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    Traveler Terms and Conditions

    Please read these Terms and Conditions (the “Agreement”) carefully. Your use of the Platform (as defined below) constitutes your consent to this Agreement.

    This Agreement is between you (the traveler) and Dealray (“Company” or “we” or “us”) concerning your use of (including any access to) the platform currently located at https://www.dealray.com (together with any materials and services available therein, and successor Platform(s) thereto, the “Platform”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company. Our terms include important legal obligations and waivers INCLUDING CHOICE OF LAW AND WAIVER OF CLASS ACTION that you agree to in exchange for the use of the Platform. If you do not agree with all of the Terms and our privacy policy, you may not access the Platform or use our services.

    You acknowledge and agree that we may change these Terms from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. The newest version of our Terms will always be posted on the Platform. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. If you object to any changes, you must immediately discontinue using the Platform.

    This site is an affiliate of Xeni, Inc. Users are bound by the Terms and Conditions of Xeni, Inc.

    Changes

    We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Platform. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

    Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The “ Last Updated ” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.

    Using the Platform

    The Platform is currently made available to you for your personal, non-commercial use. When you access our Platform in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the Platform in accordance with all the terms and conditions herein. You agree to be financially responsible for all of your use of the Platform (as well as for use of your account by others). You agree that you are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Platform is true and accurate. Further you also confirm that the traveler is not an unaccompanied minor. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We have the right at all times to deny you use or access to the Platform for any reason.

    Information Submitted Through the Platform

    Your submission of information through the Platform is governed by Company’s Privacy Policy, located at https://www.dealray.com/privacy-policy (the “Privacy Policy”).You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed. Users are further bound by the privacy policy of Xeni.com

    Jurisdictional Issues

    The Platform is controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Platform may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

    Rules of Conduct

    In connection with the Platform, you must not:

    • Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    • Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
    • Use the Platform for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the Platform.
    • Use an invalid payment method or any payment method that you have not been authorized to use for making a Travel Booking.
    • Provide inaccurate or incomplete information when Reserving a Travel Booking or Reserve a Travel Booking that you have not been authorized to Reserve.
    • Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Platform.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Platform.
    • Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Company’s express prior written consent.
    • Systematically download and store Platform content.
    • Use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Platform’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

    You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.

    We do not own or otherwise control the Travel Suppliers

    Our Platform is a travel search engine designed to allow you to search and book travel. Company does not provide, own or control any of the travel services or products (“Travel Services”) that you can access on our Platform. The Travel Services are owned, controlled or made available by third parties (the “Travel Supplier”). The Travel Suppliers are responsible for the Travel Services. The Travel Supplier’s terms and privacy policies apply to your booking and travel so you must agree to and understand those terms. By booking the Travel Services and/or utilizing the services of the Travel Supplier, you agree that neither Company, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage to you or your belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Company. Company shall not be liable for any injury, damage, or loss resulting from the neglect of any Travel Supplier or other person supplying services. Company holds themselves free of responsibility for any damage(s) from any cause(s) whatsoever.

    While our Platform displays information regarding many Travel Suppliers, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the Travel Product or the Travel Supplier. Your interaction with any Travel Supplier accessed through the Platform is at your own risk.

    Booking Partners

    To provide you with the best offers, we source inventory from a variety of suppliers who are not themselves Travel Suppliers; we refer to these suppliers as “Booking Partners.” Through our relationship with our Booking Partners, we are authorized to market and/or sell the hotel inventory offered by us. Company does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate, or control, and assumes no responsibility for, any Booking Partner, any travel service or product they offer, their content, their policies, or any of their practices. Some of our Booking Partners have additional terms and conditions beyond those that you see in these Terms so you must agree to and understand those terms. Booking Partner Terms that are applicable to your booking are available upon request.

    Travel Supplier Descriptions/Amenities/Images

    While we exercise due diligence in the selection of our partners, hotel and other Travel Suppliers, profiles are based on information provided to us by the Travel Supplier. This includes images and descriptions of the properties, rooms, and services. Additionally, you should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Company does its best to maintain current and accurate information regarding these Travel Suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.

    Pricing

    Rates: The rates displayed on the Platform are a combination of the rates and fees charged by the Travel Supplier supplying your Travels.

    Commission – We charge a commission for each transaction completed via the Platform. The total price will include our commission.

    Travel Supplier’s Fees and Charges – There are other charges that the Travel Supplier may charge you, such as a resort fee, that are not included in the amounts we collect from you. You will have to pay those charges directly to the Travel Supplier. Before booking, you should check with the Travel Supplier to determine whether they charge additional fees upon your arrival.

    Taxes and Booking Partner Fees- In addition to the rate and our service fee, our Platform displays a line item for “Taxes and Fees,” which you will be charged when making your reservation. “Taxes and Fees” consists of: (i) an estimate of the taxes payable by the hotel in connection with your booking, including, but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes; and (ii) if applicable, taxes payable by our Booking Partner in connection with your booking; and (iii) service fees retained by our Booking Partner and our service fee.

    We do not collect taxes for remittance to applicable taxing authorities. The hotel is responsible for remitting applicable taxes. In certain jurisdictions, our Booking Partner may also be responsible for remitting taxes related to your booking. Neither us nor any of our Booking Partners act as a co-vendor with each other or with any hotel.

    Taxability and the applicable tax rate vary based on several factors, including, but not limited to, the location of the hotel and the room rate paid to the hotel by our Booking Partner. The amount paid to the hotel for taxes in connection with your booking may vary from the estimated amount charged to you, depending upon the rates, taxability, and any other metric in effect at the time of your actual stay. If the amount paid to the hotel is less than the estimate, the balance of the charge for “Taxes and Fees” is retained by us and/or our Booking Partner as part of our and/or their compensation for facilitating and servicing your booking.

    “Taxes and Fees” does not include other charges, like hotel resort fees, hotel energy surcharges, parking fees, pet fees, and incidental charges (such as room service, mini-bar, gratuities). Unless otherwise indicated, these amounts will be collected from you directly by the hotel.

    THE FINAL TOTAL PRICE DISPLAYED AT CHECK-OUT OR QUOTED BY AN AGENT IS THE AMOUNT YOU WILL BE CHARGED, SO PLEASE REVIEW THE FINAL TOTAL PRICE CAREFULLY.

    While we thoroughly review the pricing information on the Platform, changes do occur, and errors are occasionally made. WE RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM AND FOR PENDING RESERVATIONS. IF YOUR PENDING RESERVATION CONTAINS A PRICING ERROR YOU WILL BE NOTIFIED AND PROVIDED THE CHOICE TO EITHER ACCEPT THE CORRECTED PRICE OR CANCEL WITHOUT PENALTY.

    Company quotes prices in US currency, based on the exchange rates for the respective foreign currency. Exchange rates are subject to fluctuation. Your exchange rate is only fixed when full payment is made. Additionally, your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

    Some Travel Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Company for your booking.

    Cancellation and/or Modification

    You may cancel or change your booking, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Travel Supplier. If you do not cancel or change your reservation before the cancellation policy period applicable to the Travel Supplier, you will be subject to cancellation charges as outlined by that Travel Supplier in their terms and conditions. In the event of a hotel reservation for which you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

    You agree to pay any cancellation or change fees that you incur. In limited cases, some Travel Supplier do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Travel Supplier. You agree to abide by the Terms of Use imposed with respect to your booking. Our service fee is non-refundable in the case of cancellation or changes.

    Because we have no control over the Travel Bookings, and because we do not verify the Travel Booking Content, it is not possible for us to guarantee the prices displayed on the Platform. Prices for Travel Bookings change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes, and fees) may apply, as determined in the sole discretion of Travel Suppliers. Travel Booking prices displayed on the Platform at checkout include any applicable commissions for travel agents or managers, as well as our commission.

    If you have any issues or disputes with respect to a Travel Booking, you agree to address and resolve these with the Travel Supplier and not with us. We have no control over Travel Supplier or any Travel Supplier Policies. If the Travel Supplier allows for refunds or credits, we will refund the credit card used for the Travel Booking or provide you with a credit for future Travel Bookings through the Platform as permitted under the applicable Travel Supplier Policies. Alternatively, the Travel Supplier may provide you with a credit toward future bookings directly with such Travel Supplier.

    Force Majeure

    Company shall not be liable at any time, in any way, for loss, injury or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any Travel, hotel closures, or any other cause beyond its control. In such cases, Company will not be responsible for any refund. Any refund you may be entitled to will be from the Travel Supplier. Travel Suppliers may choose to offer credits in lieu of a refund. We are not responsible for a Travel Supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

    Travel Protection Coverage

    Company strongly encourages you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that you purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which travel protection plan coverage would otherwise have been available.

    Credit Card Chargebacks

    In certain cases, you have the ability to dispute charges with credit card companies (“chargebacks“). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation with a Travel Supplier, you accept and agree to the relevant cancellation policy of that Travel Supplier. Please note that certain rates or special offers are not eligible for cancellation or change.

    Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation in the event of a chargeback related to that reservation. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

    • Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
    • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
    • Chargebacks arising from inconsistency or inaccuracy with regard to the Travel Supplier’s product description.
    • Chargebacks resulting from force majeure or other circumstances that are beyond the control of Company of the Travel Supplier.
    • Chargebacks resulting because you do not agree with the cancellation policy of the Travel Supplier.

    Destination and Travel Requirements

    Travel to certain destinations may involve greater risk than others. Company urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Company will not be liable for damages or losses that result from travel to such destinations.

    It is your responsibility to ensure that you meet foreign entry requirements and have obtained any necessary visas for your international travel, and that your passport will be accepted. You may be required to obtain a visa to transit a country, even if that country is not your final destination. We have no special knowledge regarding foreign entry requirements or travel documents. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations. We are not liable if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. Travel to certain destinations may involve greater risk than others. We urge Users to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations.

    DISCLAIMER OF WARRANTIES

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW : (A) THE PLATFORM AND ANY TRAVEL BOOKINGS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “ASIS ,” “WHERE IS ” AND “WHERE AVAILABLE ” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND , WHETHER EXPRESS , IMPLIED OR STATUTORY; (B) WE DO NOT WARRANT THAT ANY INFORMATION OR CONTENT AVAILABLE ON THE PLATFORM , INCLUDING , PRICING OR OTHER T RAVEL BOOKING CONTENT , IS CORRECT , ACCURATE OR RELIABLE AND (C) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY TRAVEL BOOKINGS AND THIRD PARTY MATERIALS , INCLUDING THE WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE , NON – INFRINGEMENT AND TITLE . ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS A GREEMENT ) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS , DIRECTORS , OFFICERS , EMPLOYEES , AFFILIATES , AGENTS , REPRESENTATIVES , LICENSORS , SUPPLIERS AND SERVICE PROVIDERS ( COLLECTIVELY , THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

    While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at help@dealray.com with a description of such alteration and its location on the Platform.

    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT ( INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA , LOSS OF OTHER INTANGIBLES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (II) ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY TRAVEL BOOKING OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH (III) THE TRAVEL SERVICES RENDERED AND PRODUCTS OFFERED BY THE TRAVEL SUPPLIER; (IV) ANY INACCURACIES RELATING TO THE THIRD PARTY MATERIALS (INCLUDING TRAVEL BOOKING CONTENT), (V) TRAVEL TO ANY DESTINATIONS; OR (VI) ANY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE), LOSSES, OR COSTS INCURRED OR PAID BY YOU DUE TO ANY ACTS OR OMISSIONS BY OR ATTRIBUTABLE (WHOLLY OR PARTLY) TO TRAVEL SUPPLIERS (INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS); (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR RESERVATION OF TRAVEL BOOKINGS OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORM; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE PLATFORM, OR (II) FIFTY DOLLARS ($50.00). A LL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS A GREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

    Indemnity

    To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including all Travel Bookings); and (b) any violation or alleged violation of this Agreement by you.

    Links to Third Party Platforms

    Certain Platform functionality may make available access to information, products, services and other materials made available by third parties, including Travel Booking Content (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

    We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

    YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

    Proprietary Rights

    The Platform is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

    Promotions

    Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules, including any applicable Travel Supplier Policies, as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

    Registration: User Names and Passwords

    You may need to register to use all or part of the Platform. In order to make a Travel Booking through the Platform, you must establish an account with us. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Platform account.

    Account Termination

    We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Platform, with or without notice, for any reason or no reason.

    Reporting Claims of Copyright Infringement

    If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

    • A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the Platform;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Our Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows: help@dealray.com

    We reserve the right in appropriate circumstances to remove content on the Platform alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

    Complaints

    If you have a question or complaint regarding the Platform, please send an e-mail to help@dealray.com. You may also contact us by writing to 157 Columbus Ave, New York, New York , United States, 10023. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

    Governing Law/Dispute Resolution/Arbitration

    The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://www.adr.org/Rules. Any in-person appearances will be held in New York County in the State of New York. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof and any federal or state court located in New York County in the State of New York, shall have such jurisdiction.

    Validity

    If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.

    No Waiver

    No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of the Terms shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

    General

    Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

    SMS Terms And Conditions

    • Dealray, also known as “Dealray, LLC. offers the following services over messages
      • A transactional SMS for your account related notifications.
      • A marketing campaign to share deals related to hotels, cars, and activities.
    • When opted-in, you will receive text messages to your mobile number. The text messages will be related to Dealray promotional/transactional.
    • You can opt-out of this service at any time. Just text “STOP” to the phone number 12013669989. After you text “STOP” to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text “START” to 12013669989 and we will start sending SMS messages to you again.
    • If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us by sending email on help@dealray.com
    • Carriers are not liable for delayed or undelivered messages.
    • Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies.
    • If you have any questions about your text plan or data plan, please contact your wireless provider.
    • If you have any questions regarding privacy, please read our privacy policy https://www.dealray.com/privacy-policy.

    Last Revision Date: Mar 1, 2024