DOSH Travel Terms of Use

Updated May 23, 2019

The services of the DOSH Application (the “Application”), specifically the ability to make hotel reservations (the “Services”), are offered to our users (“users” or “you”) under the following DOSH Travel Terms of Use (the “Terms”). Your use of this Application and the Services is governed by and constitutes your agreement to the Terms as well as to the Dosh Terms of Service (collectively with the Terms, the “Agreement”). Any rights not expressly granted herein are reserved by Dosh Holdings, Inc. (“Dosh,” “us,” “our” or “we”).

 

Ownership

The Application booking engine technology you are using is a service provided exclusively by and is the sole property of Dosh.  Some of the static content and rates on the Application are owned and managed by third-party providers and distributors, collectively referred to as “Suppliers.” Dosh retains all rights to display the Suppliers’ content and rates in the Application, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks.Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Application content; (b) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Application; (c) remove or obscure any proprietary or other notices contained in the Application; or (d) use the Application for any illegal or unauthorized purpose.

 

Your Warranties to Dosh

You agree to use the Services to make only legitimate reservations or purchases and shall not use the Application or Services to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 21 years old and possess the legal authority to enter into this Agreement, to book a hotel, and to use this Application in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of the Services as well as for the use of your name and credit card account to pay for reservations purchased on this Application by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using this Application and the Services is true and accurate.

 

Right to Contact You

We may use the information that you provide to tailor our experience to you and your needs so that our Services become inherently more useful over time. We may use your email address and phone number to provide updates on your future reservations, prior reservations and how our Services are evolving, as well as to provide you with promotional materials and offers. By providing your information on the checkout page you permit us to send you this information via a phone call, text message or email. By providing your cell phone number, you have provided Dosh and its Suppliers with consent to send you text messages to provide you information about the Services and your reservations which may include but not be limited to assistance in completing your reservation, notification of transaction approval, check-in reminders and other reminders. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number which you have provided to us. Your cellular provider’s Message & Data Rates May Apply. It is our goal to have hotel promotions be useful and relevant to you, and we want them to become increasingly so over time.

 

Pre-Paid, Non-Refundable Reservations

Youagree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. All reservations are prepaid. Changes and cancellations are not allowed.  You agree that no refunds will be given of any kind and all payments received are forfeited. Any rewards awarded from Dosh to you will be deposited in your Dosh wallet thirty (30) days after check out.

The cost of your reservation is the total of the room(s), plus an additional amount for the tax recovery charges any Dosh or Supplier service fees. Resort fees, if applicable, are not collected at the time of booking and will be paid directly to the hotel.

The tax recovery charge is assessed to recover the amount we or our Suppliers pay to the property in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee we or our Suppliers charge in connection with the handling of your reservation.

We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes to us, and we or our Suppliers remit such tax directly to the vendor. We are not a co-vendor associated with the vendor with whom we book or reserve Users’ travel arrangements. Taxability and the applicable tax rate vary greatly by location. The actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer.

 

Relationship

The relationship between the Suppliers, Dosh and you will be that of a rooms provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

 

Additional Terms

The Dosh booking engine pulls inventory from several sources to provide users with the greatest variety of room availability and competitive rates with the most Dosh rewards. One the Suppliers’ inventory sources requires Dosh to include the following terms as part of this Agreement. If there is any conflict with the Dosh Terms of Service and these Terms, these Terms will control.

 

Severability; Termination of Services

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, 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 agreement shall continue in effect. In addition to any other rights or remedies available to Dosh, and without any liability to any user of the Dosh Application or Services, Dosh, at its sole discretion may terminate or restrict any user’s access to the Application and the Services at any time and without notice.

Links to Third-Party Websites

This Application may contain hyperlinks to websites operated by parties other than Dosh. Such hyperlinks are provided for your reference only. Dosh does not control such websites and is not responsible for their contents, commitments, or obligations. Dosh inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Third-Party Conditions

Expedia Terms

Priceline Terms

Exclusion of Warranty

DOSH AND THIRD-PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.

Limitation of Damages

THE CONTENT AND SERVICES PROVIDED BY DOSH AND ITS SUPPLIERS ARE PROVIDED “AS IS.” DOSH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY DOSH OR A THIRD PARY SUPPIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICATIONLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Dosh be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on this website, or any failure or delay in updating or including any data on this website, or any use of or inability to use any data on this website (including, without limitation, the use of or inability to use Dosh for reservations or ticketing), or the performance or nonperformance by Dosh of any reservations or ticketing function, even if Dosh has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Dosh should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Dosh described above, Dosh’s liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Dosh for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.

Indemnification

YOU SHALL DEFEND AND INDEMNIFY DOSH AND THIRD-PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO AMY CLAIMS DEFINED IN THIS PARAGRAPH MODIFICATION. Dosh may at any time modify these terms and conditions and your continued use of the Services will be conditioned upon the terms and conditions in force at the time of your use.

Governing Law and Stipulation of Venue

The laws of Texas govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas U.S.A., in all disputes arising out of or relating to the use of this Application. Use of this Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Entire Agreement

These terms and conditions contain the entire agreement between us 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.

Travel Precautions

Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s).