PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT").
Welcome to the DayAxe website, which is owned and operated by Hospitality Innovated LLC, DBA HotelsByDay, DBA DayAxe. ("DayAxe" or "we"). This Agreement describes the terms and conditions applicable to the services available through this website along with DayAxe’s mobile and tablet applications ("Site"). This Site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by this Agreement. Please read the Agreement carefully. These terms and conditions of use may be changed by DayAxe in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new or modified terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with DayAxe for products, services or otherwise.
Privacy Policy
DayAxe believes strongly in protecting user privacy. Therefore, DayAxe has adopted a privacy policy. Users of this Site should refer to our Privacy Policy for information about how DayAxe uses and collects information. By using our Site, you consent to the use of your personal information by DayAxe in accordance with the terms of the Privacy Policy, which terms are incorporated herein.
Copyright
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of DayAxe and service providers. In addition, all website materials, including, without limitation, the DayAxe logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2020 DayAxe Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of DayAxe or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of DayAxe or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Trademarks
DayAxe, the DayAxe logo and the products and services described in this Site, including without limitation "DAYAXE," are either trademarks or registered trademarks of DayAxe and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DayAxe. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of DayAxe, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DayAxe. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Licenses and Site Access
DayAxe grants you a limited, personal, nontransferable, non-sublicensable, revocable license to make personal use only of the Site in accordance with this Agreement. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DayAxe or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any DayAxe trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without DayAxe’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a DayAxe name, trademark or product name without DayAxe’s express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of DayAxe, and DayAxe shall not be responsible for any data lost while transmitting information on the Internet. In spite of DayAxe’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of DayAxe, access to the Site may be interrupted, suspended or terminated from time to time.
You also acknowledge that while DayAxe strives to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure and thus we cannot guarantee its absolute security. To the extent permitted by law, DayAxe makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. DayAxe assumes no liability for disclosure of personal information due to, among other things, errors in transmission, security breaches or unauthorized third parties.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray DayAxe or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a DayAxe logo or other proprietary graphic or trademark of DayAxe to link to this Site without the express written permission of DayAxe. This limited right may be revoked at any time.
DayAxe makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of DayAxe and DayAxe is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DayAxe is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DayAxe of the site or any information contained therein. When leaving the DayAxe site, you should be aware that DayAxe’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Age Restriction
Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any services available on this Site. By using this Site, you warrant that you possess the legal authority to create a binding legal obligation.
User Conduct
In using this Site, you agree:
not to make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
not to use this Site or its Content for any commercial purpose;
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use another’s account, service or system without authorization from DayAxe, or create or use a false identity on this Site;
not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
not to use or access the Site in any way that, in DayAxe’s reasonable judgment, adversely affects the performance or function of the Site; and
not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site, electronic mail, text message or by telephone.
Customer Ratings and Reviews
DayAxe may invite a member to write a customer review on his or her personal experience and display the review publicly on its website and elsewhere. You acknowledge that DayAxe may choose to provide attribution of your comments or reviews (for example, listing your first name and hometown on a review that you submit) at our discretion. We take no responsibility and assume no liability for any submissions submitted by you.
Supplier Terms and Conditions
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Copyright Policy and Copyright Agent
It is DayAxe’s policy to respect the copyright and intellectual property rights of others. If you believe that DayAxe or any user of our site has infringed your copyright in any material way, please notify DayAxe’s Copyright Agent, and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
An identification of the copyrighted work claimed to have been infringed.
An identification of the material that you claim is infringing so that we may locate it on the site.
Your address, telephone number and email 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 that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
DayAxe’s Copyright Agent can be reached by email at [email protected].
Accounts
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify DayAxe immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. DayAxe is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Day Access Purchase Service
Scope of service.
By purchasing the day pass, cabana, daybed, VIP chair, spa pass or other hotel day use products collectively called ("Day Access"), defined as a day access to the hotel or resort property ("Hotel"), through DayAxe’s service, you enter into a direct (legally binding) contractual relationship with the participating Hotel for which you are buying the Day Access. From the point at which you purchase your Day Access, DayAxe acts solely as an intermediary between you and the Hotel, transmitting the details of your Day Access to the relevant hotel and sending you a confirmation email for and on behalf of the hotel. We may charge a fee for the service we provide when you purchase Day Access through DayAxe’s service. The information disclosed on this Site regarding each hotel is based on the information provided to DayAxe by the Hotel. While DayAxe has exercised due care in attempting to check the information provided by the hotels, DayAxe cannot guarantee that all information is accurate, complete and correct, nor can DayAxe or its affiliates be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise), inaccurate, incomplete, misleading or untrue information (including, but not limited to, inaccuracies relating to hotel photographs, hotel property descriptions, and lists of hotel property amenities) or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the information shown (including the Day Access rates, availability and taxes) displayed on our Site.
Prices.
Prior to purchasing your Day Access, a total estimated price (including estimated taxes and fees) will be displayed. When you complete your purchase, you authorize DayAxe to purchase on your behalf for the total estimated price. All charges are shown in United States dollars, unless otherwise stated. The Day Access rate displayed on the Site is a combination of the Day Access rate provided to DayAxe by the hotel for the day access you purchase and a fee retained by DayAxe to compensate us for our services. Prices, rates and inventory are subject to change based on availability from the hotel and may change at any time prior to receipt of your purchase confirmation. The "taxes and fees" amount displayed includes an estimate of transaction taxes (e.g. sales and use, occupancy, excise and value added tax), government fees and other charges that the hotel must remit to the government for your hotel day access. The type of tax charged by the hotel may change at any time and will vary by service and location. The hotel suppliers are solely responsible for remitting applicable taxes to the applicable taxing jurisdictions. The hotel reserves the right to charge you additional taxes, service fees, resort fees or hotel charges (including, but not limited to, resort fees, parking charges, etc.). These charges, if applicable, will be payable by you to the hotel at checkout. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site and the purchase of your hotel Day Access. Please contact the hotel directly as to whether any additional taxes, service fees or charges apply. In the event a service is listed at an incorrect price or with incorrect information, DayAxe and/or the hotel retain the right to refuse or cancel your purchase whether or not the order has been confirmed. If available, we will offer you the opportunity to keep your pending order at the correct price or will cancel your order without penalty. DayAxe and/or the hotel are under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your purchase.
Credit Card.
Your credit card will be charged by DayAxe upon purchase and confirmation of the order. You agree that your credit card or debit card will be charged for the total estimated Day Access price. Please check the Day Access ticket details and the redemption terms thoroughly for any such conditions prior to making your purchase. Hotels require credit card or debit card details in order to guarantee your purchase. As such, DayAxe will send your credit or debit card information to the hotel for which your purchase is made. Upon check-in, guests are required by the hotel to present a valid ID and/or credit card or, in the hotel's discretion, debit card, in their name that is consistent with the transactional details provided to DayAxe.
Disability Needs.
If you have disability needs (for example only, you need a wheelchair accessible pool), you must call the hotel and verify that your disability need can be met prior to purchasing your Day Access. If your disability needs cannot be accommodated by the hotel, please call DayAxe’s Customer Service.
Correspondence.
By completing a purchase, you agree to receive email communications, which we may send you (or your guest) shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including any DayAxe promotions, offers or deals) relevant to your purchase and destination. We may also send you an email promptly after your stay inviting you to complete our customer review form.
Hotel Ratings.
Hotel ratings displayed on this Site are intended as only general guidelines, and DayAxe and its affiliates do not guarantee the accuracy of the ratings or the consistency of the ratings across other online or offline platforms. DayAxe reserves the right to change a hotel’s ratings at its sole discretion at any time with or without notice.
Third Parties.
You represent and warrant that you will only use this Site to make legitimate purchases for you or for another person for whom you are legally authorized to act. If you use this Site for or on behalf of a third-party ("Third-party"), such as a family member or a your companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all terms and conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party (as defined below) harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any orders submitted including for total charges and performance obligations.
Day Access Use
The holder and issuer of a Day Access is the Hotel. As a holder and issuer of the Day Access, the Hotel shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Hotel, as well as for any unclaimed property liability arising from unredeemed Day Access or portions thereof. You waive, and release DayAxe and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Hotel in connection with a Day Access or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Day Access or any portion thereof.
Redemptions.
The Day Access you purchase through the Site is redeemable for services or goods by the Hotel. The Hotel, not DayAxe, is the issuer of the Day Access and the sellers of goods and services and is solely responsible for redeeming any Day Access you purchase.
General Use.
Day Access tickets are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.
Exchanging.
A Day Access ticket may be redeemed at the Hotel, and may not be exchanged with any other products or services, third party certificates, coupons, or promotions.
Access Restrictions.
The Day Access includes access to the entire Hotel property and its amenities, unless otherwise specified certain amenity restrictions specified on the Day Access. For example, if you bought a Day Access that includes access to the entire Hotel property except for pool, upon redemption you will not be able to use the Hotel’s pool.
Check-in Time.
Unless otherwise specified on the Day Access or by the Hotel, each check-in time vary per Hotel, which is stated on each Day Access.
Purchaser’s Proximity.
Most hotels only offer Day Access only to locals who live within 2 to 50 miles from hotel physical location. Unless otherwise specified on the Day Access or by the Hotel, there is a restriction of how far the Day Access purchaser lives from hotel. Each hotel determines its desired Day Access holder proximity, which is enforced during purchase and confirmed by purchaser’s billing zip code.
Credit.
The issuing of credit is at the sole discretion of the Hotel unless otherwise required by law.
Room Access.
The Day Access does not include room access and may not be applied towards the room booking.
Refusing Service.
Hotel may reasonably refuse to provide services to any DayAxe day guests at any time before or during the stay, within reasonable explanations of such refusal. For example, if the DayAxe day guests appear in inappropriate for hotel attire, such guests will be refused access and may be asked to leave the premises. Day guests that are disturbing other guests by creating noise on the Hotel properties may be asked to leave the premises without further notice.
Concierge Services.
Hotel may not be obligated to provide prompt concierge services to DayAxe day guests due to such services being reserved and prioritized for overnight staying guests.
Loss of Day Access Ticket.
Neither DayAxe nor the Hotel is responsible for lost or stolen Day Access ticket or booking reference number.
Voiding.
Reproduction, sale or trade of a Day Access ticket is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with the terms and conditions will render the Day Access ticket null and void. Void to the extent prohibited by law.
Changes and Cancellations
Change/Cancellation Deadline.
You can change or cancel your day access booking either online under your bookings when signed into your dayaxe.com account, or by emailing our customer services at [email protected] 48 hours prior to 9 am of your check-in date.
Change/Cancellation Fees.
You can change your guest name, number of guests and your check-in date at no charge to you by DayAxe.com. You agree to pay any supplier required cancellation or change fees that you incur which will be communicated to you during the change.
Check-in Date Change: Rate Difference.
Day Access prices vary depending on the check-in date you select during the change. If you are changing to a higher price date, you will be required to pay the difference in daily rate. If you are changing to a lower price date, you will get a refund for the difference.
Hotels with No Change/Cancellation Policy.
In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel booking. You agree to abide by the terms and conditions imposed with respect to your prepaid booking. In the event that a hotel is unable to honor your booking, DayAxe.com will not be liable for any cost incurred due to relocation.
No Show Policy.
If you do not show up on the day of your booking and do not cancel your reservation 48 hours prior to your check-in date you will not be eligible for a refund.
Cancellation after Redemption.
Bookings are not refundable after redemption.
Membership
DayAxe Membership.
DayAxe Membership is a monthly subscription membership that enables DayAxe members to reserve a wide range of day passes offered and operated by Hotels. Through the DayAxe membership, you can access third party products and services.
Membership Cycles.
Your DayAxe membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Unless we otherwise communicate a different time period to you at the time of sign up (such as a multi-month commitment plan), each DayAxe cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. For example, if you purchase your DayAxe Membership on October 17, your membership will automatically renew on November 17 (as further explained in “Billing Cycles,” below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use DayAxe. We will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
Eligible Day Passes.
Each member receives day passes per Membership Cycle (“Eligible Day Passes”) to be used to visit any Hotel of their choice available to such member on DayAxe. DayAxe reserves the right to change from time to time the number of Eligible Day Passes a member can take per cycle, membership plan, geography, Hotel or otherwise. We also may change the number of reservations a member can make and canceled or missed services a member may incur. Our current standard policies regarding the number of Eligible Day Passes you may take per Hotel can be, the number of reservations you may hold at a given time can be and the how far in advance you may reserve your day pass can be. Please note that Eligible Day Passes not used during a Membership Cycle are forfeited, and will not be exercisable in the next cycle.
Membership Plans.
We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Availability and Allocation.
DayAxe does not guarantee the availability of particular Hotel, locations, day passes or other inventory, and availability may change over time, including during the course of any given Membership Cycle. The type, quantity, allocation and availability of Hotels, day passes, and other inventory offered are determined by DayAxe in its sole discretion. As such, DayAxe takes certain steps to release, promote and otherwise make available inventory at varying times and in an ongoing and evolving way.
Use of DayAxe Membership.
Your DayAxe membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift day passes to third parties, including other DayAxe members. DayAxe may not be used for commercial purposes. To use your DayAxe membership you must have access to the Internet.
Membership Billing
Recurring Billing.
By starting your DayAxe membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below.
Billing Cycle.
When you sign up and purchase your DayAxe subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your DayAxe membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.
Refunds.
Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are canceling your subscription and request a refund within 5 days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any day pass or other services you may have used prior to your cancellation, to the extent permitted by law (such day pass fee charges not to exceed the cost of the subscription itself). Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.d)
Price Changes.
We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the DayAxe website or such other means as we may deem appropriate from time to time, such as email.
Payment Methods.
You may edit your Payment Method information by logging online and editing it under "My Account" and then "Settings". If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
Cancellation of Membership.
You may terminate your monthly subscription at any time with 3 days’ notice by going into your account settings on the DayAxe website and canceling. Following any cancellation you will continue to have access to your subscription through the end of your current prepaid billing period, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your membership, there is a reactivation fee if you want to return to the DayAxe in future months.
Reservation and Cancellation of Day Passes.
As a DayAxe member you must reserve and cancel your DayAxe day passes only through the DayAxe website. It is a breach of your DayAxe subscription terms if you reserve or cancel directly with a Hotel, including through any online or mobile account you have with a Hotel. If you reserve or cancel directly with such Hotel, we reserve the right to charge you the full amount that the Hotel charges for such day pass and/or any applicable cancellation fees, and/or to suspend or terminate your subscription.
Trials.
From time to time we may offer a trial membership that includes standard access to the DayAxe Membership during the trial period. Unless otherwise communicated, a trial begins at the moment of sign up and ends at 11:59pm ET on the last day of the trial (for a one-week trial, this would be the same weekday of following week). Each trial membership automatically will convert to a regular monthly membership and price unless canceled by 12pm ET on the day before the last day of trial. Customers that cancel and do not convert to a regular membership may not use day passes taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Unless we expressly communicate otherwise, trial memberships are only available to new customers that have never had a DayAxe account before, are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited.
Other Fees
Fees We Charge.
Your DayAxe membership fee covers your access to Eligible Day Passes as explained above. In addition to your membership fee, you are responsible for paying cancellation fees or missed Eligible Day Passes fees if you do not cancel with appropriate notice or do not attend your scheduled Eligible Day Passes. Click here and here for our current cancellation and “no shows” rules including the applicable fees. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time. Additionally, from time to time we may allow you to purchase additional day passes, products or services through the DayAxe Site. If you choose to purchase any of these offerings, you will be responsible to pay the applicable fees in addition to your membership fee.
Fees Charged by Hotel.
In addition to fees we charge, some of the Hotels may also charge amenity fees or minimum spend fees that you will be responsible for directly. For example, some Hotels might charge extra to rent a towel or cruise bikes. Further, DayAxe only gives you access to the day pass for which you signed up on the DayAxe Site (and at the specified time and location). The Hotel may have additional fees for use of additional day passes or amenities.
Indemnification
You agree to indemnify and hold harmless DayAxe and the Covered Parties (defined below) from and against any claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees, expert fees and accounting fees) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of this Site, (iii) your breach of this Agreement or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.
Submissions
You agree that any materials, including but not limited to questions, comments, ratings or reviews, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to DayAxe, or postings on the Site or DayAxe’s social sites (such as its Facebook and Twitter accounts) (collectively, "Submissions"), are nonconfidential and shall become the sole property of DayAxe. DayAxe shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DayAxe, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You agree that DayAxe may use and display publicly on its website and elsewhere the name, city, hometown and state that you submit in connection with your Submissions. You further agree that you will be solely responsible for the content of any Submissions you make and that you shall be solely liable for any harm resulting from your Submission. The information and opinions expressed in Submissions on this Site are not necessarily those of DayAxe or its content providers, advertisers, sponsors, affiliated or related entities, and DayAxe makes no representations or warranties regarding any Submission. DayAxe does not represent or guarantee the truthfulness, accuracy, or reliability of any Submissions or determine whether the Submissions violate the rights of others. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAYAXE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF HOTEL ABILITY FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY DAYAXE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, HOTELS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT DAYAXE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, DAYAXE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. DAYAXE DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL OR OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, DAYAXE EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS ON OUR SITE AND/OR ON PENDING ORDER MADE UNDER AN INCORRECT PRICE. DAYAXE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. DAYAXE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY DAYAXE VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES DAYAXE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DAYAXE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. DAYAXE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF DAYAXE, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS. DAYAXE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON DAYAXE SUCH AS (BUT NOT LIMITED TO) HOTELS AND DAY ACCESS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO DAYAXE AND DAYAXE HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES. DAYAXE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL DAYAXE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING DAYAXE CONTENT OR RELATED SERVICES (COLLECTIVELY THE "COVERED PARTIES") BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THORUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE HOTELS ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT OR DELAY DUE TO AN ACT, ERROR OR OMISSION OF A HOTEL OR SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A SERVICE PROVIDER, OR AN ACT OF GOD. THE COVERED PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IF, NOTWITHSTANDING THE ABOVE, A COVERED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THIS SITE, USER AGREES THE LIABILITY OF ANY SUCH PARTY SHALL IN NO EVENT EXCEED THE TRANSACTION FEES ASSESSED BY DAYAXE FOR YOUR TRANSACTION ON THIS SITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law. In addition, to the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Arbitration and Applicable Law
To the extent permitted by law, this Agreement and the provision of our services shall be governed by and construed in accordance with California law. By using this Site, you agree that any and all disputes, claims or controversies that you may have against DayAxe or any of the Covered Parties (defined above) arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by DayAxe or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in Los Angeles, California or at such other location as may be mutually agreed upon by DayAxe and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply California law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DayAxe will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. You understand and agree that, by accepting these terms and conditions, you and DayAxe (and any Covered Party) are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. All claims you bring against DayAxe must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, DayAxe will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from DayAxe, DayAxe may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
Termination or Modification by DayAxe
Notwithstanding any of these terms and conditions, DayAxe reserves the right, without notice and in its sole discretion, for any reason whatsoever to terminate your license to use this Site, and to block or prevent future access to and use of this Site. DayAxe shall not be liable to you or any third-party for any termination of your access to this Site.
Termination or Modification.
You understand and agree that, at any time and without prior notice DayAxe may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site or your membership (or any portion thereof, including your access to any or all Hotels or services) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for day passes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that DayAxe will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.
Infringing or Fraudulent Activity.
DayAxe does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DayAxe may have at law or in equity.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. This Agreement (and any other terms and conditions referenced herein) represent the entire agreement between you and each of the Covered Parties regarding your use of this Site and supersede any and all prior statements, representations, or prior versions of these terms and conditions relating to the use of the Site that were displayed previously on this Site. DayAxe reserves the right, in its sole discretion, to amend, modify, or alter this Agreement (and any other terms and conditions referenced herein) at any time by posting the revised terms on this Site. We recommend that you review these terms and conditions periodically. LAST UPDATED: 06/24/2016