your right to use of the Application or website will immediately cease, and you will have infringed the copyright and other rights of Hotel Donkey, which may subject you to prosecution and damages. Hotel Donkey reserves all rights not expressly granted to you in these Terms.

Consent to Collection and Use of Data, and Mobile Communications

As a condition of using the Service, you agree to allow Hotel Donkey to collect and use technical data, personal information, and related information in connection with your use of the Service, including but not limited to contact information and technical information about your device, system, and application software and peripherals. This data may be used to facilitate the features and functionality of the Service and for software updates, product support, and other services.

Additionally, you consent to Hotel Donkey communicating with you about the Service, which may include mobile communications such as text messages and push notifications.

Compatibility with Mobile Devices

Hotel Donkey cannot guarantee that the Service will be compatible or interoperable with your mobile device or any other hardware, software, or equipment installed on or used in connection with your mobile device. Therefore, you assume all risk and responsibility for ensuring that the Service functions properly with your mobile device and any other equipment or software used to access the Service.

Hotel Donkey is not responsible for any errors, malfunctions, or other issues that may arise as a result of using the Service with incompatible hardware, software, or equipment. If you encounter any compatibility issues, please contact our customer support team for assistance.

Carrier Charges

The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

Product Descriptions

Hotel Donkey attempts to be as accurate as possible. If you have reason to believe that a hotel room you have booked through the Service does not meet the claims advertised within the Service, you must contact Hotel Donkey immediately (and in any case no later than 24hrs following the check-in date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim.

Booking Rooms through the Service; Rates, Taxes, and Fees

As a customer using HOTEL DONKEY's website or mobile application to book an Accommodation, it is important to carefully review the description of the Accommodation to ensure that you and any additional guests meet any minimum age or other requirements of the Supplier. By making a reservation through our Service, you authorize HOTEL DONKEY to (i) facilitate the reservation on your behalf, including making payment arrangements with the Supplier, and (ii) charge your payment method for the total reservation price. You agree to pay all charges associated with your booking, including the nightly room price, applicable taxes and fees, and any other charges identified during checkout in the Application. Please

note that any incidentals, room upgrades, resort fees, or other fees due on-site at the hotel must be paid directly to the Supplier, along with any associated taxes.

Your payment will be processed by HOTEL DONKEY in the currency indicated in the Application during check-out for your booking. Please be aware that some banks and credit card companies may impose currency conversion fees if you are making a booking in a currency other than the currency of your credit card. Any currency exchange rates and conversion fees are determined solely by your bank. If you have any questions regarding these fees or the exchange rate applied to your booking, please contact your bank directly.

The nightly room price displayed in the Application includes the room rate set by the Supplier and a facilitation fee that HOTEL DONKEY retains as part of the compensation for our services. However, please be aware that HOTEL DONKEY makes no guarantee that the prices offered by Suppliers through our Service represent (i) the lowest price then available for the same hotel room or (ii) the published price for a hotel room on another website or publication not affiliated with HOTEL DONKEY.

Please note that HOTEL DONKEY does not issue Value Added Taxes (VAT) invoices to guests for any purchases made through our Service.

HOTEL OVERBOOKING AND CANCELLATIONS

At HOTEL DONKEY, we strive to provide you with the best possible booking experience. However, there may be times when a hotel is unable to honor your reservation. If this happens, please contact us immediately so that we can work with you and the hotel to find alternative accommodations. While we will do our best to rebook your reservation, please note that we do not guarantee that we will be able to do so. In such cases, we may, at our sole discretion, provide credits for the booking cancelled or otherwise not honored by the hotel.

Please note that unless otherwise specified during check-out for your booking or otherwise permitted by our policies or terms, reservations made on HOTEL DONKEY are non-cancellable and non-refundable. If your reservation is specified during check-out as being cancellable/refundable, you may cancel through the Service up until the time and date provided in your confirmation email. If you cancel the booking before that time, the amounts paid will be refunded to the payment method used in your HOTEL DONKEY account to make the booking. However, any promotional consideration earned on a booking that was cancelled and refunded will be removed from your account upon cancellation.

Please also note that there will be a processing fee charge of 3.5% to cover the incurred cost from the payment processor for any cancellations made. This fee will be calculated and shown to you during your cancellation process in our mobile application. We want you to have the best possible experience, so please feel free to contact us with any questions or concerns at help@hoteldonkey.com

Room Assignments and Check-In

Upon check-in at the hotel, you may be required to present a form of payment acceptable to the Supplier (such as a credit card or cash deposit) to cover additional expenses incurred during your stay. The minimum account balance or amount of available credit may vary by Supplier, and any such deposit is unrelated to any payment received by HOTEL DONKEY for your booking. Please confirm these details with the Supplier prior to your travel. You may also be required to present a passport or other valid ID, depending on the jurisdiction.

All rooms booked through HOTEL DONKEY can accommodate two guests unless otherwise specified in the hotel’s profile on the Application. You may not exceed the maximum number of allowed guests. Any extra guests are at the Supplier’s discretion and may be subject to additional fees imposed by the Supplier. Unless otherwise specified, no specific room type is guaranteed with your booking. Room assignments are based on availability and are at the Supplier’s discretion. If you have special requests (including bed types, preferences for smoking or non-smoking rooms, a specific room, floor location, pet accommodations, or wheelchair or other accessibility needs), you must contact the Supplier directly to inquire whether special requests can be met. HOTEL DONKEY has no control over which room a Supplier will assign to you and cannot guarantee special requests in advance of your booking. Contact the Supplier if you will be checking in late. If you fail to check in to your Accommodation on the date and time of your reservation, the remaining portion of your reservation with the Supplier may be cancelled, and you will not be entitled to a refund unless your booking was specified during checkout in the Application as cancellable or unless otherwise permitted by our policies or terms.

Third-Party Content

Hotel Donkey may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Hotel Donkey does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Hotel Donkey is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.

Advertisements, Promotions, and Third-Party Products and Services

Hotel Donkey may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Hotel Donkey is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Hotel Donkey advertisers or third-party information accessible via the Service.

Ownership

The Service (including, but not limited to, the Application) contains the valuable proprietary content of Hotel Donkey and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.

Hotel Donkey's Right to Modify or Remove the Service

Hotel Donkey retains the right to modify, suspend, remove, discontinue, or restrict access to the Service (including but not limited to the Application) at any time, without prior notice. Hotel Donkey will not be held liable for any resulting removal or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

Termination

If you breach any of the terms or conditions of these Terms or Hotel Donkey discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these. Terms will immediately terminate, and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Hotel Donkey. Hotel Donkey and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

Disclaimers

The use of Hotel Donkey's website and mobile applications (collectively referred to as "the platform") is subject to the terms and conditions set out below. By using the platform, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

(1) Information Accuracy: Hotel Donkey makes every effort to ensure that the information presented on the platform is accurate and up to date. However, we do not guarantee the accuracy, completeness, or reliability of the information, and we accept no liability for any errors or omissions.

(2) Third-Party Content: The platform may contain links to third-party websites or resources. Hotel Donkey has no control over, and is not responsible for, the content, accuracy, or availability of these third-party websites or resources. Links to third-party websites or resources do not imply any endorsement by Hotel Donkey.

(3) User Content: Hotel Donkey may allow users to post, upload, or otherwise submit content on the platform, including text, images, and other media. Users are solely responsible for the content they submit, and Hotel Donkey does not guarantee the accuracy, completeness, or reliability of user-generated content. Hotel Donkey reserves the right to remove or modify user-generated content at any time.

(4) Limitation of Liability: Hotel Donkey will not be liable for any damages arising from the use of the platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies even if Hotel Donkey has been advised of the possibility of such damages.

(5) Intellectual Property: The platform and its contents are protected by copyright, trademark, and other intellectual property laws. Users may not use, reproduce, modify, or distribute the platform or its contents without the express written consent of Hotel Donkey.

(6) Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

By accessing or using the platform, you agree to abide by these terms and conditions. If you do not agree to these terms and conditions, you should not use the platform. Hotel Donkey reserves the right to modify or update these terms and conditions at any time without prior notice.

LAW AND JURISDICTION

These Terms and Conditions, including any non-contractual disputes or claims arising from them, their subject matter, or their formation, will be governed by and construed in accordance with the laws of England and Wales.

You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes or claims (including non-contractual disputes or claims) that arise in connection with these Terms and Conditions, their subject matter, or their formation.

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