Terms of Service

Last Revised: 08/01/2024

We're glad you're here! These terms of service ("Terms") describe the legal framework for using our service ("Service") to book travel services ("Travel Services"). Please read them carefully.

Acceptance

By using our Service, you agree to these Terms. If you do not agree to them, do not use our Service or book any Travel Services.

Changes to the Terms: We may update these Terms at any time. Your continued use of our Service after changes are made means you accept the updated Terms.

Definitions

"We", "us", or "our" refers to Rogue Bytes LLC DBA Staymigo ("Staymigo"), a Delaware corporation. "Our Company" includes our subsidiaries and corporate affiliates. "Our partners" refers to affiliated websites, co-branded or linked sites through which we provide content or services. "Our Service" includes our websites, apps, and online tools. "Travel Provider" refers to the travel provider that makes Travel Services available through our Service. "You" refers to you, the traveler who uses our Service or makes a booking.

Please read these Terms carefully.

Section 1: Rules and Restrictions

In addition to these Terms, other terms and conditions provided by the Travel Providers also apply to your booking ("Rules and Restrictions"). To make a booking, you must agree to the Rules and Restrictions of the Travel Provider you select (such as payment of amounts due, refundability, penalties, restrictions on availability and use of fares or services, etc.). The relevant Rules and Restrictions are provided to you before making a booking and are incorporated by reference into these Terms.

If you violate a Travel Provider’s rules and restrictions, your booking may be canceled, and you may be denied access to the corresponding travel service. You may also lose any money paid for such a booking, and we or the Travel Provider may charge your account for any costs incurred by us or them as a result of such violation.

Section 2: Use of Our Service

Our Rules

We provide our Service to help you find information about Travel Services and to help you book those Travel Services. It is provided for no other purpose.

You agree that:

  • You will only use our Service for personal and non-commercial purposes.
  • You must be at least 18 years old and have the legal authority to enter into contracts.
  • You will use our Service lawfully and in accordance with these Terms.
  • All information provided by you is true, accurate, current, and complete.

If you have an account with us, you will:

  • Safeguard your account information.
  • Be responsible for any use of your account by you or others.

If you book on behalf of others:

  • Obtain their authorization before acting on their behalf.
  • Inform them of the terms that apply to the booking (including the Rules and Restrictions) and ensure that they agree to such terms.

You are responsible for paying the amounts due for making any change/cancellation requests and for all other matters related to the booking.

Section 3: Confirmation of a Booking

Your Booking Confirmation includes the essential elements of your booking, such as the description of the Travel Services booked and the price. We will send your booking confirmation and any relevant travel documents to the email address you provide when making the booking. If you do not receive your Booking Confirmation within 24 hours of making your booking, please Contact Us.

Section 4: Payment

Price

The price of the Travel Services will be as shown on our Service, except in cases of obvious error. The prices of Travel Services are dynamic and may change at any time. Price changes will not affect bookings already accepted, except in the case of obvious error. We display many Travel Services and strive to ensure that the price shown is accurate. We reserve the right to correct any pricing errors on our Service. If there is an obvious error and you have made a booking, we will offer you the opportunity to keep your booking by paying the correct price or we will cancel your booking without penalty.

We have no obligation to provide you with Travel Services at an incorrect (lower) price, even after a Booking Confirmation has been sent to you if the error should have been reasonably apparent to you.

Section 5: Cancellation or Modification of a Booking

Cancellation or Change by You

Cancellations or changes (with respect to travel dates, destination, place of departure, property, or mode of transport) of a booking can be made by contacting us. You do not have an automatic right to cancel or change a booking unless permitted by the relevant Travel Provider according to its Rules and Restrictions (which are provided to you before making a booking). Travel providers may charge you fees for canceling (in whole or in part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any fees incurred.

Please note that in the case of changes, the price of your new arrangements will be based on the price applicable at the time you request us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date the change is made.

Please read the relevant Rules and Restrictions to find out what terms apply to your booking. For example:

  • If you book a stay at a property and do not cancel or change your booking before the relevant cancellation policy period, you may be subject to cancellation or change fees as shown in the relevant Rules and Restrictions.
  • Some properties do not allow cancellations or changes to bookings once made.
  • If you make a post-pay booking and fail to show up or cancel the booking, the property may impose a no-show or cancellation fee as shown in the relevant Rules and Restrictions, and you will be charged the property’s no-show or cancellation fee.
  • If you fail to show up or do not use some or all of the booked Travel Services, you may only be entitled to refunds in accordance with the relevant Rules and Restrictions.

Section 6: Specific Terms for Travel Services

This Section provides details of terms relevant to the specific Travel Services provided by the Travel Provider. These details are not exhaustive and do not replace the relevant Rules and Restrictions provided to you before making a booking. Each Travel Service may be offered separately or as part of a Package (as defined in Section 6G (Packages)) and is subject to the relevant Rules and Restrictions of the Travel Provider. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions shall prevail.

A. Stays

Our Service may provide you with the option to Pay Now or Pay Later. Room rates (including applicable taxes and fees) are shown to you through our Service under both the Pay Now and Pay Later payment options. Please note that taxes and fees may vary depending on the payment option you choose. Tax rates and currency exchange rates may change over time between the booking and your stay.

Pay Now

If you select the Pay Now payment option, the relevant company (as set out in Section 4 (Payment)) will normally charge the amount of the booking to your payment method upon making the booking. Our Company facilitates bookings available through our Service. You acknowledge that our Company facilitates such bookings in return for consideration (the “facilitation fee”). The room rate shown through our Service is a combination of the amount charged by the Travel Provider (for its room rental services) and the facilitation fee (charged and retained by our Company). Our Company may also charge and retain separate service fees as additional compensation for servicing your booking which may vary depending on the amount and type of booking. You agree that our Company will charge your payment method the total amount of the booking which includes the room rate shown through our Service plus tax recovery charges and service fees or where applicable taxes on the room rate and/or services provided by our Company. By making your booking request, you authorize our Company to facilitate the booking on your behalf, including payment arrangements with the Travel Providers.

Pay Later

If you select the Pay Later payment option, the Travel Provider will normally charge your payment method in local currency at the time of your stay or as notified to you during the booking process.

Deposit

Some Travel Providers require a payment card or cash deposit upon check-in to cover any additional expenses incurred during your stay. Such a deposit is not related to any payment received by the relevant company (as set out in Section 4 (Payment)) for your booking.

First Night No-Show

If you do not show up for the first night of your stay booking but plan to check in for the following nights, please confirm this with us before the original check-in date. If you do not confirm this, your entire booking may be canceled. Refunds for no-shows will only be paid to you in accordance with the relevant Rules and Restrictions of the property.

Group Bookings

You may not book more than 8 rooms through our Service for the same property for the same dates of stay. If you book more than 8 rooms in separate bookings, we may cancel your bookings. We may also charge you a cancellation fee and if you paid a non-refundable deposit, such deposit may be forfeited. If you wish to book more than 8 rooms, please book through the "Groups and Meetings" section through our Service. You may be required to sign a written contract or pay a non-refundable deposit.

Ratings

The ratings shown through our Service indicate what you could expect from the properties showing that level of rating, including (where applicable) through local and national star rating organizations. These may differ from the standards in your own country. The ratings shown on the site do not represent or promise any particular feature or service. Additional information is available in the “Overview” or “Amenities” section of the property detail page. These guidelines are subject to change and our Company and our Partners cannot guarantee the accuracy of any specific rating shown from time to time through our Service.

Meals

If meals form part of your stay booking, the number of meals included depends on the number of nights of your stay. Full board normally includes breakfast, lunch, and dinner. Half board normally includes breakfast and either lunch or dinner. No refunds will be available if one or more meals are not consumed.

Packages

We provide you with the opportunity to book separate Travel Services together at the same time through our Service (for example, a stay booking and a flight booking), but each Travel Service is subject to its own Rules and Restrictions and these Terms (such a combined booking is a “Package”).

Section 7: International Travel

International Travel

While most travel takes place without incident, travel to certain destinations may involve more risks than others. You should review all travel advisories/warnings etc. issued by the relevant governments before booking any international travel. You should also monitor such travel advisories/warnings during your trip and before your return journey to help avoid and minimize any potential disruption.

Health

You should check the recommended inoculations/vaccinations which may change at any time. You should consult your doctor before departing. You are responsible for ensuring that you:

  • comply with all health entry requirements.
  • receive the relevant/required inoculations/vaccinations.
  • take all recommended medication.
  • follow all medical advice in relation to your trip.

Passport and Visa

You should consult with the appropriate Embassy or Consulate for information on passports and visas. Requirements may change, so please check the latest information before booking and departing and allow sufficient time for all relevant applications. Our Company is not responsible if you are denied boarding on a flight or cruise (if applicable) or entry to any country due to your conduct, including failure to carry the correct and adequate travel documents required by any Travel Provider, authority, or country (including countries you are transiting through). This includes all stopovers made by an aircraft or cruise (if applicable) even if you do not leave the aircraft, airport, or cruise.

Some governments require airlines to provide personal information about all travelers on their aircraft. The data will be collected at the airport when you check in or in some circumstances when you make your booking. Please contact the relevant airline you are traveling with if you have any questions about this.

Our Company does not represent or warrant that travel to international destinations is advisable or without risk and is not responsible for any damage or loss that may result from travel to such destinations.

Section 8: Liability

Our Liability

We own and operate our Service, and the Travel Providers provide you with the Travel Services. To the maximum extent permitted by law, our Company and our Partners shall not be liable for:

  • any of the Travel Services made available to you by the Travel Providers.
  • the acts, errors, omissions, representations, warranties, or negligence of such Travel Providers.
  • any personal injury, death, property damage, or other damages or expenses resulting from the foregoing.

Travel Providers provide us with information describing the Travel Services. This information includes details of the Travel Service, photographs, rates, and the relevant Rules and Restrictions, etc. We display this information through our Service. Travel Providers are responsible for ensuring that such information is accurate, complete, and up-to-date. Our Company and our Partners shall not be liable for any inaccuracies in such information unless and only if we directly cause such inaccuracies (and this also includes property ratings which are for guidance only and may not be an official rating).

Our Company and our Partners do not make any warranties as to the availability of specific Travel Services. The photographs and illustrations on our Service are provided as a guide to show you the level and type of accommodation only. For more information on the content shown on our Service, please visit the Content Guidelines.

To the maximum extent permitted by law, except as expressly set out in these Terms:

  • All information, software, or Travel Services displayed through our Service are provided without warranty or condition of any kind. This includes without limitation any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, or non-infringement.
  • Our Company and our Partners disclaim all such warranties and conditions. The display of Travel Services through our Service does not constitute an endorsement or recommendation of such Travel Services by our Company or our Partners.
  • Our Company and our Partners disclaim to the fullest extent permitted by law all warranties and conditions that our Service, its servers, or any email sent by us or our Partners are free of viruses or other harmful components.

To the maximum extent permitted by law and subject to the limitations of these Terms, neither our Company nor our Partners shall be liable for any direct, indirect, punitive, special, incidental, or consequential loss or damage arising out of:

  • the Travel Services.
  • the use of our Service.
  • any delay or inability to use our Service.
  • your use of links from our Service, whether caused by negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if our Company and our Partners have been advised of the possibility of such damages.

If our Company or our Partners are liable for any loss or damage under these Terms, then to the maximum extent permitted by law, we shall only be liable to you for direct damages which were:

  • reasonably foreseeable by both you and us (or our Partners as applicable).
  • actually suffered or incurred by you.
  • directly attributable to our actions (or the actions of our Partners as applicable).

In the event of any liability of our Company and/or our Partners, such liability shall in no event exceed in the aggregate the greater of (a) the cost paid by you for the Travel Services in question or (b) one hundred US dollars (US$100.00) or its local currency equivalent. This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms are for the benefit of our Company and our Partners.

Any event of force majeure, including disruption of means of communication or a strike (by airlines, properties, or air traffic controllers as applicable) shall give rise to the suspension of the obligations under these Terms which are affected by the force majeure event. In such case, the party affected by the force majeure event shall not be liable as a result of the impossibility of fulfilling such obligations.

Section 9: Indemnity

You agree to defend and indemnify our Company and our Partners and any of their officers, directors, employees, and agents from and against any claim, cause of action, suit, recovery, loss, damage, fine, penalty, or other costs or expenses of any kind or nature (“Losses”), including without limitation reasonable legal and accounting fees incurred by any third party as a result of:

  • your breach of these Terms or of any documents referenced herein.
  • your violation of any law or the rights of a third party.
  • your use of our Service to the extent that such Losses are not caused directly by the actions of our Company or our Partners (as applicable).

Section 10: Intellectual Property Policy and Notices

Copyright and Trademark Notices

All content on our Service is ©2023 Staymigo. All rights reserved. Staymigo, Staymigo.com, the Staymigo logo, Staymigo Rewards, and the airplane logo, among others, are trademarks or registered trademarks of Staymigo. Other logos and product and company names mentioned herein may be trademarks of their respective owners. We are not responsible for the content of websites operated by third parties other than us.

Our Service may contain links to websites operated by third parties other than us. These links are provided for your reference only. We do not control such websites and are not responsible for their contents or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.

If you are aware of an infringement of our trademark, please inform us by sending an email to TrademarkComplaints@Staymigo.com. We only send messages related to trademark infringement to this email address.

Section 11: Software Available on Our Service

Software

For any Software not accompanied by a License Agreement, we grant you a limited personal, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the Software to use our Service in accordance with these Terms and Conditions and for no other purpose. The Software is provided to you free of charge.

All software (such as all HTML code and Active X controls, etc.) contained on our Service is owned by our Company, our Partners, or our respective suppliers. All software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is prohibited by law and may result in severe civil and criminal penalties. Any person who violates this will be prosecuted.

Without limiting the foregoing, copying or reproducing the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

Section 12: Your Privacy and Personal Information

We are committed to the privacy, confidentiality, and security of the personal information entrusted to us. Please review our current Privacy Statement, which also governs your use of our Service and is incorporated by reference into these Terms to understand our practices.

Section 13: Rewards Program

We have a free loyalty program available to our travelers. For more information about our program and its benefits, please refer to our current terms and conditions. These are incorporated by reference into these Terms.

Section 14: Disputes and Arbitration

Please read this section carefully. It requires that all and any claims be resolved through binding arbitration or in small claims court and prohibits you from filing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements, including but not limited to the United States. If you are located outside of the United States but seek to bring a claim in the United States, arbitration is required to determine the threshold of whether this dispute resolution section applies to you as well as all other threshold determinations including residency, arbitrability, venue, and applicable law. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution and class action waiver set forth below shall still apply to the extent required by law.

We are committed to traveler satisfaction and to resolving consumer disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation and negotiation of your claim with our Traveler Care team; and if necessary, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or for arbitrations outside the United States, an agreed-upon arbitral tribunal. Both you and we retain the right to seek relief in small claims court as an alternative to arbitration.

Section 15: General Provisions

Applicable Law and Jurisdiction

These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware without regard to conflict of laws principles.

Insurance

Unless otherwise stated, the prices shown do not include travel insurance. It is recommended that you purchase insurance that covers the consequences of certain cancellations and specific risks (such as repatriation costs in case of accident or illness). You are responsible for ensuring that any insurance policy you purchase adequately covers your needs. You may be shown certain travel insurance products. If so, details of the insurance provider, relevant key information, and terms and conditions will be displayed on our Service.

Waiver

Our failure or delay in enforcing any provision of these Terms shall not constitute a waiver of our right to enforce the same or any other provision of these Terms in the future.

Severability

If a court or other competent authority determines that any provision (or part of a provision) of these Terms is invalid, illegal, or unenforceable, that provision (or part-provision) shall, if necessary, be deemed not to form part of these Terms. In such case, the validity and enforceability of the other provisions shall not be affected.

Entire Agreement

These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us regarding our Service.

Assignment

We may, and you may not, assign, subcontract, or delegate any rights, duties, or obligations under these Terms.

Third Party Rights

Except as expressly stated in these Terms, we do not intend that any part of these Terms shall be enforceable by any person who is not a party to these Terms. The consent of any third party shall not be required for the waiver, variation, or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable law or regulation in relation to the rights of third parties to enforce any part of these Terms.

Survival of Obligations

Any provision of these Terms which expressly or by its nature imposes obligations after the expiry or termination of these Terms shall survive such expiry or termination.