Booksi Membership is a subscription program that seeks to provide subscribing individuals (“ Members ”) with member-only travel benefits, including without limitation: discounted hotel rates, cruises, car rentals, flights, attractions, amenities, offers, awards and services, which Members can use to improve their travel experience with below hotels’ public pricing and additional travel benefits (together with those “Services” referenced in the Booksi Terms, Conditions and Notices, collectively, the “ Services ”). These terms and conditions (“ Subscription Terms ”) are between you and Booksi, LLC(" Booksi, " “ we ,” “ our ,” or " us ") and set out the terms under which Booksi provides the Services. Your use of the Booksi websites (collectively referred to as the " website ”) and Booksi subscription as well as the Privacy & Cookie Statement (as each may be revised from time to time) referred to further on in this Introduction (collectively, the Booksi Terms, Conditions and Notices and the Privacy and Cookie Statement shall be referred to as “ Additional Terms ” ) which Booksi specifically indicates are incorporated herein by reference. Where any such Additional Terms conflict with the Subscription Terms, the Subscription Terms (including any documentation specifically identifying exclusions associated with certain Products, which constitute a portion of the Subscription Terms) will control with respect to the Booksi program. If you sign up for an Booksi subscription, you accept these Subscription Terms.
These Subscription Terms, along with the Privacy & Cookie Statement, govern your relationship with us with respect to your use of the Services, including your purchase of any accommodation, tour, ticket, attraction, activity, experience and/or Perk (a “Perk” is defined as any additional benefit or privilege associated with the Booking of certain hotels) that is advertised on the website and is made available by or through a third-party supplier (each, a "Product By using or accessing the Services, purchasing a Product ( "Book" or "Booking" ), and/or purchasing a Booksi subscription, you agree to be bound by these Subscription Terms (as may be revised from time to time), and you represent that you have read and understand them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Subscription Terms on behalf of all the persons named (or included in any way) in your Booking.
- Booksi Subscription / Member Registration
Booksi subscription is for individuals only. In order to utilize specific features on the website and take advantage of benefits offered by the Booksi Membership program, individuals will need to become Members. All other entities or parties, including but not limited to, corporations, travel agencies, government entities, regulatory bodies, etc., are not eligible to enroll as Members nor receive any benefits in connection with the Booksi Membership program.
Each Member must provide certain requested information in order to register and create an Booksi Membership account. In certain circumstances involving changes to information in your Booksi Membership account (e.g., name changes), Booksi may require that you provide supporting legal documentation.
Travel-related information provided by a Member will be maintained in the Member’s Booksi account. All such information in a Member’s Booksi account must be valid, accurate and up-to-date at all times.
Subject to these Subscription Terms, an Booksi Membership subscription is available to any individual who: (a) possesses the legal authority to agree to these Subscription Terms; (b) resides in a jurisdiction which legally permits participation in Booksi Membership; (c) is not named on any list, or update thereto, issued by the U.S. Office of Foreign Assets Control (“OFAC”) pursuant to Executive Order 13224 or the President, including the “Specially Designated National and Blocked Person List”, or similar lists or orders from other countries that we deem are applicable, including without limitation, any resident of Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine; (d) provides valid and accurate personal information when enrolling in Booksi Membership; and (e) has not previously been terminated from Booksi Membership or any other Booksi Services.
Members are responsible for reading and understanding these Subscription Terms and the Privacy & Cookie Statement, and any other communications from Booksi about the Booksi Membership program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any Booksi Membership Services and/or Products, a Member acknowledges and understands that their information, including contact information, will be shared with participating Booksi Membership Suppliers (as defined in Section 13 and including, for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that Booksi does not control the privacy practices of these third-party Suppliers.
By accepting any Booksi Membership Services and/or Products, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such Booksi Membership Services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify Booksi if they are not eligible to receive any Services at any time.
4. Guest Passes
Based on the type of membership: a) Monthly or b) Annual subscription, Booksi will designate members a set number of Guest Passes to give out to family/friends which will enable the user to make a one-time booking at Booksi Member Pricing during their free trial use of the Booksi Membership program.
5. Canceling Your Booksi Membership Subscription
You may cancel your Booksi Membership subscription anytime within 30 days from signup for a full refund. Simply sign into Booksi account; scroll down to Account Subscription & Billing and click on 'Cancel My Subscription'. You will be asked to confirm your selection. By cancelling your subscription, you will no longer have access to Booksi Member benefits and relinquish any Referral Credits and Loyalty Points earned. In the event that you wish to cancel outside of the initial thirty (30) day period, you may still cancel, but you will not be eligible for a refund. Your Booksi Membership will remain valid until the end of your then-current Subscription Term; however, it will not automatically renew for any future Subscription Renewal Terms.
Please note that once a Booking is confirmed within the portal your Booksi Membership becomes 'active' and will remain enforce through such time as all travel is complete, to insure continued access to your account and Member services. You may still cancel in this instance; however, your Booksi Membership will remain valid, and if applicable, due and payable, until the end of the Subscription Term(s) following the completion of all travel; but it will not automatically renew for any future Subscription Renewal Terms.
Previous Members may re-subscribe to Booksi Membership at any time following cancellation, however Booksi reserves the right not to permit re-subscription as provided herein.
6. Other Limitations
- Separate from termination or suspension as described herein, we reserve the right to accept or refuse subscription requests in our sole discretion. To the extent we refuse a subscription request, any payment(s) initially processed in connection with such subscription request shall be refunded.
- We may send you email and other communications related to the Booksi Membership program generally, your Booksi Membership subscription specifically, and/or any Bookings made in connection with such where these messages are of a service or transactional nature, and regardless of any marketing communication preferences you may specify via your account settings.
- You may not share, transfer or assign your Booksi Membership subscription or any Services, except as allowed in these Subscription Terms.
- Members are not permitted to use the Services or purchase Products for any purpose other than the Member’s individual use, including without limitation for the purposes of resale or rental.
- From time to time and as discussed further in Section 7 (Modification of Terms) set forth below, Booksi may choose in its sole discretion to add or remove Booksi Membership subscription benefits.
- Booksi reserves the right to monitor the Booksi Membership accounts of all members, at any time and without notice, for compliance with these Subscription Terms.
- As described in further detail in Section 9 (Termination by Us) below, Booksi reserves the right to terminate or suspend access to your Booksi account, your Booksi Membership subscription, or your ability to use the Services.
7. Fees and Renewal
Subscription Plans and Fees
The current subscription fees and other details of the Booksi Membership program are stated in the Member Area). You will find details about the subscription model you are subscribed to, the applicable subscription fee, and the next payment due date in your Booksi account. Taxes may apply on the subscription fee.
Your subscription will begin on the date the credit card, debit card, or other eligible payment method (“ Payment Method ”) you use to pay for your subscription is successfully charged (“ Initial Payment Date ”) and will continue A) monthly OR B) for a period of one (1) year (“ Initial Subscription Term ”). Thereafter, your subscription will be charged every 30 days for A) monthly (“ Monthly Payment Date ”) OR B) renew annually on the anniversary of your Initial Payment Date (“ Annual Payment Date ”) for subsequent one-year renewal terms (each, a “ Subscription Renewal Term ”) unless and until cancelled as provided herein. The Initial Subscription Term, as well as any Subscription Renewal Term(s), shall be collectively referred to as the “ Subscription Term ”). Note that, in certain instances, Booksi may be unable to successfully charge your Payment Method exactly on the Monthly Payment Date or Annual Payment Date (for example, in the event of payment systems availability issues); in such instances, Booksi will endeavor to charge your Payment Method as soon as reasonably possible thereafter.
By initiating your first subscription fee payment, you authorize Booksi to charge your Payment Method for recurring subscription fees and any taxes on an ongoing basis. You may be able to stop payment of any scheduled recurring payment by notifying the issuer of your Payment Method or your financial institution. However, Booksi may continue to charge you for that payment and for other recurring payments until you cancel your Booksi Membership subscription in accordance with Section 4 (Canceling Your Booksi Membership Subscription) above. You can update your Payment Method from within your Booksi account. Please note that Booksi is not responsible for any fees or charges applied by your financial institution or Payment Method issuer related to Booksi’s processing of your subscription fee payment.
UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR MEMBERSHIP (IN ACCORDANCE WITH SECTION 4 ABOVE OR BY CONTACTING BOOKSI CUSTOMER SERVICE), YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE BOOKSI TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR BOOKSI MEMBERSHIP SUBSCRIPTION FEE AND ANY TAXES FOR THE SUBSCRIPTION RENEWAL TERM.
UPON RENEWAL OF YOUR SUBSCRIPTION, IF BOOKSI DOES NOT RECEIVE PAYMENT FROM YOU, YOU AUTHORIZE US TO (A) CHARGE ANY OTHER PAYMENT METHOD WE HAVE ON FILE IN YOUR BOOKSI MEMBERSHIP ACCOUNT AND/OR (B) CONTINUE ATTEMPTING TO CHARGE YOUR ORIGINAL PAYMENT METHOD UNTIL SUCH TIME AS PAYMENT IS RECEIVED. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A SUBSCRIPTION FEE PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4 ABOVE, WE MAY CANCEL OR SUSPEND YOUR SUBSCRIPTION UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD. WHERE BOOKSI TERMINATES OR SUSPENDS YOUR SUBSCRIPTION DUE TO FAILURE TO MAKE A PAYMENT WHEN DUE, BOOKSI MAY, UPON RECEIPT OF ALL OUTSTANDING PAYMENTS DUE, REACTIVATE YOUR ACCOUNT FOR THE APPLICABLE SUBSCRIPTION RENEWAL TERM.
No Subscription Membership Refunds
Membership fees for Booksi Membership are non-refundable except as otherwise expressly described in these Subscription Terms.
Booksi may from time to time change subscription prices, including recurring subscription fees and any other fees applicable to your Booksi Membership subscription. Booksi will inform you of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the Booksi Membership program after the price change effective date; provided that, you may always reject the price change by canceling your Booksi Membership subscription prior to your Monthly Payment Date or Annual Payment Date as described in Section 4 (Canceling Your Booksi Membership Subscription) above.
If your Annual Payment Date occurs less than thirty (30) days after Booksi has provided you with notice of a price increase, you may cancel your Booksi Membership subscription for an additional forty-five (45) days following your Annual Payment Date and Booksi will refund the newly charged subscription fee. Note that Booksi’s responsibility to provide you with a refund in such situations (as opposed to simply canceling the auto-renewal) is conditioned upon Booksi actually having received payment from you.
8. Modification of Terms
We reserve the right, in our sole discretion, to change or modify these Subscription Terms; the Privacy & Cookie Statement; or any supplemental terms and conditions or documents referenced and expressly incorporated herein or any other aspect of Booksi Membership, from time to time, with reasonable notice to Members as described in this section. The updated Subscription Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by Booksi. Unless otherwise stated, the updated Subscription Terms will apply to your participation in the Services beginning as of their effective date. If any provision in these Subscription Terms or any change made to these Subscription Terms is found invalid, void, or for any reason unenforceable, that original or modified provision is severable and does not affect the validity and enforceability of any remaining changes or conditions.
YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE SUBSCRIPTION TERMS (AND YOU HAVE AFFIRMATIVELY ACKNOWLEDGED THEM) CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO AGREE TO ANY CHANGES OR MODIFICATIONS THAT WE MAKE DURING THE RELEVANT SUBSCRIPTION TERM, YOU MUST NOTIFY US OF SUCH BY EMAILING US AT [email protected] OF SUCH DECISION. BOOKSI WILL THEN DETERMINE WHETHER TO TERMINATE YOUR CURRENT SUBSCRIPTION AND PROVIDE YOU A PRORATED REFUND OR ACCEPT YOUR REJECTION OF THE MODIFIED TERMS. WHERE WE ACCEPT YOUR REJECTION OF THE MODIFIED TERMS, YOU WILL REMAIN BOUND BY THOSE SUBSCRIPTION TERMS THAT YOU HAD MOST RECENTLY ACCEPTED.
9. Modification of Services
Booksi reserves the right to, from time to time, among other things: (a) withdraw, limit, modify, or cancel any Product or portion of the Services, although Booksi shall use commercially reasonable efforts to maintain the value of the subscription as a general matter; (b) modify or regulate the transferability of Products or benefits; (c) add blackout dates; or (d) limit the number of Products available for award redemption at any or all destinations. Booksi may limit the number of Booksi Membership Members and may temporarily or permanently discontinue registering new Members at any time and for any reason without notice. Notwithstanding the foregoing set forth in this paragraph, Booksi is not responsible for Supplier withdrawals from Booksi Membership, changes in Products, Supplier services, or Perks, or issues associated with use of Products caused by withdrawal of any Supplier. Availability of Products or the Services may change over time and at any time (including during the course of any given Subscription Term.
Booksi Membership benefits are void where copied, prohibited or restricted by law.
10. Termination by Us
We may terminate or suspend your Booksi account, your Booksi Membership subscription, or your ability to use the Services, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind, as may be necessary to protect our interests and/or the interests of other users and/or providers of the Services. (For example, we may terminate or suspend any of the foregoing if we determine that you have misused the website.) Where we do so, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Subscription Terms or any applicable local or federal law, regulation or ordinance; involves fraudulent or dishonest use of the Services, theft, misconduct, or wrongdoing in connection with a specific Booksi Membership account, the Booksi Membership program more generally, or is otherwise harmful to our interests or to those of another user. If we terminate or suspend your Booksi Membership account for any reason, you are prohibited from registering and/or creating a new Booksi account or Booksi Membership account under your name, a borrowed or false name, or the name of a third party, even if you may be acting on behalf of the third party. Our failure to insist upon or enforce your strict compliance with these Subscription Terms will not constitute a waiver of any of our rights.
11. Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS BOOKSI’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELATION OR TERMINATION OF YOUR BOOKSI MEMBERSHIP SUBSCRIPTION.
IN NO EVENT WILL BOOKSI, ITS PARENT(S), SUBSIDIARIES AND AFFILIATES , ITS LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH BOOKSI MEMBERSHIP OR THESE SUBSCRIPTION TERMS.
YOUR INTERACTIONS WITH SUPPLIERS ARE AT YOUR OWN RISK. BOOKSI WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY SUPPLIER. BOOKSI IS NOT RESPONSIBLE, AND ASSUMES NO LIABILITY FOR TRANSPORTATION, ACCOMMODATION OR OTHER SERVICES THAT SUPPLIERS PROVIDE OR FAIL TO PROVIDE. BOOKSI IS NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS, PRODUCTS, SERVICES OR MEMBERSHIP REQUIREMENTS OF, OR ANY OTHER ASPECTS OF, THE PROGRAMS OFFERED BY SUPPLIERS.
These Subscription Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Subscription Terms or their subject matter or formation shall be governed by and construed in accordance with the law of the State of Wyoming, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Wyoming, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Booksi arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Wyoming. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Subscription Terms, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Booksi to take proceedings against you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you are using the Services as a consumer - and this cannot be excluded by contract and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. This clause shall otherwise apply to the maximum extent allowed in your country or residence.
If any part of these Subscription Terms is determined to be invalid 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 these Subscription Terms’ remaining provisions shall continue in effect.
13. Typographical Errors
If a product is listed on our website at an incorrect price or with incorrect information due to typographical error or error in pricing or information provided by our Suppliers, we have the right to refuse or cancel any orders placed for such Products in our sole discretion, whether or not your order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, we will issue a credit to your Payment Method in the amount of the canceled charge.
14. Supplier Terms
In connection with enabling you to purchase a Booksi Membership subscription, Booksi provides a platform through which you can enter into a contract with those third-party suppliers (each, a “ Supplier ”) so as to purchase their Products. Booksi is not the original supplier of any Product, and your contract for the purchase and supply of any Product you Book will be directly between you and the applicable Supplier. When you complete a Booking with a Supplier of a Product via Booksi’s platform, your payment information will be collected and transmitted to the Supplier to complete the transaction. The collection and transmission of this payment information shall be handled as described in our the Privacy & Cookie Statement. Please note that the Supplier, not Booksi, is responsible for processing your payment and fulfilling your Booking.
15. Customer Service
For issues that arise prior to or after your participation/hotel stay in a specific Product or Booking, as well as any issues related to the Booksi Membership program (including your subscription), please contact [email protected] . For any issues that arise during your participation/hotel stay in a specific Product or Booking, you are urged to address it with the relevant hotel or provider’s attention directly in an effort to have it resolved on the spot.
Booksi LLC, a Wyoming Company
1309 Coffeen Avenue, Suite 3647
Sheridan, Wyoming 82801