Terms & conditions

These Terms of Service (“Terms”) constitute a binding agreement (“Agreement”) betweenyou and SoldoutNight, Inc., operating as SoldoutNight (“SoldoutNight”, “we”, “our” or “us”),which offers the SoldoutNight platform, websites, applications, and services (collectively, the “Services”).This Website is offered to you conditioned upon your acceptance without modification of allthe terms, conditions and notices set forth below: the Terms or Use or Agreement. Please readthese Terms of Use carefully as they contain important information about limitations of liabilityand resolution of disputes through arbitration rather than in court. You should also read ourPrivacy Policy, which also governs your use of the website, and is incorporated by reference inthis Agreement. By accessing or using this Website, or contacting our call center agents, youagree that the Terms of Use then in force shall apply. If you do not agree to the Terms, please donot use or book any reservations through this Website.

  • Use of Services

    By using and accessing our Services, you confirm and acknowledge that you have read, understood and agreed to our Terms and our “Privacy Policy” found here.

    By accessing or using our Services you represent and warrant that:

    • You are at least 18 years of age.
    • You have read, understood and agreed to the Terms which include our Privacy Policy.
    • Where you accept or agree to these Terms on behalf of a company or other legal entity, you have the full capacity and authority to enter into this agreement on behalf of such company or legal entity, and in such event, “you” and “your” will refer and apply to that company or legal entity.
    • All information you submit is accurate, current, and complete.
    • You will maintain the accuracy and completeness of such information.
    • You possess the legal authority to create a binding legal obligation.
    • You also certify that you are legally permitted to use and access our Services and take full responsibility for the selection and use of and access to the Services.
    • If you have an account with SoldoutNight (“Account”), you will safeguard your account information and will be responsible for any use of your Account by you and anyone other than you.
    • You will only use our Services to make legitimate reservations and report expenses for yourself, another member of your travelling party, or another person for whom you are legally authorized to act.
    • You will inform such other person(s) about the Terms and Privacy Policy that apply to the reservations you have made on their behalf.

    By using and accessing SoldoutNight, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any information submitted via SoldoutNight may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

    We retain the right at our sole discretion to deny access to anyone to our Services, at any time and for any reason, including, but not limited to, for violation of our Terms.

  • General Prohibitions

    You agree not to do any of the following:

    • Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from our Services, or use our Services in any way other than through our publicly supported interfaces;
    • Use, display, mirror, frame or otherwise incorporate any part of the Services into any other website, mobile application, product or service without our prior written authorization;
    • Use any robots, spider, crawler, scraper or other automated means or processes to access, collect or harvest data or other content from or otherwise interact with the SoldoutNight platform for any purpose;
    • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    • Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    • Plant malware or use our Services to distribute malware;
    • Deep-link to any portion of the Services for any purpose without our express written permission;
    • Use the Services or their contents for any commercial purpose;
    • Use the Services in a manner that violates any travel, expense or similar Privacy Policy related to your employment;
    • Make any speculative, false, or fraudulent reservation or expense report;
    • Impersonate or misrepresent your affiliation with any person or entity;
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any user or staff member of the Services;
    • Post, upload, publish, submit or transmit any content that:
      • Infringes or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or
      • Is fraudulent, false, misleading or deceptive
    • While you may make limited personal copies of your itinerary for reservations booked through the Services or copies of your expense reports, 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 the Services; and
    • Encourage, induce or enable any other individual or entity (whether directly or indirectly) to do any of the above.

    If we believe your booking or Account shows signs of fraud, abuse or suspicious activity or non-compliance with the Terms, we may suspend or terminate any Services including but not limited to cancel any travel or service reservations associated with your name, email address or Account, remove or cancel any incentive offers related to such travel or service reservations, and close any associated accounts. Such suspension or termination shall be without prejudice to any other rights or remedies then or thereafter available to us at law or equity.

    We also reserve the right to take any necessary legal action. To contest the cancellation of a booking, suspension or termination of your Account, please contact our customer support team.

  • Subscriptions

    Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You may be billed per trip booked or in some instances in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan or service you select.

    At the end of each Billing Cycle, your subscription or service will automatically renew under the same conditions unless you cancel or we cancel it. You may cancel your subscription or service renewal either through your online Account management page or by contacting our customer support team.

    A valid payment method, including credit card or PayPal, is required to process the payment for your subscription or service. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your Account to any such payment instruments.

    Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a specific deadline, with the full payment corresponding to the billing period as stated on the invoice. We retain the right to suspend or cancel your subscription and service if you fail to make payment of our electronic invoice by the stipulated deadline therein.

    We may, at our sole discretion and at any time, may modify the subscription or service fees for the subscriptions and services. Any subscription or service fee change will become effective at the end of the then-current Billing Cycle.

    We will provide you with a reasonable prior notice of any change in subscription and service fees. Your continued use of the services after the subscription or service fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

    Except when required by law, paid subscription or service fees are non-refundable.

  • Free Trial

    We may, at our sole discretion, offer a Subscription or Serives with a free trial for a limited period ("Free Trial"). You may be required to enter your billing information to sign up for the Free Trial.

    If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

    At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer at our sole discretion.

  • Prices and Crossed-Out Rates

    All rates shown on soldoutnight.com are real time rates linked through GDS (Global Distribution System) and third party rate suppliers including direct connect to suppliers such as airlines, hotels and car rentals.

    All rates may fluctuate and are subject to change via supplier back end.

  • Accounts

    When you create an Account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account or our Services.

    You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

    SoldoutNight reserves the right to conduct verification and security procedures in respect of all information provided by you to us. If we have reason to believe that any information and/or personal particulars provided by you in registration or through the Services breaches or is likely to breach any of the Terms, we reserve the right to limit, suspend, deactivate, or terminate your Account. Any reinstatement of your Account shall be in our sole discretion.

    If you have reason to believe that our suspension, deactivation or termination of your Account is wrong, you may contact us at support@soldoutnight.com at this number +63 2 899 3965.

    Providing sufficient details as follows:

    • your particulars, including your full name, address, telephone number, and email address such that you may be contacted about your notice;
    • a description and particulars of the complaint; and
    • a signed statement that the above information is accurate.
  • Supplier Rules and Restrictions

    When you access or book travel related services on our platform, we facilitate your bookings with the travel suppliers ("Suppliers") such as airlines, hotel, property owners, insurance, car rental, ground transportation, activities, online travel agencies, intermediaries, and resellers who will fulfill your travel reservations. These Suppliers are independent contractors and not agents or employees of SoldoutNight. We are not responsible and have no liability to you in respect of such bookings regardless of any unforeseen circumstances including but not limited to delays, cancellation, force majeure, strike and overbooking. Each Supplier may also have different policies regarding cancellation, modification and refunds for bookings and reservation. Please ensure you read the full terms and conditions issued by the Supplier and that you agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal.

    You acknowledge and agree that all charges, taxes and other costs relating to your bookings are payable by you to the Supplier at the point requested by the Supplier.

    If the Supplier offers a “Buy Now, Pay Later” option at the point of making your reservation and you select this option, you may be required to provide valid credit card details to secure your reservation. Should you fail to fulfill your reservation with the Supplier (“No Show”), the Supplier may charge you for the full amount of your reservation in accordance with its terms and conditions.

    You agree to pay any fees that you may incur imposed by the Supplier relating to your cancellation, modification of or “No Show” reservations.

    You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

  • Fees, Currency Conversion

    In the event that the Suppliers’ terms of use allow cancellation or modification of your reservation, SoldoutNight reserves the right to charge an administrative fee to facilitate the issuance of refunds from the Supplier or modified itineraries (where applicable).

    Rates listed on the SoldoutNight platform can be converted into different currencies. The rates listed are subject to daily currency fluctuations, processing fees. Actual rates may vary. SoldoutNight retains the right to round up the nominal amounts to the nearest five cents.

  • Fees, Currency Conversion

    In the event that the Suppliers’ terms of use allow cancellation or modification of your reservation, SoldoutNight reserves the right to charge an administrative fee to facilitate the issuance of refunds from the Supplier or modified itineraries (where applicable).

    Rates listed on the SoldoutNight platform can be converted into different currencies. The rates listed are subject to daily currency fluctuations, processing fees. Actual rates may vary. SoldoutNight retains the right to round up the nominal amounts to the nearest five cents.

  • International Travel

    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. We are not responsible and shall not be liable if you are refused entry into any country.

  • Intellectual Property Rights

    The Services and its original content, features and functionality are and will remain the exclusive property of SoldoutNight, Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SoldoutNight, Inc.

  • Links to Other Websites

    Our Services may contain links to and from third party websites. If you follow a link to any of these websites, please note that we are not responsible for the content, privacy or security practices and policies of those websites or services and do not endorse their content or privacy policies (if any). To protect your information, we recommend that you carefully review the privacy policies of other websites and services that you access.

  • Termination

    We may terminate or suspend your Account immediately, without prior notice or liability under such certain circumstances at our own discretion, such circumstances shall include (but is not limited to):

    • breaches or violations of the Terms or other incorporated documents, guidelines or rules;
    • request by law enforcement or other government agencies;
    • self-initiated account deletions;
    • infringement of our intellectual property rights;
    • discontinuance or material modification to SoldoutNight’s Services, or part thereof; or
    • unexpected technical or security issues or problems.

    Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you may discontinue using the Services.

    Termination of your Account shall result in:

    • removal of access to and barring of further use to all the Services that are associated with such your Account; and
    • deletion of your password and all related information, files and content associated with or inside your Account (or part thereof).

    Termination of your Account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

  • Indemnity and Limitation of Liability

    You agree and undertake to hold completely harmless and keep us and our affiliates, officers, agents or other partners, and employees (collectively, the “Indemnified Parties”), fully and effectively indemnified against any and all losses, costs, damages, claims, demands, actions, proceedings, liabilities and expenses whatsoever (including but not limited to all legal costs on a full indemnity basis) that may be made against or suffered or incurred by us or any of the Indemnified Parties arising out of or in connection with:

    • Your access to or use of our Services;
    • Your breach of these Terms or our Privacy Policy; and/or
    • Your breach of any laws, regulations or third party rights.

    In no event shall SoldoutNight, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

    The SoldoutNight, Inc. and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the SoldoutNight, Inc. and their partners. All such information, software products, and services are provided “as is” without warranty of any kind. SoldoutNight, Inc. and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the SoldoutNight, Inc. and/or their respective suppliers are free of viruses or other harmful components. SoldoudNight, Inc. and their respective suppliers hereby disclaim all warranties and conditions with regards to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

    If, despite the limitation above, the SoldoutNight, Inc. or their respective suppliers 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 the liability of the SoldoutNight, Inc. and/or their respective suppliers will in no event exceed, in the aggregate, the greater of the service fees you paid to SoldoutNight, Inc. in connection with such transaction(s) on this Website.

  • Disclaimer

    Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

    SoldoutNight, Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

  • Death (for individuals)

    Any account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your Account will be terminated and all content that you have generated in your Account will be permanently deleted.

  • Severance

    If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

  • No Partnership or Agency

    Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

  • Third Party Rights

    A person who is not a party to these Terms shall not have any rights to enforce its terms.

  • Governing Law and Jurisdiction

    These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of Canada.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

  • Amendments to the Terms

    We may periodically revise our Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use our Services after revisions become effective, you agree to the revised Terms. If you do not agree to the revised Terms, please stop using our Services.

  • Contact Us

    If you have any questions or need to contact us about these Terms, please contact us by email at support@soldoutnight.com or contact us at this number +63 2 899 3965.