Guest Supplement to the Benny Terms of Service

This Guest Supplement (the “Guest Supplement”) supplements the Benny Platform Terms of Service (the “Terms”), which are incorporated herein, between you and One Night. If any terms in this Agreement conflict with the Terms, the applicable terms in this Guest Supplement below shall take precedence. All capitalized terms have the meanings set forth in the Terms, unless otherwise defined in Section 7 (Definitions) below. If you are making bookings through the Services on behalf of a company or a person(s) other than yourself, the individual accepting this Guest Supplement represents that he or she has the authority to bind the Guest to this Guest Supplement. “You” and “your” as used below in this Supplement refer to the Guest.

 

Our collection and use of personal information in connection with your access to and use of the Benny Platform and Services, whether or not you are a registered User, is described in our Privacy Policy.

 

1.  SERVICES OVERVIEW

 

A. Your Interaction with the Benny Platform

The Services provide you with the ability to browse Hotels and Reviews of Hotels by influencers, or “Agents.” You can book accommodations at a Benny Platform Hotel through a booking link on the Review. We do not endorse the services of any Hotels or Agents provided through the Benny Platform, but provide the Benny Platform as a marketplace to assist Guests in gathering information specific to accommodations and booking reservations. Reviews on the Benny Platform are provided by Agents at their own discretion and reflect their personal opinions based on their own experience with the Hotel. Information on the Benny Platform about Hotel accommodations, such as Room Rates, availability, descriptions, pictures, booking policies and other information, is submitted by Hotels directly into an interface we make available through the Services. While we use commercially reasonable skill and care in providing the Services, we do not verify or guarantee that information included in a Review or in a Hotel profile is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including typographical errors), or inaccurate, misleading or untrue information. 

 

B. Your Interaction with Hotels 

We act solely as an intermediary between you, the Agent and the Hotel, transmitting the relevant details of your booking to the relevant Hotel through the Benny Platform. By booking with a Hotel through the Services, you enter into a direct (legally binding) contractual relationship with the Hotel, subject to any additional terms and conditions of the Hotel that apply to your booking, including, in particular, the applicable cancellation policy and any rules and restrictions specified in the Hotel’s profile in the Benny Platform directory. When you make your booking through the Benny Platform, you agree to review and be bound by the Hotel’s terms and conditions of purchase, privacy policy, and any other rules or policies including on the Hotel’s profile on the Benny Platform or referenced in your booking confirmation. WE ARE NOT RESPONSIBLE FOR AND HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY HOTELS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH HOTELS.

 

C.  Your Interaction with Agents 

You must not directly communicate with Agents regarding bookings or the Services, but instead must direct any communications with Agents through us. Between the Agent and One Night, we are solely responsible for collecting your payment information on behalf of Hotels, sending you your booking confirmation, and providing you with customer service with respect to the Services. 

 

2.  BOOKINGS 

 

A.  Booking Policies

By making a booking through the Benny Platform, you accept and agree to the Hotel’s booking policies, including cancellation and no-show policies applicable to that booking, and to any additional terms and conditions of the Hotel that may apply to your booking or stay. 

 

B. Booking Confirmation; Changes and Cancellations

We will provide you with a confirmation email when your booking is confirmed, to include the Room Rate, applicable additional charges, Taxes, and cancellation and change policies provided to us by the Hotel. In order to duly complete and secure your booking, you need to provide your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number. Once you have booked a Hotel through the Benny Platform, any changes in your reservation must be handled directly through the Benny Platform. Please follow the instructions provided on the Benny Platform to adjust or cancel your booking.  If you have any questions or concerns about your booking, you may email support@itsbenny.com.

 

3.  PAYMENTS

 

A.  Room Rates

The Hotel profile on the Benny Platform should include all applicable fees included in the Room Rate, including applicable Taxes, and any additional charges your booking is subject to. Unless otherwise stated in the applicable room description, Room Rates are displayed per room and per night, for the number of people indicated. The Room Rate typically does not include breakfast unless stated otherwise, and does not include Taxes, such as local city, tourist or occupancy taxes. Additionally, some Hotels may charge you an additional but mandatory “resort fee” (or similar) for the use of certain of their services. The Room Rate typically does not include this resort fee, but you can find information about the resort fee in the applicable Hotel profile to the extent submitted by the Hotel. You may also be charged directly by the Hotel for mandatory fees such as baggage handling fees, in-room safe fees, or housekeeping fees, and optional incidental fees for services such as parking, room service, movie rentals, internet, etc. We do not have control over the practice to add additional fees, and you will not hold us liable for any charge by the Hotel, whether authorized, unauthorized, or wrong. Please check the Hotel policies on the Hotel profile to determine whether something is included in the Room Rate or not.  Hotels are responsible for remitting applicable Taxes to the applicable taxing jurisdictions.

 

B.  Payment Transaction

When you book a reservation facilitated by One Night, we collect your payment information through a third party payment processor and transmit your information to the Hotel pursuant to the terms of our Privacy Policy. Once your booking is confirmed, the Hotel may opt to charge you for your booking through the credit card on file, or alternatively, permit you to pay with a physical card presented at the time of check-in. The Hotel, and not One Night or the Agent, is responsible for processing your payment and fulfilling your booking. In the event you have of an issue with a payment between you and a Hotel or with your booking, as between One Night, the Agent, and the Hotel, the Hotel is solely responsible and the first point of contact.  Some Hotels 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 your booking through the Benny Platform. 

 

C. Charges for Booking Changes, Cancellations or No-Shows

You may be charged a cancellation or change fee by some Hotels for cancelling or changing a reservation before the stated cancellation period, or for failing to check-in at the Hotel on your reservation date. This fee varies by Hotel but can include the full reservation cost if a Hotel’s stated rules and restrictions do not permit changes to or cancellations of reservations after they are made. Please check the Hotel change and cancellation policies prior to booking your reservation. 

 

D. Bank and Credit Card Fees 

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency, list the payment on your bank card statement in your local currency, and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be different than the amount shown on your confirmation email for a reservation booked on the Benny Platform. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

 

E.  Credit Card Issues

You represent and warrant that the credit or debit card you use to make a booking on the Benny Platform is your own and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. Issues with your credit card or insufficient funds may incur charges by your bank or by the Hotel. If you suspect that an unauthorized or fraudulent booking was made using your credit card via One Night, please contact your bank and support@itsbenny.com immediately.

 

4. TERMINATION

 

We reserve the right not to accept you as a Guest or not to accept your bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever legal reason without the need to justify such refusal. Typical reasons for rejecting you or a booking include your unauthorized reselling of accommodations booked through the Benny Platform on an individual or mass basis (“Reselling”), breach of your Agreement, force majeure events, suspicions of fraud or theft, prior misconduct by you at the Hotel or other Hotels offered on the Benny Platform, or credit card problems. If we reject or cancel a booking for which you’ve already paid, you will receive a refund of the total booking value, except in the case of unauthorized Reselling or other case that we determine in our sole and absolute discretion reasonably warrants not refunding all or part of your booking. 

 

5.  USING YOUR ACCOUNT AS AN AGENT

 

If you are accepted to the Benny Platform as an Agent (based on criteria established by us in our sole discretion), you may use your Account to review Hotels as an Agent on the Benny Platform, subject to your agreement with the Terms and the Benny Platform Agent Supplement presented to you when you are accepted to the Benny Platform as an Agent.

 

6. NO ENDORSEMENT

 

Multiple Agents may choose to review the same Hotel. You acknowledge and agree that the order or format in which such Reviews appear on the Benny Platform does not represent our endorsement or lack thereof of any particular Agent or Hotel.

 

7.  DEFINITIONS

 

  • “Account” means an account you must register with us on the Benny Platform prior to accessing the Services.

  • “Agent” means an individual or company accepted by One Night to review Hotels and book accommodations for Guests through the Benny Platform.

  • “Benny Platform” means the Benny App and the Benny consumer website directed to users in the United States of America (www.itsbenny.com) and related domains, including those directed to users outside the United States of America, through which the Services are made available.

  • "Hotel" means a professional provider of accommodations available for booking on the Benny Platform.

  • “Review” means a review of a Hotel written by an Agent, through which a Guest can book accommodations at that Hotel at a discounted rate.

  • “Room Rate” means the per night rate for a Hotel room, excluding applicable Taxes and resort fees, but including room-related charges such as late check-out/early check-in and extra person charges.

  • “Services” means the services provided by One Night through the Benny Platform, including Hotel booking services and the ability to create and browse Reviews. 

  • “Taxes” means any VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes.