HOSTELPASS LIMITED – TERMS OF USE

1. ABOUT THESE TERMS

1.1. Welcome to the https://www.hostelpass.co website (the “website”). Our website is provided solely to facilitate the purchase of the Hostel Card, which allows travelers to book hostel accommodation at an exclusive reduced rate. The terms “we”, “us”, “our”, “HostelPass” refer to HostelPass Limited, a company registered in the United Kingdom. The term “you” refers to the customer visiting the website and/or purchasing a Hostel Card.

1.2. Our website is offered to you conditioned upon your acceptance, without modification, of all the terms, conditions, and notices set forth below (collectively, the “Terms”).

1.3. Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes.

1.4. You should also read our Privacy Policy, available here, which also governs your use of the website. By accessing or using this website, purchasing the Hostel Card, booking any hostel reservations using the Hostel Card, or contacting our customer service representatives (collectively the “Services”), you agree that the Terms then in force shall apply. If you do not agree to the Terms, please do not use this website, purchase the Hostel Card, book any reservations using the Hostel Card or contact our customer service representatives.

1.5. YOU UNDERSTAND THAT HOSTELPASS IS NOT AN OWNER OR OPERATOR OF PROPERTIES OR HOSTELS, NOR IS IT A PROVIDER OF LODGING OR PROPERTIES, AND HOSTELPASS DOES NOT OWN, SELL, RESELL, FURNISH, PROVIDE, RENT, RE-RENT, MANAGE AND/OR CONTROL PROPERTIES OR HOSTELS. HOSTELPASS HAS NO CONTROL OVER THE CONDUCT OF HOSTELS, GUESTS OR OTHER USERS OF THE WEBSITE, HOSTEL CARD OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2. USE OF THE WEBSITE

2.1. As a condition of your use of this website, you warrant that:

2.1.1. you possess the legal authority to create a binding legal obligation;
2.1.2. you will use this website in accordance with these Terms;
2.1.3. you will only use this website to purchase the Hostel Card or to make legitimate hostel reservations using the Hostel Card;
2.1.4. all information supplied by you is true, accurate, current and complete; and
2.1.5. if you have a hostelpass.co account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

2.2. We retain the right at our sole discretion to deny anyone access to our website, the Hostel Card or hostel reservations using the Hostel Card at any time and for any reason, including, but not limited to, for violation of these Terms.

3. USER ACCOUNT

3.1. In order to purchase a Hostel Card you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if that age is older than 18), to obtain an Account.

3.2. Account registration requires you to submit certain personal information, such as your name, email address, username, password (“Profile Information”), and at least one valid payment method (either a credit card or accepted payment partner).

3.3. You agree to maintain accurate, complete, and up-to-date Profile Information in your Account. Your failure to maintain accurate, complete, and up-to-date Profile Information may result in your inability to access and use the Services or our termination of your Account.

4. MODIFICATION

4.1. At any time, without notice to you and for any legally valid reason, we may, in our sole discretion, modify or discontinue any aspect of the Hostel Card, including, without limitation, any hostel accommodation or any activities available on the website, and any products or services offered through the website.

4.2. We shall in no way be held liable for any consequence which results from our decision to modify or discontinue providing any or all HostelPass products or services.

4.3. These Terms are effective as of November 2021. We expressly reserve the right to change these Terms from time to time. If we do, we will notify you before the new Terms take effect by posting a notice on our website. You acknowledge and agree that it is your responsibility to familiarise yourself with any modifications before the effective date. Your continued use of the Hostel Card after the effective date will constitute acknowledgement of the new Terms and agreement to abide and be bound by them. If you do not agree to the amended Terms, you must stop using the Services.

4.4. Notwithstanding the foregoing, any change or modification to these Terms that materially alters your rights or remedies will be applied to your current and future interactions with us and will not alter your legal rights or remedies with respect to actions taken or incidents occurring prior to any such change.

4.5. Supplemental terms may apply to certain services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.

5. SERVICES

5.1. Through our website, we facilitate the purchase of the Hostel Card, which allows travelers to book hostel accommodation at an exclusive reduced rate.

5.2. The Hostel Card and all associated benefits will expire and have no further use or value one (1) year from the date of your purchase of the Hostel Card.

5.3. For purposes of this section and the Cancellation and Expiration sections below, “use” of the Hostel Card means any reservation made through our website or through any other website using the Hostel Card, whether or not such reservation is cancelled or used. In exchange for your purchase of the Hostel Card, we provide you with an exclusive reduced rate at which to book your hostel accommodation with our hostel partners.

5.4. YOU UNDERSTAND AND AGREE THAT EVEN WITH THE PURCHASE OF YOUR HOSTEL CARD, WE MAKE NO GUARANTEE OF THE AVAILABILITY OF ANY HOSTELS FOR YOUR RESERVATION. In the event that there are no available hostels in the location you desire accommodation or on your intended dates for travel, you will be wholly and solely responsible for sourcing your own lodging accommodations. We shall in no way be responsible for facilitating lodging for you when there is no availability at participating hostels.

6. MAKING A RESERVATION USING YOUR HOSTEL CARD

6.1. At any point following your purchase of the Hostel Card, you may make a reservation at a participating hostel for the exclusive reduced rate using:

6.1.1. a discount code provided to you through our website which you can then use when making your reservation on the participating hostel’s website; or
6.1.2. a hyperlink to a reservation page on the participating hostel’s website which will have the exclusive reduced rate already applied.

6.2. You acknowledge and agree the following:

6.2.1. Our website is intended to facilitate your purchase of the Hostel Card only.
6.2.2. We are not a party to any contract made between you and any hostel and we have no responsibility or liability to you in respect of the terms of any such contract. We strongly recommend you review any terms, conditions or contracts associated with any reservation you make with any hostel, as we do not have any awareness of or approval rights to the content of any such terms, conditions or contracts.
6.2.3. We cannot and do not control the condition, legality or suitability of any hostel.
6.2.4. Whilst we do our best to ensure we partner with reputable and transparent hostels, we are not responsible for, and disclaim any and all liability related to, any and all hostels. Accordingly, any reservations will be made or accepted at your own risk.
6.2.5. We do not act as a co-vendor with the hostels with whom we book your reservation.

6.3. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the hostel. You are responsible for leaving your hostel room in the condition it was in when you arrived.

7. CANCELLATION AND EXPIRATION POLICY

7.1. You have the right to cancel your purchase of a Hostel Card, without giving any reason, within 14 days of purchasing your Hostel Card.

7.2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (i.e. a notice sent by post or email). You can use the model cancellation form set out below, but you are not required to use it.

[Insert date]
To Hostelpass
support@hostelpass.co

I/We hereby give notice that I/we cancel my/our contract of sale for the supply of a Hostel Card ordered on [insert date].

[insert consumer name]
[insert consumer contact details]

7.3. If you cancel your purchase, we will refund to you all payments received from you except where we are allowed to keep such payments, such as where we have started carrying out the Services (for example, where you have used the Hostel Card to make a reservation at a hostel).

7.4. We will make the refund without undue delay and using the same means of payment as you used for the initial transaction.

7.5. Your Hostel Card is only valid and usable during the specified timeframe. The Hostel Card will expire and have no further use or value one (1) year from the date of your purchase of the Hostel Card (“Expiration Date”).

7.6. After the Expiration Date, you cannot use your Hostel Card to book any reservations at the exclusive reduced rate, and you shall not receive or be eligible for any refund of any fee or payment made to us under any circumstances.

8. DISPUTES

8.1. We are committed to customer satisfaction; if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

8.2. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”), by contacting us via email at support@hostelpass.co

8.3. If we are not able to resolve your Claim(s) within 60 days, you may seek relief through binding arbitration, as set forth below.

8.4. Any dispute, question or claim arising out of or in connection with these Terms, or the breach, termination or validity of these Terms, shall be submitted to arbitration. The arbitral tribunal shall be composed of one arbitrator to be appointed by agreement between you and us.

8.5. If we are unable to agree on the appointment of an arbitrator within seven (7) days of one party notifying the other party of a dispute, either party may request the President for the time being of the Law Society of England and Wales to appoint an arbitrator having due regard to any representations made to them as to the appropriate qualifications of such arbitrator.

8.6. The arbitration will be seated in London, United Kingdom.

8.7. The procedure will be agreed by the parties or, failing agreement, determined by the sole Arbitrator.

9. PROHIBITED ACTIVITIES

9.1. The content and information on our website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers.

9.2. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through our website. Additionally, you agree not to:

9.2.1. use our website or its contents for any commercial purpose;
9.2.2. make any speculative, false, or fraudulent use of the Hostel Card;
9.2.3. violate the restrictions in any robot exclusion headers on our website, or bypass or circumvent other measures employed to prevent or limit access to our website;
9.2.4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
9.2.5. deep—link to any portion of our website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
9.2.6. “frame”, “mirror” or otherwise incorporate any part of our website into any other website without our prior written authorisation.

9.3. If your use of the Hostel Card shows signs of fraud, abuse or suspicious activity, we may immediately cancel your Hostel Card and close any associated HostelPass accounts.

9.4. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages.

9.5. To contest the cancellation of a Hostel Card or freezing or closure of an Account, please contact us via email at support@hostelpass.co

10. HOSTEL RULES AND RESTRICTIONS

10.1. Additional terms and conditions will apply to your reservation and purchase of travel—related goods and services that you select.

10.2. Please read any additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any hostel with whom you elect to deal, including but not limited to security deposits, curfew requirements, and compliance with the hostel’s rules and restrictions regarding availability and use of fares, products, or services.

10.3. We are not liable for any costs incurred due to hostel relocation.

11. PRIVACY POLICY

We believe in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of our website, and to understand our practices in relation to your personal information: https://hostelpass.co/privacy-policy/

12. BANK AND CREDIT CARD FEES

12.1. Some banks and credit card companies impose fees and foreign transaction fees for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown during the purchase process for a Hostel Card purchased on our website.

12.2. Any 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.

13. INTERNATIONAL TRAVEL

13.1. You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met.

13.2. We have no special knowledge regarding foreign entry requirements or travel documents, passports or visas, or any recommended health requirements for any given travel destination. We do not provide advice on these matters. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

13.3. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents or for not meeting health requirements required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

13.4. BY OFFERING RESERVATIONS FOR HOSTELS OR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

14. LIABILITY DISCLAIMER

14.1. Whilst we do our best to ensure the accuracy and veracity of the information, software, ratings, products and Services published on our website, they may include inaccuracies or errors. In particular, we do not guarantee the accuracy of, and we disclaim all liability for, any errors or other inaccuracies relating to the information and description of the hostel and other travel products and services displayed on our website (including, without limitation, the pricing, photographs, list of hostel amenities, general product descriptions, and the like.).

14.2. HostelPass and hostels may make improvements or changes to the content on the website at any time. Our Services and content are provided “as is” without warranties of any kind, either express or implied. Whilst we attempt to provide a good user experience, we make no guaranties regarding the reliability, timeliness, quality, suitability, safety or availability of the Services, the hostels, or that the Services will always be secure, free of viruses, error-free, or that the Services will always function without delays, disruptions, or imperfections.

14.3. The hostels who are participating partners for the Hostel Card are not our agents or employees. We are not liable for anything that takes place at any hostel, including but not limited to, the acts, errors, omissions, representations, warranties, breaches or negligence of any such hostel or supplier or for any personal injuries, death, property damage, breaches of applicable laws, rules or regulations, or other damages or expenses resulting therefrom. We accept no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

14.4. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of our website or with the delay or inability to access, display or use our website.

14.5. If, despite the limitations above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed the fees you paid to us for your Hostel Card.

15. INDEMNIFICATION

15.1. By agreeing to these Terms you agree to indemnify HostelPass, our managing members, employees, agents, affiliates, licensors, and licensees from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) on account of any claim made or brought against us or any such other party in connection with:

15.1.1. your purchase of the Hostel Card;
15.1.2. your access to or use of the Services;
15.1.3. any Submissions you post, upload, use, distribute, store, or otherwise transmit;
15.1.4. your violation of these Terms;
15.1.5. your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or
15.1.6. your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

16. LINKS TO THIRD-PARTY SITES

Our website 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 or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

17. BANNERS, ADVERTISEMENTS, AND PROMOTIONS

17.1. We reserve the right to post banners, advertisements, promotions, and similar content throughout our website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from our policies, so please review them carefully.

17.2. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through our website (including via linked sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security, and the like). We will not be liable for the results of your interactions with any third party advertisers.

18. CURRENCY CONVERTER

18.1. If a currency convertor is available on our website, the following terms and conditions apply:

18.1.1. Currency rates are based on various publicly available sources and should be used as guidelines only.
18.1.2. Rates are not verified as accurate, and actual rates may vary.
18.1.3. Currency quotes are not updated every day. Ensure you check the date on the currency converter feature for the day that currency was last updated.
18.1.4. The information supplied by currency convertor is believed to be accurate, but we do not warrant or guarantee such accuracy.
18.1.5. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.
18.1.6. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

19. SUBMISSIONS AND ACCEPTABLE USE

19.1. You may submit content to our website by electronic mail, postings on our website, or otherwise, including any hostel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively “Submissions”).

19.2. By making Submissions to our website, you grant us and the affiliated, co-branded and/or linked website partners through whom we provide services (collectively the “HostelPass Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

19.2.1. use, reproduce, modify, adapt, translate, distribute, publish, sell, license, create derivative works from and publicly display and perform such Submissions throughout the world in any media, including on our social media network accounts, now known or hereafter devised; and
19.2.2. use the name that you submit in connection with such Submission.

19.3. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hostel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners.

19.4. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms.

19.5. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us or any of our partners or licensees.

19.6. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments, and we reserve the right in our absolute discretion to determine which comments are published on our website. If you do not agree to these Terms, please do not provide us with any Submissions.

19.7. The following content standards (“Content Standards”) must be complied with in spirit as well as to the letter. The standards apply to each part of any Submission as well as to its whole.

19.8. We will determine, in our discretion, whether a Submission breaches the Content Standards. A Submission must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and in any country from which it is posted.

19.9. A Submission must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Submission emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other websites.

20. COPYRIGHT AND TRADEMARK NOTICES

20.1. All contents of our website are our property. All rights reserved.

20.2. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by other parties.

21. ACCOUNT TERMINATION

21.1. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or Account holders who are deemed to be repeat infringers.

21.2. We may also at our sole discretion limit access to our website and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

21.3. If you believe that an Account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the Account holder or subscriber is a repeat infringer when filing your notice.

22. NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice setting out the details of your complaint. You may send us your notice by email to support@hostelpass.co

23. GENERAL

23.1. You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of these Terms, your use of our website or your purchase of a Hostel Card.

23.2. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, or information provided to or gathered by us with respect to such use.

23.3. If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

23.4. These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to our website, our Services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23.5. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. The parties agree to the exclusive jurisdiction of the courts of England and Wales.

23.6. Your use of mapping available on this website is governed by the Microsoft Terms and Microsoft Privacy Statement and the Google Terms and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://maps.google.com/help/terms_maps.html

24. SERVICE HELP

For quick answers to your questions or ways to contact us, you can write to us at: support@hostelpass.co