GENERAL TERMS OF SERVICES
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 € 80 021,00 of share capital, with its registered office at 2/4/6 Boulevard Poissonnière 75009 Paris (and its affiliates Daystay LLC and Day Use Hong Kong Limited), 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.
Dayuse reserves the right to amend these General Terms at any time.
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 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 and Fees” means the taxes or fees that apply to the reservation whether imposed by laws and regulations or fixed by the Hotel.
"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, beach club, cabana or other amenities available at the Hotel on DAYUSE Platform without booking a Room offer.
“Reservations fee” means the fees associated with the cost of booking one Offer on the Dayuse Platform.
“AI Feature" means the tools or features that incorporate artificial intelligence systems used or developed by DAYUSE to provide a better customer experience.
Defined terms have the same meaning whether they are used in the singular or the plural.
2. GENERAL ASPECTS
The Customer agrees to be bound by these General Terms. These General Terms constitute a legally binding agreement between the Customer and DAYUSE (hereinafter collectively the “Parties”) and shall take precedence over any prior contractual or non-contractual communications or documents exchanged between the Parties.
Role of Dayuse: Please note that Dayuse acts solely as an intermediary providing a booking platform. The final contract for the provision of accommodation and related services is entered into directly between the Customer and the respective Hotel. Dayuse is not a party to that accommodation agreement.
The General Terms applicable to a specific Booking are those in effect on the date the Booking is confirmed by the Customer on the DAYUSE Platform.
Dayuse reserves the right to modify or amend these Terms at any time.
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 persons of legal age.
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 the countries where Dayuse operates;
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, the Customer shall send 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 of the legal age depending on local laws or over the age of 18 for the purposes of making a Booking. The Hotel shall not honor a Booking if the Customer is a minor. Depending on the legal age of majority, the hotel may set a different minimum age.
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. By validating their Booking, the Customer agrees to purchase the Booking you have selected on the terms, restrictions, and conditions associated with it. The Customer undertakes adhering to the check-out time stipulated in the booking
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 DayPass Offer specificities: Day Access Offers allow the Customer to book access to certain facilities or services provided by Hotels (such as spas, swimming pools, fitness centers, coworking spaces, etc.) for a specified duration, without this booking including the provision of a hotel room.
Certain specific services included in a Day Access Offer (notably massages, beauty treatments, fitness coaching, or other specialized services) may be performed directly by independent third-party providers rather than the Hotel. In this context, Dayuse acts strictly as an intermediary for the booking of the service. The actual execution of the service remains the sole responsibility of the Hotel or the relevant third-party provider.
Booking a Day Access Offer that includes an individualized service (such as a massage or beauty treatment) is booked by the Customer on a specific date.
5.6 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 rate stated in the Hotel’s Offer shall be the rate of the Service to which Reservation Fees and Taxes and Fees 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 must be paid at the time of the Booking on the DAYUSE Platform or at the time of check-in according to the terms of the Offer.
6.3 In certain cases, Taxes and Fees are displayed for informational purposes only and remain payable directly to the Hotel, even if the reservation is paid online. The Hotel is solely responsible for notifying Dayuse of any changes to applicable Taxes and Fees. Dayuse shall not be held liable for any discrepancy between the amounts listed on the website and those actually charged by the Hotel if the Hotel fails to provide such notification.
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 credit card.
6.5 DAYUSE provides Customer with AI Feature for assisted search and recommendation tools. The rates, availabilities, and suggestions highlighted by these tools are provided strictly for information. Only the price displayed on the Hotel page on the Dayuse Platform and at the final stage of the booking process is legally binding between the Parties.
7. PAYMENT TERMS
7.1.1 Room Offer : DAYUSE uses several different payment arrangements. Payment arrangements vary between Offers according to the territory and Hotel and whether or not Reservation fee apply. Payment can be made in the four following ways:
The Customer pays nothing when confirming their Booking on the DAYUSE Platform and pays the full price of their Booking including any Reservation fee to the Hotel directly when checking in;
The Customer pays the full price of their Booking on the DAYUSE Platform when confirming and no payment is made at the Hotel. No payment shall be requested by the Hotel except any deposit payable or additional Taxes and Fees as stated in the Offer;
The Customer only pays the Reservation fee on the DAYUSE Platform and Room rate is paid at the Hotel when checking in.
The payment and cancellation terms are stated in the Offer booked. No new payments can be made to the Hotel in respect of a Booking paid for on the DAYUSE Platform except a deposit (clause 6.4) or additional Taxes if indicated at the time of booking.
7.1.2 DayPass offers : DayPass offers shall be paid entirely upon confirmation of the Booking on the Dayuse Platform.
7.2 Room Offer : Depending on the payment method chosen, several Room Offer may be available:
- Full Flex Offer : The Customer pays the room rate of the Booking at the Hotel with a discount, the booking is cancellable without charge. The price is the rate set by the Hotel.
- Semi Flex Offer : The Customer pays online by credit card and the booking can be cancelled up to 25 hours before check-in without charge. Less than 25 hours before check-in, the reservation is non-cancellable and non-refundable.
- No Flex Offer : The Customer pays online by credit card the room rate with a discount. The Booking is non-cancelable, non-refundable.
7.3 Where payment is made on the DAYUSE Platform, it shall be made by bank (credit or debit) card (Visa, MasterCard, American Express, etc.). Payment shall be made in the currency of the selected Hotel. Once payment has been made and confirmed as per the Customer’s bank’s online payment arrangements, the Customer shall receive an email confirming the Booking and the online payment. The final invoice may be given to the Customer by the Hotel upon request.
7.4 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.
7.5 If fraud or a payment not authorised by the Customer is suspected, the Customer must contact DAYUSE as quickly as possible.
8. PROMOTIONAL CODE
8.1 Promotional codes are sent by DAYUSE only by email, SMS or notification as part of a promotional campaign.
8.2 The amount of the promotional code can be a monetary amount (in the currency of the country where the promotional code apply) or a percentage discount. Each promotional code has a limited validity period and cannot be used outside the period indicated in the email, SMS or notification sent. Each promotional code can only be used once and for one booking. Promotional codes are limited geographically to the country indicated on the packaging.
8.3 Some of Dayuse's partner hotels are not eligible for the application of a promotional code. The DAYUSE Platform indicates whether the hotel is eligible for promotional codes.
8.4 The difference between the price of the reservation and the amount of the promotional code can be paid according to the payment methods available at the selected hotel. No minimum amount is required to use the promotional code.
The promotional code cannot be used to purchase a gift card. A promotional code and gift card cannot be combined for one booking, and promotional codes cannot be combined.
8.5 Promotional codes cannot be sold. The amount of the promotional code will not be refunded if the reservation is cancelled.
For any issue concerning the use of a valid promotional code, the Customer may contact Dayuse customer service.
9. CANCELLATION
9.1 The Customer shall cancel booking according to the conditions of the Offer booked. The Customer must refer to the conditions specified in the Offer selected.
9.2 Notwithstanding the cancellation policies typically applicable to bookings made on the Dayuse platform, DayPass offers that include specific services performed by third-party service providers are strictly subject to the specific cancellation and modification policies of the relevant provider.
9.3 When the Booking is cancellable, the Customer can proceed with the cancellation in the dedicated space.
9.4 In the event of Force majeure, the Customer is allowed to cancel its Booking without charge. The Customer shall contact the Customer Service in order to proceed with the cancellation.
Force majeure event:
- pandemic, epidemic;
- natural disasters: earthquakes, volcanic eruptions, typhoons, foods;
- fires, explosions;
- wars, acts of terrorism, riots;
- border closures or traffic restrictions: lockdowns, infrastructure closures;
- decisions by government authorities;
- widespread breakdowns (water, energy, internet…)
- general strike.
9.5 In the event of special circumstances, defined below, the Customer can request for cancellation or modification of its Booking without charge. Dayuse reserves the right to request additional documentation:
- death of a relative or the participant;
- hospitalization of a relative or the participant;
- professional, legal, or judicial impediment;
- cancelled or broken-down means of transportation (subject to conditions);
10. 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. Dayuse condemns any behavior that may contravene laws and regulations. Dayuse has the right to blacklist any customers whose behavior is contrary to the law.
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 remains liable and 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.
11. 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 this 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 in accordance with our privacy policy and all regulations applicable to personal data.
11.4 To enhance the user experience, the Platform incorporates an AI Feature and recommendation engine. The Customer acknowledges and agrees that:
The information generated by this tool (including, but not limited to, rates, hotel descriptions, and availabilities) is generated automatically and provided for purely advisory and informational purposes.
Due to database refresh delays and real-time fluctuations in hotel rates, there may be a discrepancy between the estimate provided by the search tool and the actual rate.
Under no circumstances do the prices displayed or suggested by the AI Feature constitute a binding contractual offer.
The Platform shall not be held liable for any inaccuracies or price variations arising from search queries. The booking contract is only formed at the moment of final validation in the checkout process, at the exact rate expressly displayed during this final step.
12. 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: (local call charges may vary by country)
Support UK: +44 20 4571 4354
Support FR : +33 1 76 36 05 95
Support US : +1 929-284-2269
Support CA : +1 438-238-2481
Support DE : +49 800 7245975
Support IT : +39 06 9450 3490
Support NL : +31 85 107 0143
Support ES : +34 518 90 05 94
by email: contact@dayuse.com
via our AI assistant.
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 before the day of check-in but less than 72 hours in advance, DAYUSE shall find an equivalent Service at an equivalent price. If there is a difference in price with respect to the original Booking, we shall refund the difference. If no alternative Service is available, DAYUSE shall offer the Customer compensation. This provision does not apply to any new bookings made by the Customer 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 in the same geographical area is offered by the Hotel, the resulting additional travel costs shall be refunded.
If the Hotel cannot offer equivalent alternative accommodation, including a room of equivalent category or equivalent Daypass, the Customer is invited to contact the customer service department. Our team 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 alternative accommodation cannot be found, our customer service department shall refund the Booking if it has already been paid for and provide compensation for the Booking.
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 our 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.
If alternative accommodation cannot be found, our customer service department shall refund the Booking if it has already been paid for and provide compensation for the Booking.
12.5 Overpayment to Hotel - If the payment requested at the Hotel does not match the price 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.
12.6 Double payment - If payment has been made on the DAYUSE Platform and the Hotel requests another payment (other than a deposit), the amount paid twice shall be refunded to the Customer.
13. NO RIGHT OF WITHDRAWAL (EU User)
In accordance with Article 16(l) of the European Consumer Rights Directive (Directive 2011/83/EU) and applicable national legislation, the European Customer is expressly informed that they do not benefit from a right of withdrawal when booking a Room Offer or DayPass Offer.
The law provides that the right of withdrawal does not apply to contracts for the provision of accommodation (other than for residential purposes), transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance.
Consequently, any booking made on the Dayuse Platform is final and binding, without prejudice to the specific cancellation or modification policies set forth in Article 9 of these Terms and Conditions.
14. 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.
15. Intellectual Property
US User -
All content and materials comprising the DAYUSE Platform (including, without limitation: domain names, text, graphics, software, photographs, images, sounds, video, icons, layout, look-and-feel, and logos) are the exclusive property of DAYUSE or its licensors, and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. With the exception of visual assets provided by our partner hotels or explicitly stated otherwise, all rights, title, and interest in the Platform remain exclusively with DAYUSE.
Any unauthorized reproduction, distribution, display, modification, creation of derivative works, or other exploitation of the Platform’s content, in whole or in part, is strictly prohibited.
DAYUSE strictly prohibits the automated extraction, collection, reproduction, or mining of the Platform's data or content. You may not use any robot, spider, scraper, web crawler, data mining tool, artificial intelligence (AI) tool, or any other automated means or software to access, copy, or extract data from the Platform. This prohibition expressly includes, but is not limited to, extracting or scraping data for the purpose of training, developing, or fine-tuning machine learning algorithms, Large Language Models (LLMs), or any generative AI technologies.
European User - All elements constituting the DAYUSE website (including, without limitation: domain names, texts, graphics, software, photographs, images, sounds, videos, icons, layout, logos, etc.), their formatting, and the website itself are protected by copyright (Article L.112-4 of the French Intellectual Property Code), trademark law, and the sui generis database right.
With the exception of visual assets provided by our partner hotels, all other content published on this site remains the exclusive intellectual property of DAYUSE. Any unauthorized reproduction, representation, modification, adaptation, or exploitation, in whole or in part, is strictly prohibited.
DAYUSE strictly forbids the automated extraction, collection, reproduction, or use of the platform's data and content (notably via web scraping or data mining). In this respect, DAYUSE expressly objects to the extraction or reuse of a qualitatively or quantitatively substantial part of the contents of its databases. This prohibition specifically covers the use of bots, software, or artificial intelligence tools, including for the purpose of training Large Language Models (LLMs) or generative technologies.
16. APPLICABLE LAW AND COURTS WITH JURISDICTION
For Europe - Middle East - Australia :
These General Terms are governed by French law (unless conflict of laws rules apply).
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.
For US - Canada :
These General Terms are governed by the laws of New York, and laws of the United Stated (unless conflict of laws rules apply).
Any dispute over the formation, interpretation or performance of these General Terms shall be subject to the sole jurisdiction of the courts of New York even where there are multiple defendants or a third party is joined to the proceedings
For Asia :
These General Terms are governed by the laws of Hong Kong (unless conflict of laws rules apply).
Any dispute over the formation, interpretation or performance of these General Terms shall be subject to the sole jurisdiction of the courts of Hong Kong even where there are multiple defendants or a third party is joined to the proceedings.
17. DISPUTE RESOLUTION
17.1 European Customer : If you have any complaints, we invite you to contact our customer service department.
For any dispute over the performance of this contract, the Customer may have recourse to the consumer mediator with whom DAYUSE is affiliated.
If you reside in a country within the European Economic Area, you may use the European dispute resolution platforms: https://ec.europa.eu.
17.2 US Customer : DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
17.2.1 Informal Resolution: The Customer and DAYUSE agree to attempt to resolve any dispute informally for thirty (30) days by sending a written notice to the other Partie before initiating any arbitration.
17.2.2 Binding Arbitration & Class Action Waiver: ANY UNRESOLVED DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ADMINISTERED BY THE AAA UNDER ITS CONSUMER RULES. YOU AND DAYUSE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.
17.2.3 Exceptions: Notwithstanding the above, either party may bring an individual action in small claims court or seek injunctive relief in court for intellectual property infringement.
17.2.4. 30-Day Opt-Out: The Customer may reject this arbitration agreement by emailing contact@dayuse.com within thirty (30) days of your initial acceptance of these Terms