Terms and Conditions
These are the terms and conditions that govern all bookings made through our booking services, whether through our websites, mobile websites, mobile applications or our booking engine.
All references to “We”, “Us” or “Our” in these terms refer to Daytourz.com Limited, the operator of Daytourz.com. Your use of Daytourz.com, and any bookings you make via Daytourz.com are subject to these terms and conditions (the “Terms”).
You agree to use Daytourz.com in accordance with and subject to these Terms. If you do not accept these Terms, please do not use Daytourz.com and do not make a booking via the Daytourz website.
For more information about Daytourz.com, please see the About Us section of the Daytourz.com website here. If you would like to contact us in relation to your use of Daytourz.com, or in connection with a booking of travel services, please email us at firstname.lastname@example.org.
1.1 We facilitate the processing and booking of accommodation and other travel services (the “travel services“). We do not provide, own or run any travel services ourselves and in particular we do not provide, own or run any accommodation.
1.2 You confirm that you are of sufficient age to use Daytourz.com lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the Daytourz website. You understand that you are financially responsible for all uses of the Daytourz.com Site by you and those using your log-in information.
1.3 When you make a booking using Daytourz.com, you agree to enter into a contract for travel services and your contract for travel services (including accommodation) is with the travel services provider, not Daytourz.com, as we are only acting as agent for the travel services provider. It is the travel services provider’s responsibility to provide you with the travel services. We are not responsible for the fulfillment of any booking made through Daytourz.com or for the quality of any accommodation or any other travel services that are booked.
2. Making and Cancelling a Booking
2.1 On making a booking, you will be required to pay a non-refundable deposit (being a part payment towards the total value of your booking) which will always be non-refundable unless the Standard Flexible Booking option is available and you choose to select it, in which case the deposit will be credited back to your account if you cancel your booking in certain circumstances (see below for more details). We collect this deposit for and on behalf of the relevant travel services provider.
You may also be required to pay a flat booking fee, which is our fee for making the booking. Where we charge a booking fee, it is non-refundable in all circumstances.
You will be responsible to the travel services provider on arrival for payment of the balance of the cost of the booking made by you, together with any other payments for any additional services subsequently agreed with the travel services provider and, where applicable, payment of the travel services provider’s service charges and taxes, pursuant to the terms and conditions of trade applied by such travel services provider.
2.2 You must use a credit card or debit card to guarantee a booking. By making a booking with your credit card or debit card, you agree to accept the relevant cancellation and no-show policy of the travel services provider as set out in its terms and conditions. In the event that you cancel your booking outside the permitted timeframe specified in the travel service providers terms and conditions (or you fail to arrive by your agreed check-in time), you authorise the travel services provider to charge to your credit card or debit card without further reference to you an amount not exceeding the charge for one night’s stay (in the case of accommodation) or such other amount as may be set out in the travel service provider’s terms and conditions.
2.3 Your non-arrival by the agreed check-in time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the travel services provider directly (but no refund of all or any part of the deposit will be made). In making a booking, it shall be your responsibility to disclose to the travel services provider any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.
2.4 When a booking is confirmed we will issue the booking confirmation on behalf of the travel services provider for each booking, but will not provide information about any charges for additional services. We will endeavour to ensure that the booking confirmation includes details of all taxes charged by the travel services provider, in relation to which please see clause 9.9 below. We strongly recommend you check and confirm with the travel services provider the precise terms and conditions upon which the travel services provider makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.
2.5 You may cancel your booking in accordance with the cancellation policy of the provider as disclosed on the booking confirmation and detailed property description page; this is normally at least 24 hours before your agreed check-in date. Please cancel by accessing the cancellation function available on Daytourz.com.
(a) Your deposit will only be credited back where:
(i) you have given the amount of notice for your cancellation that is required by the travel services provider in its Terms and Conditions and, in any event, you have given no less than 24 hours’ notice prior to the scheduled check-in date;
(ii) you have processed your cancellation online through the cancellation function available on Daytourz.com.
(iii) you have cancelled your full booking (partial cancellations, such as cancellations of 1 night of a 2-night stay, are not protected by cancellation protection).
(b) In the event of a no-show without cancellation (or where insufficient notice is given of a cancellation in accordance with these and/or the travel services provider’s terms and conditions) all deposits, including deposits paid through the Standard Flexible Booking option, will be non-refundable and the travel services provider will have the right to charge your credit card on the basis set out in clause 2.2. (above).
2.10 The deposit and the booking fee that you pay will be payable in the currency that you select as your “settlement currency” when making your booking. Where the accommodation price was uploaded by the travel services provider in a different currency, the deposit amount that you will be charged in your settlement currency will be calculated by converting the deposit price into your settlement currency using Daytourz.com standard exchange rates.
3. Liability and Disclaimers
3.1 In the event of a problem arising with your accommodation or other travel services, you should contact the travel services provider. If you have a problem with the booking that you have made via Daytourz.com please contact us directly via info@Daytourz.com.
3.2 We are acting solely as agent on behalf of the travel service provider and, as such, we are not a party to the contract between you and the travel services provider for the provision of travel services (including accommodation) and we have no responsibility or liability to you in respect of the terms of that contract. For example, we are not responsible for:
(a) the accuracy or completeness of the descriptions of accommodation and other travel services (including rates, availability and ratings) that are displayed on the Daytourz.com, or the quality or fitness for purpose of the accommodation and other travel services that are or may be booked through Daytourz.com;
(b) the fulfilment of a booking made through Daytourz.com, including any acts or omissions of travel services providers, any cancellation of a booking by a travel services provider for any reason whatsoever or any failure to provide all or any part of the booked service by that provider; or
(c) any error or failure in the making or recording of a booking which is due to any circumstances that are outside our control (such as a power failure).
3.3 Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through Daytourz.com, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.
3.4 Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the booking fee that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the travel services provider’s terms and conditions and that they are acceptable to you.
3.5 We have not visited all the accommodation listed on Daytourz.com and we do not carry out routine checks of the accommodation. The listing of any travel services (including accommodation) on Daytourz.com is not and should not be taken as a specific recommendation from us or a representation that the travel services will be suitable for your purpose or that the travel services will be of any particular quality.
3.6 Save as otherwise set out in these Terms, and to the greatest extent permitted by applicable law, all representations, warranties and conditions, including those implied by statute or otherwise, are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, facilities, information and/or materials on Daytourz.com, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose. Daytourz.com are provided strictly on an “as is” basis and, in particular, we do not warrant that the information published on Daytourz.com will be error-free or that Daytourz.com will be virus or bug-free.
3.7 Nothing in these Terms shall operate to exclude or limit liability arising out of: (i) fraud or fraudulent misrepresentation, or (ii) death or personal injury.
4. Credit and Debit Card Security
4.1 We make reasonable efforts to ensure that all credit card and debit card transactions carried out via the Daytourz.com are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on Daytourz.com at any time during or after you make your booking, conduct your transaction or disclose your card details on Daytourz.com, Daytourz.com shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.
5. Intellectual Property Rights and Web-links
5.1 The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (“Materials“) contained in Daytourz.com are protected by copyright, trademarks, database rights, and any other intellectual property rights. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. We grant you a limited, revocable, non-transferable, non-sublicenseable, license to use Daytourz.com for your personal non-commercial purposes to access Daytourz.com and make bookings in accordance with these Terms (the “Limited Licence“). Save in respect of exercising your Limited Licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Other than the Limited Licence, nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any licence or right in or to the Materials.
5.2 Daytourz.com may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on Daytourz.com to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
5.3 Daytourz.com is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on Daytourz.com for any commercial or competitive purpose.
6. User Generated Content
6.1 Certain parts of Daytourz.com may allow you or third parties to post content, reviews, messages, photos, materials or other items (these being “User Generated Content Features“). You are solely responsible for your use of such User Generated Content Features and use them at your own risk. By using any User Generated Content Features, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Daytourz.com any of the following:
(a) Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content“) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate;
(b) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(c) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(d) Content that may infringe a third partys privacy or data protection rights;
(e) Viruses, corrupted data or other harmful, disruptive or destructive files; or
(f) Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying Daytourz.com, or which may expose us or our users to any harm or liability of any type.
6.2 We accept no responsibility and are not liable for any Content of any kind that is posted, stored or uploaded by you or any third party on Daytourz.com, or for any loss or damage caused as a result thereof. As a provider of interactive services, we are not liable for any statements, representations or Content provided by users of the User Generated Content Features or other public forum. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through the User Generated Content Features, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on Daytourz.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on Daytourz.com at your sole cost and expense.
6.3 Any use of the User Generated Content Features or other portions of Daytourz.com otherwise than in accordance with these Terms may result in, among other things, termination or suspension of your access to the User Generated Content Features and/or Daytourz.com. In order to comply with an order of a court of competent jurisdiction or to protect our systems or users of Daytourz.com, we may process and disclose any information held by us in relation to a user of Daytourz.com who posts or uploads inappropriate or objectionable Content including, without limitation, their name, email address, IP address, usage history, and posted Content.
6.4 By posting or distributing Content to or through Daytourz.com, unless we indicate otherwise, you:
(a) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever;
(b) represent and warrant that the Content that you post or otherwise distribute (i) complies with these Terms; (ii) is accurate and not misleading; and (iii) shall not expose us to any civil or criminal liability or otherwise materially adversely affect our business or reputation.
7.1 You may be asked to review the travel services that you have received. We appreciate all feedback, but please note that the travel services provider in question will have access to your review so that they can act on your feedback and make any necessary improvements. The travel services providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.
8.1 These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail
8.2 Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.
8.3 The Terms constitute the entire agreement between you and Daytourz.com in relation to the subject matter of these Terms and supersedes any previous agreements or representations between the parties relating to the subject matter of this Agreement.
8.4 We reserve the right to change these Terms as well as the contents of Daytourz.com for any reason and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate booking or purchase using Daytourz.com. You should check these Terms for any changes each time you access Daytourz.com.
8.5 These Terms and your use of Daytourz.com are governed by the laws of Ireland. You hereby consent to the exclusive jurisdiction of the Irish courts in all disputes arising out of or relating to the use of Daytourz.com each time you access Daytourz.com. Use of Daytourz.com is not authorised in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this clause.
8.6 Our performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of Daytourz.com or information provided to or gathered by us with respect to such use.
8.7 If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
8.8 Although we cannot monitor the conduct of our users offsite, it shall be a breach of these Terms to use any information obtained from Daytourz.com in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
8.9 While our terms require that travel services providers display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the travel services provider rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by travel services provider to levy additional value added or other taxes on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the travel services provider.
10. Online Dispute Resolution
10.1 The European Commission Online Dispute Resolution Platform is available at the following link here. Please note that we do not currently engage in alternative dispute resolution in connection with customer complaints.