DAY USE SAS (hereinafter “DAYUSE”), a French joint stock company registered in the Register of Commerce and Companies (RCS) of Paris since 21/09/2010 under the number 524 948 924, with €80,934 of share capital, with its registered office at 5 rue Marguerite de Rochechouart 75009 Paris (and its affiliates), provides an online platform available on the website dayuse.com and the DAYUSE mobile app for daytime hotel bookings in 25 countries.
The purpose of these General Terms of Service (hereinafter “General Terms”) is to govern the use by the customer (hereinafter “Customer”) of the DAYUSE Platform and its services.
These definitions apply to the General Terms in their entirety:
“DAYUSE Platform” means the DAYUSE website, mobile website and application through which a Customer may access the services offered and make a booking.
“Hotel” means the hotel establishment partnering with DAYUSE whose offer or offers are available for booking on the DAYUSE Platform. Hotels have ratings of between 3 and 5 stars and are selected according to DAYUSE’s quality criteria.
“Service” means the room, activity or area booked at the Hotel for a specific time slot.
“Booking” means the Offer booked by the Customer on the DAYUSE Platform and any added Add-ons.
“Add-on” means any product or service which can be added to a Booking and which may entail an additional cost. These may include, without being limited to: love boxes, drinks, snacks, parking spaces, meeting rooms, etc.
“Taxes” means the taxes that apply to some of our Offers, which are payable to the Hotel directly. These are Taxes that are charged by the Hotel in accordance with its policy or taxes that are charged locally in accordance with local laws and customs. VAT and booking fees are not included in these Taxes.
Defined terms have the same meaning whether they are used in the singular or the plural.
2. GENERAL ASPECTS
The Customer undertakes without reservation to comply with these General Terms. The General Terms shall take precedence over any contractual or non-contractual document that may have been exchanged between the Customer and DAYUSE (hereinafter collectively “Parties”).
These General Terms have the force of a legal contract between the Parties.
The General Terms applicable between the Parties are the General Terms in force on the date when the Booking is confirmed by the Customer on the DAYUSE Platform.
3. ACCESS TO THE WEBSITE AND APPLICATION
The DAYUSE Platform may be accessed free of charge in any location by a user who has Internet access. The services offered on the DAYUSE Platform may only be used by adults.
The mobile application is accessible on iOS and Android.
The user has access to the whole website but can create a customer account to make Bookings easier and access more functionalities.
Access to the DAYUSE Platform enables the user:
- to make bookings at Hotels in 25 different countries;
- to search for specific services at Hotels;
- to view the availability and booking rates of Hotels.
4. CUSTOMER ACCOUNT
5.1 The Customer must confirm that they are over the age of 18 for the purposes of making a Booking. The Hotel is not obliged to honour a Booking if the Customer is a minor.
5.2 The Customer may make a Booking with a Hotel in any territory where DAYUSE is present. They can search by city, hotel or criteria or use their location in order to find Offers within their geographical area. It is not mandatory to create a DAYUSE customer account in order to be able to make a Booking. To make a Booking, the Customer must select the chosen Offer corresponding to a Service. Add-ons may also be added. Each Offer shall state the available Add-ons. The price of these services shall be indicated and added to the Booking when the selection is made. In order to finalise the Booking, the Customer must provide their contact details including their email address. The Customer can confirm their Booking after checking the summary. When the Booking is confirmed, a confirmation email is sent to the Customer at the address provided. If no email is received, the Customer is invited to look in the junk folder of their email account. The Customer must keep their Booking details so that they can present them at the Hotel.
5.3 The Customer may make a special request or provide further details to the Hotel before confirming their Booking. If the number of guests exceeds the number of available bedspaces, the Customer must specify the number of guests as a special request. The request will be considered subject to the Hotel’s capacity or terms. In this event, the Hotel reserves the right to refuse the request, and where appropriate, DAYUSE shall inform the Customer as soon as possible before the day of their Booking that their request cannot be granted.
6. PRICES AND RATES
7. PAYMENT TERMS
7.1 DAYUSE uses several different payment arrangements. Payment arrangements vary between Offers according to the territory and Hotel and whether or not booking fees apply. Payment can be made in the four following ways:
a) The Customer pays nothing when confirming their Booking on the DAYUSE Platform and pays the full price of their Booking including any booking fees to the Hotel directly when checking in;
b) The Customer pays the full price of their Booking on the DAYUSE Platform when confirming and no payment is made at the Hotel. No payment shall be requested by the Hotel except any deposit payable as stated in the Offer.
c) The Customer only pays the booking fee on the DAYUSE Platform and the rest of the price of the Service is paid at the Hotel when checking in.
d) The Customer pays the full price of their Booking on the DAYUSE Platform and pays the additional Taxes, if any, at the Hotel.
At the time of each Booking, the payment and cancellation terms shall be stated in the Offer. No new payments can be made to the Hotel in respect of a Booking paid for on the DAYUSE Platform (see b) and d)) except a deposit (clause 6.4) or additional Taxes if indicated at the time of booking.
7.2 Where payment is made on the DAYUSE Platform, it shall be made by bank (credit or debit) card (Visa, MasterCard, American Express, etc.). Payment shall be made in the currency selected on the DAYUSE Platform. Once payment has been made and confirmed as per the Customer’s bank’s online payment arrangements, the Customer shall receive an email confirming the Booking and the online payment. The final invoice may be given to the Customer by the Hotel upon request.
7.3 Payments at the Hotel can be made by bank card, in cash or by cheque up to the limit set by each Hotel. The arrangements for paying at the Hotel shall be stated for each Offer. The payment made to the Hotel shall be made as per the Hotel’s payment terms and DAYUSE cannot be held responsible for this. The final invoice may be given to the Customer by the Hotel upon request.
7.4 If fraud or a payment not authorised by the Customer is suspected, the Customer must contact DAYUSE as quickly as possible.
8. CANCELLATION AND MODIFICATION
8.1 Bookings cannot be changed. A Booking can be cancelled and a new Booking can be made as provided in clause 8.2.
8.2 There are different cancellation terms depending on the Offer and the chosen payment method.
8.2.1 Payment by bank card on the DAYUSE Platform - Where the Booking has been paid for in full by bank card on the DAYUSE Platform, in accordance with Article 7.1 clauses b) and d), the Booking shall be neither refundable nor cancellable, except in the event of force majeure.
8.2.2 Payment at the Hotel - Where the Customer has chosen to pay at the Hotel, in accordance with Article 7.1 clauses a) and c), the Booking shall be cancellable at no charge up until the time of check-in. Booking fees paid in advance by bank card are non-refundable.
9. RIGHT OF WITHDRAWAL
Pursuant to Article L221-28 12° of the French Consumer Code and Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal is not applicable to accommodation services.
10. THE CUSTOMER'S OBLIGATIONS
- by telephone: +33 1 76 38 13 63 (the price of a local call may vary from country to country);
- by email: firstname.lastname@example.org.
- customer account number, if any;
- email address;
- any documents that may help us to handle their request.
15. DISPUTE RESOLUTION
CUSTOMER REVIEWS TREATMENT POLICY
DAYUSE customers can leave a review of their DAYUSE experience at one of its partner hotels. DAYUSE collects reviews and checks they comply with the applicable regulations to ensure customers are given reliable and clear information.
- the content of their review is true and accurate;
- they are 18 or over;
- they made the booking via the DAYUSE website or app and stayed at one of our partner hotels during the daytime.
How do we moderate reviews?
DAYUSE aims to ensure maximum transparency for its customers while respecting hoteliers, their staff and the DAYUSE teams. DAYUSE therefore checks and moderates all reviews and comments in accordance with legal regulations to ensure its customers have access to clear, honest and reliable information that respects others. DAYUSE wants every customer to be able to report on their experience while ensuring that feedback does not contravene applicable laws and customs. All reviews must be polite, appropriate and related to the service offered by the partner hotel.
All customer reviews submitted are subject to verification by our teams. This process may take some time, depending on the number of reviews left. Reviews are generally processed within a maximum of one month.
Reasons for us rejecting a review include, but are not limited to, the following:
- the review contains language or comments that are abusive, disrespectful, derogatory, indecent or aggressive towards our teams or hotel staff;
- the review contains comments that are unlawful or immoral;
- the review is disproportionate, abusive, obviously misleading or defamatory;
- the review contains unfair statements that fail to reflect the reality of the situation;
- the review is unrelated to the subject at hand or the service provided by the hotel;
- the review is unintelligible, makes no sense or contains a meaningless sequence of characters;
- the review is submitted by someone who has never made a booking through DAYUSE;
- the review contains personal information pertaining to the customer or a third party;
- the review relates solely to the service provided by DAYUSE and does not relate to the service provided by the hotel.
If the review is accepted, it will be posted on the page pertaining to the hotel in question. Once posted, reviews cannot be modified, but can be deleted at the customer’s request. A review may also be deleted if it no longer appears relevant because it was posted a long time ago.
DAYUSE partner hotels can also report reviews. A hotel may report a review to us if it appears to be inconsistent, misleading or inaccurately reflects the service provided. DAYUSE checks if the hotel's request for deletion or rejection is justified and informs the person who left the review of the decision taken.
Finally, DAYUSE may contact a customer who has left a review for the purposes of improving our services or dealing with any dissatisfaction.
Please contact our customer services department at email@example.com should you have any comments or complaints.