Last Revised on November 7, 2017
Welcome to the Nightlife Hotels website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", “Nightlife Hotels” and “Sp & Big Apple Inc." refer to Sp & Big Apple Inc., a New York corporation, and its subsidiaries and corporate affiliates. “Nightlife Hotels Partner” means any co-branded and/or linked website through which we provide links, content or service. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
As a condition of your use of this Website, you warrant that:
Nightlife Hotels is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Sp & Big Apple Inc. Legal: Arbitration Claim Manager,” at Sp & Big Apple Inc. 324 W 47th St, East Store, New York City, NY 10036. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise 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 this Website. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse or suspicious activity, Nightlife Hotels may cancel any travel or service reservations associated with your name, email address or account, and close any associated Nightlife Hotels accounts. If you have conducted any fraudulent activity, Nightlife Hotels reserves the right to take any necessary legal action and you may be liable for monetary losses to Nightlife Hotels, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Nightlife Hotels Customer Service.
Additional terms and conditions will apply to your reservation and purchase of travel—related goods 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 supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
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.
Nightlife Hotels is not liable for any costs incurred due to hotel relocation.
Travelers have many options on to help them find the perfect hotel or activity. The “sort” settings at the top of the page allows travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below:
Additionally, we continually optimize our service to provide the best experience to travelers. Accordingly, we may test different default sort order algorithms from time to time.
You acknowledge that the Nightlife Hotels Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that the Nightlife Hotels provide you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Nightlife Hotels Companies and the facilitation fee retained by the Nightlife Hotels Companies for their services. You authorize the Nightlife Hotels Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Nightlife Hotels Companies' services. You agree that your credit card will be charged by the Nightlife Hotels Companies for the total reservation price. Upon submitting your reservation request you authorize the Nightlife Hotels Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Sp & Big Apple Inc. Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the Sp & Big Apple Inc. Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Sp & Big Apple Inc. Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Sp & Big Apple Inc. Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Sp & Big Apple Inc. Companies 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 service fees as additional compensation in servicing your travel reservation. Service fees retained by the Sp & Big Apple Inc. Companies for their services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Nightlife Hotels by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Nightlife Hotels for your hotel booking.
With certain hotels, you may be presented with the option to pay online now or pay later at the hotel. If you select the “Pay Online Now” option, Expedia will charge the amount to your credit card in US dollars immediately. If you select “Pay Later at the Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between booking and stay.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Nightlife Hotels may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
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. Nightlife Hotels has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinsection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, Nightlife Hotels DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Sp & Big Apple Inc. Companies and Nightlife Hotels Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Nightlife Hotels expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Nightlife Hotels Companies and Nightlife Hotels Partners do not guarantee the accuracy of the ratings. The Nightlife Hotels, the Nightlife Hotels Partners and their respective suppliers make no guarantees about the availability of specific products and services. The Nightlife Hotels, the Nightlife Hotels and their respective suppliers may make improvements and/or changes on the Website at any time.
The Nightlife Hotels, the Nightlife Hotels Partners 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 Nightlife Hotels or the Nightlife Hotels Partners. All such information, software products, and services are provided “as is” without warranty of any kind. The Nightlife Hotels, the Nightlife Hotels Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Nightlife Hotels Companies, the Nightlife Hotels Partners and/or their respective suppliers are free of viruses or other harmful components. The Nightlife Hotels Companies, the Nightlife Hotels Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Nightlife Hotels Companies or the Nightlife Hotels Partners. The Nightlife Hotels Companies and the Nightlife Hotels Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Nightlife Hotels Companies and the Nightlife Hotels Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Nightlife Hotels Companies, the Nightlife Hotels Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Nightlife Hotels Companies, the Nightlife Hotels Partners and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Nightlife Hotels Companies, the Nightlife Hotels Partners 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 Nightlife Hotels Companies, the Nightlife Hotels Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Nightlife Hotels in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
You agree to defend and indemnify the Nightlife Hotels Companies, the Nightlife Hotels Partners, 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:
This Website may contain hyperlinks to websites operated by parties other than Sp & Big Apple Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Nightlife Hotels Companies, the Nightlife Hotels Partners, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. 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 Website. You acknowledge that Nightlife Hotels may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
All photos submitted are subject to our Photo Submission Guidelines below.
Nightlife Hotels claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Nightlife Hotels’ policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Nightlife Hotels does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.
Any photos you submit must be:
All contents of this Website are ©2016 Nightlife Hotels All rights reserved. Nightlife Hotels, Nightlife Hotels logo, the Nightlife Hotels Affiliate Network logo, and the Hotel logo are either registered trademarks or trademarks of Nightlife Hotels, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Nightlife Hotels is not responsible for content on websites operated by parties other than Nightlife Hotels.
If you are aware of an infringement of our brand, please let us know by emailing us.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
You may send us your notice by email.
If material you have posted has been taken down, you may file a counter-notification by regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
Sign the paper.
Send the written communication to the following address:
Sp & Big Apple Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
324 W 47th St, East Store, New York City, NY 10036
One or more patents owned by the Nightlife Hotels Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
You agree that no joint venture, partnership, or employment relationship exists between you and the Nightlife Hotels Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Sp & Big Apple Inc. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Our New York sales tax vendor registration number through Travelscape (d/b/a Expedia Travel) is 880392667 and New York City hotel occupancy tax registration number through Travelscape (d/b/a Expedia Travel) is 033960.