Terms of service

Last Updated: 21 Oct, 2024

Welcome, and thank you for your interest in DirectBooker, Inc. (“DirectBooker,” “we,” or “us”) and our website, listings, and search tools available at www.directbooker.com, along with our related websites and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and DirectBooker regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

By accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, the following terms and conditions, including DirectBooker’s Privacy Policy (together, these “Terms”). Your use of the Service, and DirectBooker’s provision of the Service to you, constitutes an agreement by DirectBooker and by you to be bound by these Terms.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DIRECTBOOKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Your Right to Use the Service

Limited License. Subject to your complete and ongoing compliance with these Terms, DirectBooker grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) attempt to make modifications to the Service; or (c) interfere with or circumvent any feature of the Service. If you are prohibited under applicable law from using the Service, then you may not use it.

Feedback. We respect and appreciate thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant DirectBooker an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

DirectBooker Owns the Service. The Service is owned and operated by DirectBooker. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by DirectBooker (“Content”) are protected by intellectual property and other laws. All Content included in the Service are the property of DirectBooker or its third-party licensors. Except as expressly authorized by DirectBooker, you may not make use of the Content. There are no implied licenses in these Terms and DirectBooker reserves all rights to the Content not granted expressly in these Terms.

Bookings Made Through Third-Party Websites

Accommodation Websites. DirectBooker is an Accommodation search and discovery service and does not make Bookings or collect payments from you. DirectBooker does not control the content of third-party websites linked from the Service, and such third-party websites (and any services provided therethrough, including any services related to Bookings or Accommodations) are not under DirectBooker’s control. DirectBooker is not responsible for (a) the Booking, (b) the content of any website to which the Service contains a link, or (c) any Provider’s or other third-party’s use of information you provide to DirectBooker for dissemination to a third party, or information you provide through a third-party website (including payment information and other personal information).

Third-Party Terms. DirectBooker has no liability to you in respect of any Booking and is not a party to the terms applicable to Bookings. Those terms are between you and the Provider or other third party. It is your responsibility to review and understand the legal terms for each third-party website, Accommodation, and Booking to which you are directed through the Service, including any terms of use, terms of sale, and privacy policy, and ensure that the terms (including payment amounts, refund policies, and the timing of payment) are acceptable to you. If you share information with us for the purpose of enabling us to contact a Provider on your behalf, you authorize us to share such information with the Provider and agree that such information will be subject to the terms promulgated by the Provider and not DirectBooker.

Listing Accuracy. DirectBooker relies on third-party sources, including Providers, to provide the information displayed on the Service concerning Accommodations. Accordingly, information displayed on the Service may not accurately or completely reflect an Accommodation (including with respect to dates of availability, features, location, pricing, visual appearance and other characteristics of such Accommodation) or may be out-of-date. Prior to making a Booking, it is your responsibility to verify directly with the Provider that the characteristics and terms applicable to the Booking are acceptable to you.

Disputes with Providers. You acknowledge and agree that the Service is a search tool and that DirectBooker does not exercise control over, and makes no representations, warranties, or other guarantees with respect to, the Accommodations displayed on the Service. Issues related to your Bookings, including any failure by a Provider to deliver expected services, subpar experiences, or disputes concerning payment are entirely between you and the applicable Provider and you agree that DirectBooker is not responsible for the acts or omissions of a Provider.

Prohibited Conduct.

BY USING THE SERVICE, YOU AGREE NOT TO:

Modifications to these Terms. 

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately on a going-forward basis. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 7 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

Term, Termination, and Changes to the Service

Term. These Terms are effective beginning when you access or use the Service or otherwise accept the Terms, and ending when terminated as described in Section 8.2 (Termination).

Termination. If you violate any provision of these Terms, then these Terms automatically terminate, and you no longer have our permission to access or use the Service. In addition, DirectBooker may, at its sole discretion, terminate these Terms or your access to the Service at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.

Modification of the Service. DirectBooker reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. DirectBooker will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify DirectBooker, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “DirectBooker Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including any Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

No Warranties by DirectBooker

THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ALL INFORMATION CONCERNING ACCOMMODATIONS, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DIRECTBOOKER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL CONTENT AND INFORMATION (INCLUDING ACCOMMODATION DESCRIPTIONS, PRICING INFORMATION, AND PHOTOGRAPHS) AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DIRECTBOOKER DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, CONTENT, OR INFORMATION OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DIRECTBOOKER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DIRECTBOOKER ENTITIES OR ANY CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DIRECTBOOKER ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH PROVIDERS, ACCOMMODATION OWNERS, OR OTHER THIRD PARTIES CONTROLLING WEBSITES AND SERVICES LINKED FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

DIRECTBOOKER DOES NOT CONTROL OR ENDORSE ANY ACCOMMODATIONS OR PROVIDERS. IT IS THE SOLE RESPONSIBILITY OF THE PROVIDER OR ITS PARTNERS, AFFILIATES, OR AGENTS TO PROVIDE THE BOOKING AND ANY RELATED SERVICES FOR WHICH YOU CONTRACT. DIRECTBOOKER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES CONCERNING ACCOMMODATIONS AND BOOKINGS.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 10 (DISCLAIMERS; NO WARRANTIES BY DIRECTBOOKER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DirectBooker does not disclaim any warranty or other right that DirectBooker is prohibited from disclaiming under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DIRECTBOOKER ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DIRECTBOOKER ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 12.5 (COMMENCING ARBITRATION) AND 12.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DIRECTBOOKER ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIRECTBOOKER ENTITIES WILL NOT BE LIABLE FOR: (A) ANY BOOKINGS YOU MAKE AS A RESULT OF YOUR ACCESSING OR USING THE SERVICE; (B) THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY PROVIDER, OR (C) ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES ARISING OR RESULTING FROM THE FOREGOING. ANY DISPUTE BETWEEN YOU AND A PROVIDER OR OTHER THIRD PARTY INTRODUCED TO YOU THROUGH THE SERVICE IS DIRECTLY BETWEEN YOU AND SUCH PROVIDER OR OTHER THIRD PARTY, AND YOU AGREE THAT THE DIRECTBOOKER ENTITIES HAVE NO LIABILITY FOR CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration

Generally.Except as described in Section 12.2 (Exceptions) and 12.3 (Opt-Out), you and DirectBooker agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DIRECTBOOKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 12 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to DirectBooker, Inc., Attention: Legal Department – Arbitration Opt-Out, 10 Court St, Suite 214, Arlington, MA 02476 that specifies: your full legal name and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once DirectBooker receives your Opt-Out Notice, this Section 12 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 13.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting DirectBooker.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). DirectBooker’s address for notice is: DirectBooker, Inc., 10 Court St, Suite 214, Arlington, MA 02476. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or DirectBooker may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, DirectBooker will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if DirectBooker has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or DirectBooker must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in Section 12.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by DirectBooker before an arbitrator was selected, DirectBooker will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND DIRECTBOOKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DirectBooker agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If DirectBooker makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to DirectBooker’s address for Notice of Arbitration, in which case you must immediately cease use of the Service and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If Section 12.8 (No Class Actions) or the entirety of this Section 12 (Dispute Resolution and Arbitration) is found to be unenforceable, or if DirectBooker receives an Opt-Out Notice from you, then the entirety of this Section 12 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 13.2 (Governing Law) will govern any action arising out of or related to these Terms.

Miscellaneous

General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and DirectBooker regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and DirectBooker submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

Privacy Policy. Please read the DirectBooker Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The DirectBooker Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information. The Service is offered by DirectBooker, Inc., located at 10 Court St, Suite 214, Arlington, MA 02476. You may contact us by sending correspondence to that address or by emailing us at [help@directbooker.com].

Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

No Support. We provide no support for Bookings or Accommodations, and are under no obligation to provide support for the Service. In instances where we may offer support for the Service, such support will be subject to published policies.

No Use Where Prohibited. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.