GENERAL TERMS OF SERVICE

Preamble

DAY USE SAS (hereinafter “DAYUSE”), a French joint stock company registered in the Register of Commerce and Companies (RCS) of Paris since 21/09/2010 under the number 524 948 924, with € 48 066 080,40 of share capital, with its registered office at 2/4/6 Boulevard Poissonnière 75009, provides an online platform available on the website dayuse.com and the DAYUSE mobile app for daytime hotel bookings in 25 countries. 

The purpose of these General Terms of Service (hereinafter “General Terms”) is to govern the use by the customer (hereinafter “Customer”) of the DAYUSE Platform and its services.

1. DEFINITIONS

These definitions apply to the General Terms in their entirety:

“DAYUSE Platform” means the DAYUSE website, mobile website and application through which a Customer may access the services offered and make a booking;

“Hotel” means the hotel establishment partnering with DAYUSE whose offer or offers are available for booking on the DAYUSE Platform. Hotels have ratings of between 3 and 5 stars and are selected according to DAYUSE’s quality criteria;

“Service” means the room, activity or area booked at the Hotel for a specific time slot;

“Offer” means the Service(s) available at a Hotel and the associated terms of use. Each Offer shall state the components of the Service, its time slot, its price, the facilities accessible and the Add-ons available. An offer can include a Room offer only or a  Daypass offer.

“Booking” means the Offer booked by the Customer on the DAYUSE Platform and any added Add-ons; 

“Privacy Policy” means our personal data processing policy which states how we process personal data in accordance with current regulations and our cookie policy. It can be viewed on our website;

“Add-on” means any product or service which can be added to a Booking and which may entail an additional cost. These may include, without being limited to: love boxes, drinks, snacks, parking spaces, meeting rooms, etc;

“Taxes” means the taxes that apply to some of our Offers, which are payable to the Hotel directly. These are Taxes that are charged by the Hotel in accordance with its policy or taxes that are charged locally in accordance with local laws and customs. VAT and booking fees are not included in these Taxes;

“Room offer” means the offer that allows guests to book an accommodation in the Hotel for a specific time slot during the day; 

“Daypass offer” means the offer that allows guests to reserve access to the hotel's swimming pools, spas, or beach club without booking a Room offer. 

Defined terms have the same meaning whether they are used in the singular or the plural. 

2. ​​GENERAL ASPECTS

The Customer undertakes without reservation to comply with these General Terms. The General Terms shall take precedence over any contractual or non-contractual document that may have been exchanged between the Customer and DAYUSE (hereinafter collectively “Parties”). 

These General Terms have the force of a legal contract between the Parties.

The General Terms applicable between the Parties are the General Terms in force on the date when the Booking is confirmed by the Customer on the DAYUSE Platform. 

When booking on the Dayuse Plateform, the Hotel is responsible for ensuring that the reservation is fulfilled correctly, Dayuse only acts as an intermediary. 

3. ACCESS TO THE WEBSITE AND APPLICATION

The DAYUSE Platform may be accessed free of charge in any location by a user who has Internet access. The services offered on the DAYUSE Platform may only be used by adults. 

The mobile application is accessible on iOS and Android. 

The user has access to the whole website but can create a customer account to make Bookings easier and access more functionalities.

Access to the DAYUSE Platform enables the user:

- to make bookings at Hotels in 25 different countries:

- to search for specific services at Hotels;

- to view the availability and booking rates of Hotels.

4. CUSTOMER ACCOUNT

4.1 The Customer can create a user account by clicking on the “My Account” button. They must then enter an email address and a password that will become their login details to access their customer account. Through their customer account, the Customer can access current or future Bookings and their booking history.

4.2 The Customer can access their personal details in their customer account and change them at any time. For security reasons, the email address linked to the account cannot be changed by the Customer in their account. To change the email address linked to an account, please send us a request at contact@dayuse.com or dataprivacy@dayuse.com. We will then delete the account so that a new one with a new address can be created.

4.3. The Customer can delete their account if they wish in the application via the account deletion section or by sending an email to dataprivacy@dayuse.com in accordance with our Privacy Policy. The account cannot be deleted if a Booking made from the account is currently taking place or due to take place in the future. Deletion of an account results in anonymisation of the personal data associated with it. 

5. BOOKING

5.1 The Customer must confirm that they are over the age of 18 for the purposes of making a Booking. The Hotel is not obliged to honour a Booking if the Customer is a minor.

5.2 The Customer may make a Booking with a Hotel in any territory where DAYUSE is present. They can search by city, hotel or criteria or use their location in order to find Offers within their geographical area. It is not mandatory to create a DAYUSE customer account in order to be able to make a Booking. To make a Booking, the Customer must select the chosen Offer corresponding to a Service. Add-ons may also be added. Each Offer shall state the available Add-ons. The price of these services shall be indicated and added to the Booking when the selection is made. In order to finalise the Booking, the Customer must provide their contact details including their email address. The Customer can confirm their Booking after checking the summary. When the Booking is confirmed, a confirmation email is sent to the Customer at the address provided. If no email is received, the Customer is invited to look in the junk folder of their email account. The Customer must keep their Booking details so that they can present them at the Hotel.

5.3 The Customer may make a special request or provide further details to the Hotel before confirming their Booking. If the number of guests exceeds the number of available bedspaces, the Customer must specify the number of guests as a special request. The request will be considered subject to the Hotel’s capacity or terms. In this event, the Hotel reserves the right to refuse the request, and where appropriate, DAYUSE shall inform the Customer as soon as possible before the day of their Booking that their request cannot be granted.

5.4 If a  Customer books a Daypass offer, they cannot book a Room offer at the same time. The two Offers cannot be combined. 

5.5 In accordance with our Privacy Policy, DAYUSE may contact the Customer in order to carry out satisfaction surveys or confirm information about the Booking made, solely for the purpose of improving its service.

6. PRICES AND RATES

6.1 The price stated in the Hotel’s Offer is the price of the Service “Rates”, to which reservations  fees and Taxes may be added depending on the Offer. The price of any Add-ons selected shall be added to the total amount of the Booking.

6.2 Reservation fees may apply at some Hotels. Where they are applicable, these fees shall be indicated as a “Prepayment” in the Offer and must be paid at the time of the Booking on the DAYUSE Platform or at the time of check-in.

6.3 Additional Taxes may be applied to some Offers, and where applicable, they are indicated in the Offer summary. The amounts of these Taxes are given in the Offer for indicative purposes only and shall not be binding on DAYUSE. The amounts of these Taxes are communicated to DAYUSE by the Hotel itself, and DAYUSE cannot be held liable if the amount stated in the Offer is inaccurate.

6.4 On arrival at the Hotel, the Customer may be asked to pay a deposit depending on the Hotel’s terms, this shall be stated in the Offer. If a deposit is paid by bank card, it shall be paid back to you when you leave as per the general terms and conditions of your card. 

7. PAYMENT TERMS

7.1. Payment arrangements vary between Offers according to the Hotel and whether or not booking fees apply. Payment can be made in the following ways:

- The Customer pays nothing when confirming their Booking on the DAYUSE Platform and pays the full price of their Booking including any booking fees to the Hotel directly when checking in;

- The Customer only pays the booking fee on the DAYUSE Platform and the rest of the price of the Service is paid at the Hotel when checking in.

At the time of each Booking, the payment and cancellation terms shall be stated in the Offer. 

7.2 Payments at the Hotel can be made by bank card, in cash or by cheque up to the limit set by each Hotel. The arrangements for paying at the Hotel shall be stated for each Offer. The payment made to the Hotel shall be made as per the Hotel’s payment terms and DAYUSE cannot be held responsible for this. The final invoice may be given to the Customer by the Hotel upon request.

7.3 If fraud or a payment not authorised by the Customer is suspected, the Customer must contact DAYUSE as quickly as possible.

8. CANCELLATIONS AND CHANGES

8.1 The Customer may cancel or modify the reservation at any time up to two hours before check-out free of charge. 

Customers are advised to check the cancellation policy of the hotel in question.

8.2 A non-cancellable and non-modifiable reservation may exceptionally be canceled or modified in cases of Force Majeure. To cancel due to exceptional circumstances, the Customer is invited to contact customer service, which will review the request. Customer service may request supporting documentation depending on the Force Majeure invoked.

Cases of Force Majeure apply to the following events, whose occurrence may affect a hotel or a customer:

• Natural disasters: earthquakes, volcanic eruptions, typhoons, floods, etc.;
  Fires, explosions (chemical, nuclear, biological);

• Wars, acts of terrorism, riots, military operations;
  Strikes, major transportation disruptions, airport closures;

• Lockdowns or local/national states of emergency;
  Decisions issued by national or regional authorities;

• Large-scale utility outages (electricity, water);

• Epidemics, pandemics, public health emergencies.
  
  

8.3 The Customer may cancel or modify a non-cancellable/non-refundable reservation in case of exceptional circumstances such as:

• Death of the Customer or a close relative; 

• Hospitalization of the Customer or a close relative.
  
  

Customer Service may request supporting documentation depending on the exceptional circumstances invoked.

9. THE CUSTOMER’S OBLIGATIONS

10.1 The Customer undertakes to arrive at the Hotel on the day and at the time of their Booking or to cancel the Booking through the DAYUSE Platform. If the Customer fails to arrive at the Hotel without having cancelled in advance, any payment or prepayment already made shall not be refunded.

10.2 The Customer undertakes to comply with the terms of their Booking, including the check-in and check-out times.

10.3 The Customer undertakes to comply with the internal regulations of the Hotel that takes the Booking and to respect its staff. The Customer shall be solely responsible for their actions at the Hotel and for any persons accompanying them during the Booking.

10.4 The Customer undertakes to use the services of DAYUSE in accordance with the applicable laws and regulations in force during their Booking. The Hotel shall be exempt from providing the service if staff of the Hotel find that there has been behaviour contrary to the applicable laws and regulations or its internal regulations.

10.5 When checking out, the Customer shall confirm that they have paid for anything they may have consumed at the Hotel in accordance with the Hotel’s policy. DAYUSE may contact the Customer on the Hotel’s behalf in the event of non-payment.

10.6 If damage or losses are suffered by the Hotel, the Customer undertakes to compensate the Hotel for its loss or to reimburse it for the resulting costs in accordance with the Hotel’s policy.

10.7 The Customer may be blacklisted for failure to perform their obligations under this clause. Once blacklisted, the Customer can no longer make any Bookings or use the services of DAYUSE. The Customer can appeal the blacklisting by contacting our customer service department. The latter may, at its discretion, remove the Customer from the blacklist after considering their situation.

10. OBLIGATIONS AND LIABILITY OF DAYUSE

11.1 DAYUSE acts as an interface between its users and partner hotels. DAYUSE undertakes to send the Hotel all information necessary for the Customer’s Booking to go smoothly. DAYUSE’s liability is limited to the provision of the intermediary service.

11.2 The Hotel’s services are governed by its own terms of sale and its internal regulations. DAYUSE cannot be held liable for inadequate performance or inadequate provision of the Hotel’s services. DAYUSE cannot be held liable for inadequate performance resulting from causes over which DAYUSE cannot reasonably have any control and which are unattributable to it or constitute force majeure as defined by law.

11.3 DAYUSE shall not be liable for any damage, incident, loss or theft that may occur during the Customer’s stay at the Hotel. DAYUSE cannot be held responsible for any incident, accident or other event contrary to current regulations that occurs at the Hotel. DAYUSE strongly condemns all illegal activities and practices contrary to the applicable laws and regulations and undertakes to cooperate with the competent authorities if there are any indications of fraud, trafficking or other illegal activities detected during the course of the services provided by DAYUSE or at the Hotel, in accordance with our privacy policy and all regulations applicable to personal data.

11. ASSISTANCE AND COMPLAINTS 

12.1 For any difficulty during the Booking or upon arrival at the Hotel, the Customer can contact our customer service department: 

• by telephone: +33 1 76 38 13 63 (the price of a local call may vary from country to country); 

• by email: contact@dayuse.com. 

To enable us to deal with requests as quickly as possible, the Customer should provide the following details: 

• booking number; 

• customer account number, if any; 

• email address; 

• any documents that may help us to handle their request. 

The customer service department reserves the right to carry out all necessary checks, including on the identity of the person who makes the request or the information given in relation to the complaint. The customer service department is not authorised to pass on information to third parties in accordance with the applicable personal data protection laws and regulations. 

12.2 The customer service department shall consider every request or complaint and decide, at its discretion, in light of the inconvenience caused, what action should be taken, if any. 

12.3 Cancellation of Booking by the Hotel - If the Hotel informs DAYUSE that it cannot provide the Service and honor the Booking before the day of check-in but less than 72 hours in advance, DAYUSE shall find an equivalent Service at an equivalent Rates. If there is a difference in rates with respect to the original Booking, DAYUSE shall refund the difference. If no alternative Service is available, DAYUSE shall offer the Customer compensation decided on a case-by-case basis. This provision does not apply to any new bookings made by the Customer independently with no involvement from DAYUSE. 

12.4 Refusal upon arrival at the Hotel - If the Hotel cannot take or rejects the Booking when the Customer arrives at the Hotel and equivalent alternative accommodation or equivalent Service in the same geographical area is offered by the Hotel, the resulting additional travel costs shall be refunded by the Hotel. 

If the Hotel cannot offer equivalent alternative Services, including a room of equivalent category or equivalent Daypass, the Customer is invited to contact the customer service department at the contact address and number specified above. Dayuse shall look for alternative accommodation for the Customer at an equivalent hotel which is close to the chosen Hotel and as similar as possible to the Booking with an equivalent Service, subject to daytime availability. If there is a difference in price with respect to the Booking, we shall refund the difference. 

If the Customer contacts DAYUSE outside of its opening times and DAYUSE cannot deal with their request, the Customer can contact the customer service department by email in order to inform us of the issue. If the Customer needs to go to another hotel or make another booking at an equivalent hotel providing an equivalent Service without Dayuse’s assistance, we undertake to refund the difference. We reserve the right to refuse to give a refund if we judge it to be disproportionate to the original Booking. 

12.5 Overpayment to Hotel - If the payment requested at the Hotel does not match the Rates given on the DAYUSE Platform, any overpayment or expenditures not foreseen for the selected Service and access to the facilities shall be refunded. 

This provision does not apply to differences relating to Taxes that fall under provision 6.3. This provision does not apply to drinks or additional items requested or ordered by the Customer at the Hotel. 

12. PERSONAL DATA

DAYUSE processes personal data in accordance with current regulations. The Customer is invited to read the Privacy Policy in order to understand how their personal data are processed.

13. APPLICABLE LAW AND COURTS WITH JURISDICTION

These General Terms are governed by French law.

Any dispute over the formation, interpretation or performance of these General Terms shall be subject to the sole jurisdiction of the courts of Paris even where there are multiple defendants or a third party is joined to the proceedings.

14. DISPUTE RESOLUTION

If you have any complaints, we invite you to contact our customer service department.

If the dispute cannot be resolved amicably between the Parties, in accordance with Article L612-1 of the French Consumer Code, the Customer may have recourse, free of charge, to a consumer mediator in order to resolve their dispute with the trader amicably.

For any dispute over the performance of this contract, the Customer may have recourse to the consumer mediator with whom DAYUSE is affiliated.

You may submit your request to:

If you reside in a country within the European Economic Area, you may use the European dispute resolution platforms: https://ec.europa.eu.