Terms of Service
We are ViraMac Technologies LLC (“Company,” “we,” “us,” “our”), a company registered in LaFayette, Georgia, United States. We operate the website ReserveTheNight.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). ReserveTheNight.com is a hotel booking website where ReserveTheNight acts as the merchant of record.
You can contact us by email at admin@reservethenight.com or by mail to PO Box 106, LaFayette, GA 30728, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ViraMac Technologies LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Table of Contents
- Our Services
- Intellectual Property Rights
- User Representations
- User Registration
- Purchases and Payment
- Cancellation and Refund Policy
- Prohibited Activities
- User Generated Contributions
- Contribution License
- Guidelines for Reviews
- Third-Party Websites and Content
- Advertisers
- Services Management
- Privacy Policy
- DMCA Notice and Policy
- Term and Termination
- Modifications and Interruptions
- Governing Law
- Dispute Resolution
- Corrections
- Disclaimer
- Limitations of Liability
- Indemnification
- User Data
- Electronic Communications, Transactions, Signatures, and Booking Contracts
- SMS Text Messaging
- Restricted Jurisdictions and Seller of Travel Limitations
- California Users and Residents
- Miscellaneous
- Contact Us
1. Our Services
ReserveTheNight is an independent online travel agency and is not affiliated with any hotel or hotel chain unless expressly stated.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are general consumer hotel-booking services and are not designed for regulated use cases that require special contractual, technical, or compliance controls beyond those we expressly provide.
ReserveTheNight acts as the merchant of record for bookings made through the Services, but the hotel or other travel supplier is the provider of the lodging and related on-property services. Hotels and suppliers are responsible for the accommodations they provide and for their own property rules, policies, and operational decisions, including check-in requirements, minimum-age rules, identification requirements, deposits, incidental holds, pet policies, parking rules, resort or destination fees, and the handling of no-shows, early departures, or property-specific issues. We are not responsible for the acts, errors, omissions, representations, warranties, or negligence of any hotel or supplier.
You understand, agree, and acknowledge that you have been advised that ReserveTheNight is not a hotel company and that you have not been led to believe that you are booking a room with a hotel directly. ReserveTheNight is an independent entity from the provider of the lodging services you are booking.
ReserveTheNight does not guarantee that any hotel or lodging property is free from ongoing or planned renovations, construction, improvements, or changes to facilities or amenities. Lodging providers make changes to their properties at their sole discretion and without notice to ReserveTheNight.
In the event that a hotel or supplier is unable to honor your reservation due to overbooking, property closure, force majeure, or any other cause, ReserveTheNight is not liable for the cost of relocation, rebooking, or alternative accommodations. We will use reasonable efforts to assist you in such circumstances, but any costs incurred in connection with rebooking or relocation are your responsibility and that of the hotel or supplier.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other materials we create or license for use in the Services (collectively, the “Content”), trademarks, service marks, and logos contained therein (the “Marks”). Certain hotel photographs, property descriptions, room information, reviews, ratings, amenities, and other lodging-related content may be provided by hotels, suppliers, distribution partners, or other third-party sources and are used by us under license, permission, contract, or other applicable rights. We do not claim ownership of third-party hotel or supplier content except to the extent of our own modifications, compilations, formatting, or presentation. The names, trademarks, service marks, logos, trade dress, and branding used by ReserveTheNight, whether registered or unregistered, are owned by or licensed to us.
The Content and Marks are provided in or through the Services “AS IS” for your solely for your personal use, including travel planning and booking for yourself or authorized travelers, and not for resale, redistribution, commercial exploitation, competitive analysis, scraping, aggregation, or creation of a separate travel database or service.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, and to download or print booking confirmations, receipts, itineraries, and other materials made available to you through the Services, solely for personal travel planning, personal recordkeeping, or travel planning for travelers on whose behalf you are authorized to act.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Your submissions and contributions
For the purposes of these Legal Terms, the following definitions apply:
“Submissions” means private communications, feedback, questions, suggestions, ideas, or other information you send directly to us that are not intended by you to be published publicly through the Services.
“Contributions” means content you create, submit, post, upload, review, rate, or otherwise make available through features of the Services that are intended for public display or use within the Services, including hotel reviews, ratings, photographs, comments, and similar user-generated content.
By sending us any Submissions, you assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions are subject to the license granted in Section 9 of these Legal Terms.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
3. User Representations and Warranties
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Some bookings may be made using guest checkout without creating an account. For guest bookings, we may send a secure link to the booking email address that allows the recipient to view, cancel, or claim the booking. That link functions like a private credential, and you are responsible for safeguarding it. Guest bookings may be claimed into a registered account only by a user who signs in with the same email address used for the booking, and we may revoke prior guest access links once a booking is claimed.
5. Purchases and Payment
We accept major credit and debit cards, including Visa, Mastercard, American Express, and Discover, processed securely through Stripe. Additional payment methods — such as Apple Pay, Google Pay, and Samsung Pay — may be available where supported by Stripe and the applicable payment provider. Available methods may vary by location, device, and the current policies of Stripe and the relevant payment network or wallet provider.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Payments will be charged in the currency displayed at checkout. We may change prices at any time before a booking is completed.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
Prices shown on the Services may not include charges collected directly by the hotel or supplier at check-in, during the stay, or at check-out. These may include resort fees, destination fees, parking fees, pet fees, cleaning fees, deposits, incidental holds, and similar property-collected charges. When we display such charges, they are estimates for convenience only, are not included in the total charged by ReserveTheNight unless expressly stated otherwise at checkout, and may be updated, interpreted, or collected by the property directly.
A quoted price is not final until you review and accept any required updates and your payment is successfully authorized. If the live supplier price changes before payment authorization, you will be shown the updated total and must accept it before the booking can proceed. If you do not accept the updated price, the booking will not be completed.
When you submit payment for a booking, we may first place an authorization hold on your payment method for the verified checkout amount while we finalize the booking with the supplier. If the supplier confirms the booking, we will capture the authorized amount. If the supplier does not confirm the booking or the order cannot be completed, we will release or cancel the authorization. Your bank or card issuer may take several business days, or longer, to remove a released hold and make funds available again.
Booking Confirmation Timing
When we use terms such as “instant” or “immediate” in relation to booking confirmations, we mean that, after your payment is successfully authorized and the supplier accepts the reservation, our system is designed to process and send a confirmation without intentional manual delay and generally within minutes, not that delivery is guaranteed at the exact moment you complete checkout.
Confirmation emails and other booking notices may take several minutes to arrive and, in some cases, longer because of payment review, supplier response time, queue volume, server load, email routing, spam filtering, outages, or other technical conditions outside our direct control. A delay in delivery of a confirmation email does not by itself mean that a booking was not received, accepted, or created.
Payment Disputes and Chargebacks
You agree not to initiate a payment dispute or chargeback in bad faith or without first contacting us to seek resolution when the booking, charge, or authorization was valid. If you initiate a chargeback or payment dispute for a charge that you later accept as valid, or that is resolved in our favor, we may recover the amount of the chargeback, our direct costs of responding to it, and may suspend or limit your ability to use the Services to the extent permitted by applicable law.
Check-In Requirements
You are required to present a valid, government-issued photo identification upon check-in. Hotels and suppliers may also require a credit or debit card at check-in to cover incidental charges — including but not limited to room service, parking, resort fees, internet access, minibar charges, and any other property-assessed expenses — that are not included in the amount charged by ReserveTheNight. Failure to present valid identification or a required payment method at check-in may result in the hotel or supplier denying check-in and forfeiture of your booking without any right to a refund.
Duplicate Reservations
You may not hold duplicate reservations for the same hotel property for overlapping dates under the same guest name. Where more than one room is booked for the same dates at the same property, each reservation must have a unique primary guest assigned. ReserveTheNight reserves the right to cancel any reservation deemed to be a duplicate booking. ReserveTheNight is not responsible for any cancellation fees, no-show charges, or rate differences arising from the cancellation of a duplicate reservation.
This restriction does not prohibit legitimate multi-room bookings for families, groups, weddings, events, or similar travel, provided that the booking information is accurate and each room or reservation is assigned to the appropriate guest as required by the applicable hotel or supplier.
Promotional and Discount Codes
ReserveTheNight may, at its discretion, offer promotional or discount codes (“Codes”) that reduce the room-rate subtotal, the ReserveTheNight service fee, or both, subject to the terms set out in this section. Codes are offers, not entitlements, and ReserveTheNight may withdraw, modify, or discontinue any promotion at any time without prior notice.
Eligibility and restrictions. Each Code may be subject to eligibility requirements, activation and expiration dates, minimum booking amounts, total redemption limits, and per-email or per-customer redemption limits. These conditions are disclosed when the code is offered and must be satisfied at the time of checkout for the code to apply. ReserveTheNight reserves the right to determine, in its sole discretion, whether eligibility requirements have been met.
Scope of application.Only one code may be applied per booking unless the checkout explicitly permits combining offers. Room-rate discounts — whether fixed-amount or percentage — apply only to the room-rate subtotal and do not reduce taxes, supplier fees, charges due at the hotel, or the ReserveTheNight service fee. Service-fee discounts apply only to the ReserveTheNight service fee and may be shown as “no RTN service fee” when the entire fee is waived.
No cash value. Codes have no monetary value independent of the booking to which they are applied. They may not be transferred, sold, or redeemed for cash. Unused discount value has no cash-out right once a booking is placed. Codes are void where prohibited or restricted by applicable law.
Revocation. ReserveTheNight reserves the right to reject, void, cancel, or expire any Code at any time for actual or suspected fraud, abuse, technical error, actual or suspected circumvention of eligibility restrictions, or violation of these Legal Terms or the terms of the applicable promotion. If a Code is voided after a booking is completed, the discount will remain applied to that booking unless the booking is cancelled and re-placed.
Effect on refunds. The discounted total shown at checkout is the amount charged to your payment method and is the basis for any subsequent refund. See Section 6 for the applicable cancellation and refund rules, including how discounts affect the amount eligible for refund.
6. Cancellation and Refund Policy
Bookings made through the Services may include amounts charged for the hotel room and related travel components, as well as a separate ReserveTheNight service fee. Unless otherwise required by applicable law or expressly stated in the cancellation terms for your selected booking, the ReserveTheNight service fee is non-refundable once a booking is placed, including if you cancel the booking after the free-cancellation deadline, fail to check in, request a modification, or a hotel or supplier applies a cancellation charge.
Any refund of the room rate, taxes, or other hotel-related amounts is subject to the cancellation and refund policy applicable to the specific rate you select, as presented on the applicable hotel detail page and at checkout. Some rates may be fully refundable if cancelled by the stated deadline, while other rates may be partially refundable or entirely non-refundable.
If your booking is eligible for free cancellation and you cancel by the stated deadline, we will refund the hotel and supplier charges covered by the free-cancellation policy. Unless the ReserveTheNight service fee was expressly waived or discounted at checkout, or unless otherwise required by applicable law, the ReserveTheNight service fee is retained and is not included in a cancellation refund.
Hotel and supplier cancellation and refund policies are determined by the applicable hotel or travel supplier and may be updated, interpreted, or applied by that hotel or supplier. Any refund issued to you for hotel-related amounts will be limited to the amount the applicable hotel or supplier authorizes or indicates as refundable to us, less any non-refundable amounts disclosed at the time of booking or required by applicable law.
If a promotional or discount code was applied to your booking, any refund of the room rate or other hotel-related amounts will not exceed the discounted amount you actually paid for those components. You will not receive a refund in excess of the amount charged to your payment method for the refundable portion of the booking.
If there is any conflict between general information on the Services and the specific cancellation or refund terms displayed for your selected booking during checkout, the booking-specific terms shown at checkout will control for that booking.
Unless otherwise stated in the selected rate or required by applicable law, no-shows, unused nights, and early departures may be treated as non-refundable or may result in reduced refunds or additional charges under the hotel's or supplier's policy.
7. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Post or transmit content through the Services that is defamatory, fraudulent, unlawful, or infringes another person's rights.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, malicious code, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Attempt to bypass, forge, manipulate, or otherwise circumvent any security verification, bot-detection, or challenge-response system deployed on the Services, including Cloudflare Turnstile or any successor technology.
8. User Generated Contributions
The Services allow you to create, submit, post, and publish hotel reviews, ratings, and other Contributions as defined in Section 2. Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that they comply with our Guidelines for Reviews (Section 10) and these Legal Terms, that they do not infringe any third-party intellectual property rights, and that they are your own original work or that you have the necessary rights and licenses to submit them.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in immediate termination or suspension of your rights to use the Services.
9. Contribution License
By posting your Contributions to any part of the Services, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions.
10. Guidelines for Reviews
We provide you with the ability to leave reviews and ratings for hotels you have stayed at through the Services. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience staying at or visiting the hotel or property being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews.
Reviews and ratings you post on the Services are Contributions subject to Sections 8 and 9 of these Legal Terms, including the license granted therein.
Reviews submitted through the Services are limited to users we determine are eligible to review based on booking or stay records available to us. We may label reviews from eligible stays as verified stays. User-submitted reviews may be screened, delayed, approved, rejected, or removed before publication or afterward for compliance with these Legal Terms, applicable laws, rules and regulations, or our moderation standards. We do not offer compensation or other incentives in exchange for submitting a review.
Some reviews and ratings displayed on the Services may be sourced from third-party platforms, including Google. Such third-party reviews remain the property of their respective owners and are subject to the terms and policies of the platform from which they originate, including Google's Terms of Service. ReserveTheNight does not claim ownership of third-party review content and makes no representations as to its accuracy or completeness.
11. Third-Party Websites and Content
The Services may contain links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. We are not responsible for the acts or omissions of any Third-Party Websites or Third-Party Content.
12. Advertisers
We do not currently display third-party advertisements on the Services. If this changes in the future, we will update these Legal Terms accordingly.
13. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. Privacy Policy
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. The Services, which may be amended from time to time with or without notice, and are hosted in the United States.
15. Digital Millennium Copyright Act (DMCA) Notice and Policy
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement of good faith belief; and (6) a statement that the information in the notification is accurate and authorized.
Counter-Notification
If you believe your removed or disabled content was taken down as a result of mistake or misidentification, you may send us a counter-notification that complies with 17 U.S.C. § 512(g)(3). A valid counter-notification must include your physical or electronic signature, identification of the material that was removed or disabled and where it appeared before removal, a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification, and your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who submitted the original notification or that person's agent.
Repeat Infringer Policy
In appropriate circumstances, we may terminate the accounts of users who are repeat infringers or who repeatedly submit content that violates the intellectual property rights of others.
Designated Copyright Agent
Andrew McDanielAttn: Copyright Agent
PO Box 106
LaFayette, GA 30728
United States
Andrew@reservethenight.com
16. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
Any attempt to bypass, forge, manipulate, or circumvent security verification or bot-detection systems constitutes a material breach of these Legal Terms and may result in immediate and permanent termination of access to the Services. If access to the Services or a booking-related account is suspended or terminated, any refund connected to an existing booking will be handled according to the cancellation terms disclosed at checkout, the status of the booking, amounts already paid to or retained by the hotel or supplier, amounts for services already provided, and applicable law. Suspension or termination of access does not create any independent right to a refund beyond the refund rights that apply to the booking itself.
17. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
We reserve the right to revise and update these Legal Terms and our Privacy Policy at any time. The most current version of these Legal Terms and Privacy Policy will be available on the Services and will supersede all prior versions for future use of the Services. Changes take effect when posted unless otherwise stated. For any completed booking or transaction, the version of these Legal Terms and Privacy Policy that you accepted at checkout will continue to govern that booking or transaction. If we make a material change to these Legal Terms, we may provide additional notice, such as by updating the date at the top of this page and, for registered account holders, sending notice to the email address associated with the account. By continuing to use the Services after updated terms become effective, you accept the revised terms for future use of the Services. It is your responsibility to review these Legal Terms periodically.
18. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
19. Dispute Resolution
Informal Negotiations
The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) for consumer disputes, and such other AAA rules as may apply to any non-consumer dispute that is permitted under applicable law. The arbitration will take place in Walker County, Georgia, unless the applicable AAA rules or applicable law require a different location or permit remote proceedings. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.
Notwithstanding the foregoing, either Party may bring an individual action in an eligible small claims court for disputes or claims within that court's jurisdiction. You may opt out of this arbitration agreement by sending written notice to admin@reservethenight.com within thirty (30) days after you first accept these Legal Terms. Your notice must include your full name and a clear statement that you wish to opt out of arbitration.
Restrictions
Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis.
Exceptions to Arbitration
The following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim seeking temporary, preliminary, or ancillary injunctive relief solely in support of arbitration or to protect intellectual property rights pending completion of arbitration.
20. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
If a pricing, availability, or rate-detail correction is identified before a booking is completed, we may require you to review and accept the corrected terms before payment authorization and booking completion. A booking will not be completed at an outdated or erroneous quoted price that you have not accepted.
ReserveTheNight is under no obligation to provide lodging services at an incorrect price, even after a booking confirmation has been sent to you. If a pricing error is identified after confirmation, we will make commercially reasonable efforts to notify you and give you the opportunity to accept the corrected price or cancel the booking without penalty. If you do not respond or do not accept the corrected price within a reasonable time, we reserve the right to cancel the booking and issue a full refund of amounts paid to ReserveTheNight.
21. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES, MOBILE APPLICATIONS, OR THIRD-PARTY WEBSITES OR CONTENT LINKED TO THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
ReserveTheNight makes no warranty or guarantee that the rate displayed on the Services represents the lowest available price for any given hotel, room type, or date. Rates are subject to availability and may differ from those offered through other channels.
To the fullest extent permitted by applicable law, you release ReserveTheNight and its officers, directors, employees, agents, and successors from any and all claims, damages, and liabilities of every kind arising out of or in any way connected with disputes between you and any hotel or supplier, including but not limited to bodily injury, property damage, or economic loss arising from hotel accommodations, amenities, food or beverage services, swimming pools, fitness facilities, parking, or any other on-property service or condition.
22. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR, IF NO SUCH TRANSACTION EXISTS, $100.00 USD.
Some jurisdictions do not allow the limitation or exclusion of certain damages or liabilities, so some of the above limitations may not apply to you.
23. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) your violation of the rights of a third party; or (5) any harmful act toward any other user of the Services.
24. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
25. Electronic Communications, Transactions, Signatures, and Booking Contracts
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS.
When you submit payment for a booking through the Services, you acknowledge that such submission constitutes your electronic signature and forms a legally binding contract between you and ViraMac Technologies LLC. By completing payment, you confirm your agreement to: (1) purchase the selected accommodation at the total price displayed at checkout; (2) the cancellation and refund policy applicable to your chosen rate, as presented at checkout; and (3) these Legal Terms as they apply to that transaction. The booking record generated upon payment confirmation — including the rate, dates, guest count, and applicable policies displayed to you — constitutes the electronic record of that agreement and is retained by ReserveTheNight in accordance with our Privacy Policy.
You also acknowledge that the hotel or supplier providing the accommodation is responsible for delivering the stay itself and may enforce property-specific rules and requirements. Your reservation remains subject to the hotel's or supplier's policies disclosed in the selected rate, at checkout, or by the property directly, including check-in and identification requirements, age restrictions, deposit or incidental-hold requirements, and on-property fees or rules.
26. SMS Text Messaging
Program Description
ReserveTheNight does not currently send SMS text messages. If and when an SMS program is introduced, participation will be optional and require your express consent. By opting into any future ReserveTheNight.com text messaging program, you will expressly consent to receive text messages (SMS) to your mobile number. Messages may include booking confirmations, reservation reminders, check-in notifications, and other communications related to your bookings or account activity.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” After this, you will no longer receive SMS messages from us.
Message and Data Rates
Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages.
Support
If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP or email admin@reservethenight.com.
27. Restricted Jurisdictions and Seller of Travel Limitations
ReserveTheNight is not currently registered, licensed, or otherwise authorized as a seller of travel, travel agency, travel club, or similar regulated travel seller in the states of California, Florida, Hawaii, or Washington.
Accordingly, the Services are not intended for, directed to, or available for use by residents of California, Florida, Hawaii, or Washington, or by any person who is physically located in California, Florida, Hawaii, or Washington at the time of using the Services to search for, reserve, purchase, or book travel-related services.
By accessing or using the Services, creating an account, submitting a booking request, completing a reservation, or purchasing any travel-related service through ReserveTheNight, you represent and warrant that:
- you are not a resident of California, Florida, Hawaii, or Washington;
- you are not physically located in California, Florida, Hawaii, or Washington at the time of using the Services to search for, reserve, purchase, or book travel-related services;
- the billing address, payment address, and primary contact address you provide are not located in California, Florida, Hawaii, or Washington; and
- you will not use the Services on behalf of, for the benefit of, or as an agent for any person or entity that is located in or resident in California, Florida, Hawaii, or Washington.
ReserveTheNight reserves the right to refuse, cancel, void, or decline any account, booking request, reservation, transaction, or purchase if we determine or reasonably suspect that the user, traveler, purchaser, billing address, payment address, contact address, or transaction is connected to California, Florida, Hawaii, or Washington.
If we cancel a booking or transaction under this section, our sole obligation will be to provide any refund required by applicable law and the applicable booking terms. ReserveTheNight is not responsible for any losses, costs, damages, penalties, travel disruptions, replacement accommodations, fare differences, or other expenses arising from your attempt to use the Services in violation of this section.
You agree not to misrepresent your residence, location, billing address, payment address, contact address, or eligibility to use the Services. You are responsible for any claims, losses, liabilities, penalties, damages, costs, or expenses, including reasonable attorneys' fees, arising out of or related to your violation of this section.
Sanctions, Export Controls, and Access Restrictions
ReserveTheNight complies with applicable U.S., EU, and UN sanctions regulations and export control laws. Accordingly:
- Prohibited jurisdictions.Access to and use of the Services is prohibited for persons located in, ordinarily resident in, or operating from any country or territory subject to comprehensive U.S. economic sanctions or trade embargoes, including but not limited to Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as well as any country or territory that may become subject to such restrictions in the future. This prohibition applies regardless of the user's citizenship or the nationality of the traveler named in a booking.
- Automated access controls. We use automated systems to help enforce these restrictions. This includes IP geolocation to estimate the country from which a request originates, and detection of VPN, proxy, and hosting-provider IP addresses that may be used to circumvent geographic restrictions. Users who appear to be connecting from a prohibited jurisdiction, or who are using network infrastructure associated with circumvention, may be denied access to or use of the Services.
- Sanctions list screening. We screen names provided at account registration, during checkout, and at other points in the booking funnel against publicly available sanctions lists, watchlists, and restricted-party databases (including lists maintained by OFAC, the EU, and the UN) using a third-party screening provider. This screening helps us comply with our obligations not to transact with sanctioned persons or entities.
- Blocked results. If automated screening returns a blocked or review-flagged result, we may prevent you from completing a registration, booking, or other transaction. We will not always be able to disclose the specific reason for a block. Blocked results may reflect a positive match on a sanctions list, an unresolvable geographic access restriction, or detection of circumvention infrastructure.
- Incorrectly blocked users. If you believe you have been incorrectly blocked — for example, due to a name match that does not apply to you or due to erroneous geolocation — you may contact us at admin@reservethenight.com to request review. We will review the matter and, where we determine a block was made in error, take reasonable steps to restore access. We cannot guarantee restoration of access in all cases where automated screening systems produce a result.
You represent and warrant that you are not a sanctioned person or entity, are not located in or operating from a prohibited jurisdiction, and are not using the Services on behalf of any sanctioned person or entity or any person or entity in a prohibited jurisdiction. Any violation of this section may result in immediate termination of your account and access to the Services, and may be reported to relevant authorities.
28. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If you are a California resident, nothing in these Legal Terms requires you to waive any right to seek public injunctive relief to the extent such a waiver is prohibited by California law. If that specific limitation is found unenforceable, then only that portion will be severed and the remainder of the dispute resolution provisions will remain in effect to the fullest extent permitted by law.
29. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
You may not assign, transfer, or delegate any of your rights or obligations under these Legal Terms without our prior written consent. We may assign these Legal Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
We will not be liable for any delay, failure, or interruption in performance caused by events beyond our reasonable control, including acts of God, severe weather, natural disasters, epidemics, pandemics, labor disputes, civil unrest, war, terrorism, governmental actions, utility or telecommunications failures, payment-network outages, supplier system failures, or internet-service disruptions. In such circumstances, we may suspend or limit the Services or affected bookings to the extent reasonably necessary.
30. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
ViraMac Technologies LLCPO Box 106
LaFayette, GA 30728
United States
admin@reservethenight.com