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Terms of Use


Nustay reserves the right to modify these Terms of Use, and your continued use of this Site will be conditioned upon the Terms of Use in force at the time of your use.

More information about Nustay may be found atAbout us

Terms and Conditions


Copyright Notice

You acknowledge that all content included on this Site, including, without limitation, the information, data, Software (as defined below), photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Nustay and/or various third-party providers ("Providers"). Your reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to all applicable laws.

Copyright Complaint Policy

If you believe in good faith that materials hosted by us on the Site infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Site should be sent by email to info@nustay.com.
We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be subject to civil liability if you make a false claim of copyright infringement.

Software Available On This Site

Any software that is made available to download from this Site ("Software") is the copyrighted work of the Nustay Companies and/or our respective Providers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Site not accompanied by a License Agreement, we hereby grant to you, the User, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Nustay Companies and/or our respective Providers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.

Corporate Identification and Trademarks

All Content of this Site are: © 2015 Nustay ApS. All rights reserved. Nustay, ApS is not responsible for content on websites operated by parties other than Nustay ApS and the Nustay logo are either registered trademarks or trademarks of Nustay, ApS ("Trademarks"). Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Images on the Site are incorporated for viewing purposes only and may not be saved or downloaded in any format.

You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Nustay's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.

Use of the Site

You represent and warrant that you: (i) are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site; (ii) you will use this Site in accordance with these Terms of Use and for lawful purposes only; (iii) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act. You further agree to promptly update your membership information in order to keep it current, complete and accurate. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Use Restriction

This Site is intended for personal, non-commercial use. Whether or not you have a commercial purpose, you agree not to:

  1. Use robots, spiders, scrapers or other automated means or any manual process to access monitor or copy any content or information of this Site, without Nustay's prior express written permission
  2. Bypass, circumvent or otherwise violate any restrictions in any robot exclusion headers or other measures used to control access to this Site
  3. Take any action that imposes, or may impose, in the discretion of Nustay, an unreasonable or disproportionately large load on the Site infrastructure
  4. Deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without Nustay's prior express written permission or (or??)
  5. "frame", "mirror" or otherwise incorporate any part of this Site into any other Web site without our prior written authorization.

You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Nustay's prior written consent is prohibited. In particular, you agree not to use, reproduce, modify, adapt, translate, copy, distribute, transmit, publish, license, create derivative works from, publicly display, perform, transfer, or sell or re-sell any information, Software, products, or services obtained from this Site except as so expressly permitted by Nustay.

Provider Rules And Restrictions

Additional Provider terms and conditions may apply to your reservation and purchase of products and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Provider's rules and restrictions regarding availability and use of fares, products, or services.

You understand that any violation of any Provider's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable 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.

Accommodation Locations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge Users to review travel prohibitions, warnings, announcements and advisories issued by their government prior to booking accommodation, particularly when travelling to international destinations.

By offering for sale accommodation in particular destinations, we do not represent or warrant that travel to such points is advisable or without risk, and the Nustay Companies are not liable for damages or losses that may result from travel to such destinations.

Reviews, Comments And Other Submissions

We may encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please be aware that by submitting content to this Site by electronic mail, postings on the Site or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant the "Nustay Companies and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Nustay Affiliates") a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, copy, distribute, transmit, publish, create derivative works from and publicly display, perform and transfer such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Nustay may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Nustay the right to pursue at law any person or entity that violates your or Nustays rights in the Submissions by a breach of this Agreement (as defined in Entire Agreement below). You acknowledge and agree that Submissions are non-confidential and non-proprietary. Nustay does not edit the Submissions and to the fullest extent permitted by law Nustay will not be in any way responsible or liable for any Submissions posted or submitted by you or their subsequent use or distribution. We have no obligation to post your Submissions; we reserve the right in our absolute discretion to determine which Submissions are published on the Site. We reserve the right for any reason in Nustays sole discretion to refuse to post or remove (without notice) any Submissions. Amongst other things, this includes situations where Nustay receives a third party complaint and/or has reason to believe that there has been a breach of these Terms of Use If you do not agree to these Terms of Use, please do not provide us with any Submissions. In addition, Nustay does not verify, endorse or approve the views or comments expressed in any Submissions, which are the personal views of the individuals submitting them. Any decisions made on the basis of others Submissions made appearing on the Site are taken at your own risk.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Nustay programs.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Site). You are prohibited from, and you represent and warrant that you shall not undertake the, posting or transmitting to or from this Site of: (i) Submissions which are intentionally or recklessly posted that could cause injury or offend any person or their business and in particular any untrue, malicious, unlawful, threatening, libelous, defamatory, obscene, pornographic abusive material or content or material or content which could reasonably be taken as such; (ii) other material or content that would violate rights of publicity and/or privacy or that would violate any law; (iii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iv) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You further represent and warrant that: (a) you own or otherwise control all of the rights to the Submissions that you post; (b) as at the date of posting, the Submissions are accurate; and (c) you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Nustay may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

If you have a complaint about any Submissions posted on the Site you should put such complaint in writing (giving as much information as possible about the circumstances) to info@nustay.com. Nustay reserves the right to ask for further information in relation to the nature of any claim and, if necessary, may ask you to verify your identity.

Nustay's policies with respect to claims by third parties that the content of the Site, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms of Use.

Privacy

You confirm that you have read, understood and agree to the Nustay Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without representations, warranties or conditions of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no representation warranty, condition or guarantee is made by the Nustay Companies (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for products and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all Software, products or services associated with this Site will be errorfree; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Site; (vii) regarding the accuracy or content of any hotel ratings displayed on this Site which are intended as general guidelines only or, (viii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk. Changes are periodically added to the information in the Site. The Nustay Companies and/or their respective Providers may make improvements and/or changes on this Site at any time.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE NUSTAY COMPANIES, THE NUSTAY AFFILIATES AND THEIR RESPECTIVE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, SAVINGS OR OPPORTUNITIES), EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The hotels and other suppliers providing travel or other services through the Site are independent contractors and not agents or employees of the Nustay Companies and the Nustay Affiliates. The Nustay Companies and the Nustay Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such hotels and other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Further, the Nustay Companies and the Nustay Affiliates accept no responsibilities for, and will make no refund in the event of, any damage and/or delay due to Provider cancellations, overbookings, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Nustay Companies or the Nustay Affiliates control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The Nustay Companies and the Nustay Affiliates shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall the Nustay Companies or the Nustay Affiliates be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. The Nustay Companies and the Nustay Affiliates shall not be responsible for any Provider's failure to comply with these Terms of Use, nor for any Provider's failure to comply with applicable law including, without limitation, laws governing the sale, warranty and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Except in relation to liability for death or personal injury for which no limit applies, if, despite the limitation above, the Nustay Companies and the Nustay Affiliates or their respective Providers are found liable for any direct loss or damage whether based on contract, tort, strict liability or otherwise, which arises out of or in any way connected with any of the occurrences described above, then the Nustay Companies, the Nustay Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate for any one event or series of connected events, the greater of (a) the fee or charge you paid to Nustay in connection with such transaction(s) on this Site under which the claim arises, or (b) OneHundred Dollars (US$100.00). This does not affect your statutory rights as a consumer.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Nustay Companies and the Nustay Affiliates and/or their respective Providers.

Some national laws -to the extent their law might be deemed to apply- do not allow the limitation of liability, so the foregoing limitations might not apply to you. These Terms of Use and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms of Use applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Indemnification

You agree to defend and indemnify the Nustay Companies, the Nustay Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. Your breach of these Terms of Use or the documents referenced herein
  2. Violation of any law or the rights of a third party
  3. Your use of this Site or
  4. Your use of this Site for, or on behalf of, a Third Party

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources operated by parties other than Nustay, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Such links are provided for your reference only. None of the Nustay Companies and the Nustay Affiliates represents, warrants or guarantees the accuracy or completeness of the information or content included on the Web sites of these outside services and resources and is not responsible for your use of those Web sites. The outside services and resources are in no way related to Nustay, and are neither its employees nor agents. Nustay's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Payment Methods

All booking Requests must be submitted with a major credit card unless otherwise expressly stated.

Miscellaneous

The headings in these Terms of Use are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use. None of the Nustay Companies or the Nustay Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. Nustay may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Nustay Companies of the Nustay Affiliates as a result of this agreement or use of this Site

Any rights not expressly granted herein are reserved. For customer service issues, please contact info@nustay.com

Entire Agreement

These Terms of Use, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and Nustay relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. Nothing in this clause shall limit or exclude any liability for fraud. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of this Agreement is found to be invalid, illegal or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Prices

Prices are dynamic and vary based on the match between your profile and the hotel profile, date of booking, length of stay and hotel class. There is no guarantee that prices displayed in search results will be available until they are booked.

You acknowledge that the authorities in certain countries may impose certain additional taxes (tourist tax, etc), which have to be paid locally. You are exclusively responsible for paying such additional taxes.

You acknowledge that we do not collect taxes for remittance to applicable taxing authorities. The hotel Providers invoice us, including, where appropriate, tax amounts. The hotel Providers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges, which we charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of hotel reservation.

The Nustay Companies do not act as co-vendor with the Provider with whom we book or reserve our User's travel arrangements. Taxability and the appropriate tax rate vary greatly by location.

Hotel Booking Restrictions

Hotel bookings available through this Site are subject to the published rules of the applicable hotel. Nustay offers only one kind of rate. The following restrictions apply to all rates on Nustay:

  1. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party
  2. Once you book, your credit card will be charged for the amount shown even if you do not use the booking
  3. Bookings made through the Site are not eligible for hotel reward or club programs
  4. Nustay's minimum age requirement for checking into a hotel is 18
  5. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted and,
  6. Nustay rates do not include special fees charged by hotels upon check-out (e.g., energy charges, convention fees, resort fees, parking fees). Customers will be required to pay these fees directly to the hotels at check-out time

GOVERNING LAW AND VENUE

This Site and any affiliated sites is controlled from Nustays offices in Denmark. By accessing this Site or any affiliated sites you agree that the statutes and laws of the Kingdom of Denmark, without regard to the conflicts of laws principles and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Kingdom of Denmark with respect to such matters.

SERVICE PROVIDER

The Nustay Companies and the Nustay Affiliates are solely facilitators for the Providers. I.e. the Nustay Companies and the Nustay Affiliates do not sell the products or services in our own name. Thus the Nustay Companies and the Nustay Affiliates shall not be liable in any way for the Providers products and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of booking requests.

All claims must thus be directed directly to the Providers of the products and services facilitated on this site.