Terms of Service

Terms of Service

Updated September, 18th 2020

This document sets out the terms and conditions (“Terms”) on which Ask Marty, a French company with registered office at 30 rue Philippe de Girard, 75010 Paris (France) and company number 879 660 744 RCS Paris (“Ask Marty” or “ we”) provides you with our price monitoring and rebooking facilitator services (the “Services”) through our application (the “App”). They also govern your use of the website askmarty.io (the “Website”). Please read these Terms very carefully before using the Ask Marty App or accessing the website.

If you are using the App: you acknowledge and agree that by clicking on “I agree”, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to use Ask Marty.

If you are merely accessing the Website: you understand that the use of the Website is conditional upon your acceptance of these terms in force at the time you access the Website. If you do not agree with these Terms, you may not access the Website.

1. Use of the App and Website

Your use of the App and/or Website is subject to your acceptation of these Terms. You must:

Be a consumer

Have reached the age of majority in your country of residence

2. Description of the Services

Ask Marty is a mobile application allowing you to get the exact same hotel room you have already booked, but at a better rate. Ask Marty monitors prices 24/7 and finds ways for you to rebook a room and save money.

To use our Services, you must:

Download the App.

Forward any reservation email after you have booked on any platform. To do so, we will share with you, through the App, a personalized email address. Simply forward your reservation email to that address using your regular email service provider.
We will monitor prices to find you a better deal for that exact same room (i.e., same category of rooms in the same hotel at the same dates). If and when we find you a better deal from a third-party website (the “Provider”), we will notify you through the App and by email of the new rate, the contemplated savings and our Service Fee (as defined in Section 3), so that you can decide in all transparency.

If you are happy with this deal, click on the “Save X” button to proceed. You will be asked to fill in a form with your personal information, including your payment information in order to pay our Service Fee. You will have the opportunity to review the detail of your order, including the amount of Service Fee to be paid, before confirming it by clicking on “Rebook now”.

Carefully read and consent to the Provider’s terms and conditions. Once you have done that, the App will automatically go through the booking process for you. Once it is complete, you will receive a confirmation email from the Provider, subject to its own terms.

Cancel your initial booking on your own before the end of the cancellation period. Do not forget this step if you do not want to find yourself with 2 rooms instead one 1!

IMPORTANT: the rebooking facilitator Service is only available if the cancellation policy of your initial booking is flexible and free of charge. You cannot use the rebooking facilitator Service if the cancellation policy of your initial booking is not flexible or if its cancellation deadline has expired before we can find you a better price or if you are not allowed to cancel your room free of charge. You should verify whether you may cancel your initial booking (or if such cancellation will cause you to incur a fee) before using our Services. We will inform you if we detect that your reservation is not eligible. In any case, we will not be liable or responsible for any charge, payment or fee charged to you due to the cancellation of your initial booking.

We are not a booking agent and we do not provide booking services. Our Services are limited to monitoring prices online and facilitating technically the rebooking of your room through the app. We do not enter into any contract on your behalf and everything happens as if you were booking the new room yourself on the Provider’s website. When making use of our rebooking facilitator Service, you understand that you will be subject to the terms and conditions, including data protection and privacy terms, of the Provider, upon which we have no control or responsibility. You should read all such terms carefully as they may contain important information (e.g., age requirement, sale and payment conditions, taxes, cancellation / no-show policy, etc.).

Before making a new booking by using our Services, it is your responsibility to verify that the Provider's offer is better than your initial booking, to read and understand the Provider's terms and conditions and that your original booking can be cancelled. In addition, be advised that some Providers may require that payment is made upfront by payment card, and therefore your payment card may be pre-authorized or charged (sometimes without any option for refund) upon making the new booking, so please check the details of the new deal thoroughly, for any such conditions prior to making your booking. In particular, the new offer may slightly differ from the initial booking. These include in particular the following cases: elimination of small additional services (e.g., free water bottle) and additional agreements with the hotel (e.g., extra pillows), etc. Fundamental differences (e.g., standard room instead of suite) remain unaffected if not explicitly accepted by you. Likewise, we cannot determine, whether the rebooking will cause you to lose any bonuses or loyalty points, which you received for the initial booking or would receive when using the original reservation. Ask Marty cannot be held responsible for any inconvenience this may cause you.

We are not involved in any way and have absolutely no control over your new booking once it is complete. From this point, you should therefore direct any question, query, concern or complaint you may have regarding your booking to the Provider.

For the avoidance of doubt, these Terms are not affected by, or are subject to the terms and conditions of any Providers, and any other agreements between you and any Provider.

3. Price and payment

The use of the price monitoring Service is free. We are paid based on success: you save money – we get a fee (our “Service Fee”). We will inform you of the applicable Service Fee when we notify you we found a better deal.

Prices (including our Service Fee) are displayed in your currency. Depending on the country, these prices may be shown exclusive of tax, including VAT only, or with all taxes included (VAT and tourist tax included). Where prices are shown exclusive of all taxes, the taxes (VAT and/or tourist tax) will be specified during the next steps of the booking process.

We use a secure payment solution allowing you to pay by card. We do not accept payment by wire transfer or check. Your payment information is processed by our payment service provider only, and not by us. We do not have access to such information.

We are not involved in the payment flow between you and the relevant Provider. Payment for the new room will be made directly from you to the relevant Provider, subject to the Provider’s own terms and conditions.

4. Right of withdrawal

In principle, you have the right to withdraw from this contract, without giving any reason, within 14 days from the day of the conclusion of the contract. However, given the nature of our rebooking facilitator Service, this right of withdrawal is inadequate.

If you want to secure the new rate we found for you, you should rebook your room as soon as possible. For that reason, we will ask you to waive your right of withdrawal before we allow you to use our rebooking facilitator Service.

Please refer to the Provider’s own terms and conditions for its own cancellation / withdrawal policy. Please note that if you decide to cancel your new booking, our fees are not refundable.

5. Acceptable use of our Website, App and Services

Permitted use. As long as you accept and comply with these Terms, and unless we terminate them, we grant you a non-exclusive, non-transferable, free and revocable right to access and use our Website and App in accordance with these Terms, for your personal use only.

Prohibitions. Any reproduction, representation, exploitation, adaptation or translation of the Website or app, or any of their contents, in whole or in part, for other purposes on any medium whatsoever, is prohibited.

Any extraction, by permanent or temporary transfer to another medium by any means whatsoever, or reuse by making available to the public all or a qualitatively or quantitatively substantial part of the Website, App and/or their content, is prohibited.

You agree not to damage, disable or overburden the Website and/or app, or prevent any other party from using the Website and/or app.

Without prejudice to our rights and recourses, we reserve the right to temporarily or permanently suspend your access to the Website and/or app, at any time, without notice, in the event that you violate any of the provisions of these Terms.

In the event that we consider that you are making illegal and/or unauthorized use of our Website, App and/or Services, we reserve the right to take any action we deem necessary, including terminating the contract without notice and, in the event of illegal use, taking legal action.

6. Availability and security

In principle, the App and Website are accessible 24/7, except for interruptions, scheduled or unscheduled, for maintenance purposes or in cases of force majeure. We cannot be held responsible for any damage, whatever its nature, resulting from unavailability.

You are also informed of the fact that due to the intrinsic characteristics of the Internet, the data transmitted via the App and Website is not protected against the risks of misappropriation and/or hacking, for which we cannot be held responsible. It is up to you, if necessary, to take all appropriate measures to protect your smartphone and/or your data.

7. Liability

We will do all reasonable commercial efforts to find you a better deal, but we offer no guarantee in that respect.

If we find you a better deal, we cannot guarantee that it will still be available when you decide to click on the “Rebook now” button, as we have no control over services advertised by the Providers. In that case, no Service Fee will be due. We advise you wait for the final confirmation generally sent by the Provider before you cancel your previous booking.

We are not responsible for content on external websites, in particular Providers’ websites.

We cannot be held responsible for any consequences resulting from the modification, discontinuation or deletion of the App or any functionality offered by the App, for any reason whatsoever and in particular due to technical constraints.

In addition, any event that can be qualified as a Force Majeure event (“Force Majeure”) may lead to the suspension or interruption of the App, during which our responsibility cannot be engaged. Force Majeure includes any fact or omission beyond our control and meeting the criteria established by jurisprudence.

8. Intellectual property

All the elements present on the App and Website are protected by intellectual property law and may not be reproduced or used without our prior consent. No one is authorized to exploit, disseminate or use the intellectual property rights including, without limitation, the rights held on the name Ask Marty, without our prior written consent. The trademarks and logos belonging to us are registered trademarks. Any reproduction without our permission is therefore an infringement.

9. Personal data

We need to process your personal data to provide you with the Services. For more information on how we collect and process your personal data, and how to exercise your rights, please read our Privacy policy.

10. Retention of the contract

We will retain and archive, for 10 years, the contracts entered into with you for a value of 120 EUR or above, and will grant you access thereto at any time. You may exercise your access right by contacting the Customer Service (see Section 12).

11. General

These Terms are governed by French law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

In case of dispute, we invite you to contact the Customer Service (see Section 11), in order to find an amicable solution. If you are an EU resident and if no amicable solution is found after you sent us a claim in writing, you are informed that you can resort, free of charge, to mediation. You can also submit your claims on the online dispute resolution website (here) of the European Commission, which will transmit your claim to the relevant mediator.

In any case, any dispute may be brought to the courts having jurisdictions.

12. Customer Service

If you have any comments or questions, please feel free to get in touch by sending an email to support@askmarty.io.

13. Changes to these Terms

We may occasionally change these Terms, for example, to comply with new requirements imposed by the applicable laws, technical requirements or good commercial practices. We will notify you in case of material changes and you will need to consent to the new version of the Terms in order to continue using the App and/or Website. Nevertheless, with respect to past transactions, you will remain bound by the version of the Terms applicable at the time.

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