Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and RoomRefund LLC, a Colorado limited liability company. They govern your access to and use of the RoomRefund mobile application, website at roomrefund.com, and all related services.

2. Nature of Service

2.1 Marketplace Facilitator Only

RoomRefund operates exclusively as a marketplace connecting Sellers and Buyers of hotel booking transfer opportunities. RoomRefund is not a hotel, travel agency, financial institution, payment processor, or money transmitter.

2.2 Not a Money Transmitter

All payment processing is performed exclusively by Stripe, Inc. RoomRefund does not hold, transfer, or control user funds except as a limited escrow agent pending transaction confirmation.

2.3 How the Service Works

Seller lists a non-refundable hotel booking. RoomRefund matches Seller with a Buyer. Buyer pays via Stripe escrow. Upon Seller confirmation, the hotel refunds the Seller's original card. RoomRefund retains a 15% service fee. The booking transfers to Buyer upon hotel confirmation.

2.4 Critical Limitations

RoomRefund cannot guarantee that any hotel will issue a refund. Hotel policies vary by property and circumstances. RoomRefund has no control over any hotel's decision to approve, deny, or delay a refund. A Seller's sole remedy is against the hotel directly.

3. Eligibility

To use the Services you must: (a) be at least 18 years of age; (b) have legal capacity to enter into binding contracts; (c) not be prohibited under applicable law; and (d) provide accurate and complete registration information.

4. User Accounts

4.1 Registration

You agree to provide accurate, current, and complete information and to keep it updated.

4.2 Security

You are solely responsible for your account credentials. Notify us immediately at support@roomrefund.com of any unauthorized use.

4.3 One Account Per User

Creating multiple accounts to circumvent restrictions or for fraudulent purposes is prohibited.

4.4 Termination

RoomRefund may suspend or terminate your account at any time for any reason, including violation of these Terms or suspected fraud.

5. Seller Terms

5.1 Representations and Warranties

By listing a booking you warrant that: you are the lawful holder with full right to transfer it; all details are accurate and not misleading; the booking is in good standing; it is non-refundable under the hotel's standard policy; listing does not violate any hotel policy or applicable law.

5.2 Confirmation Obligation

Upon notification of a match, Seller must confirm within 24 hours. Failure results in automatic voiding, a full refund to Buyer, and may result in account suspension.

5.3 No Guarantee

RoomRefund does not guarantee any listing will be matched or that a match will result in a completed transaction.

6. Buyer Terms

6.1 Payment Obligation

By claiming a deal, Buyer agrees to pay the listed price in full via Stripe.

6.2 Buyer Guarantee

If Seller fails to confirm within 24 hours, Buyer receives a full refund within 5-7 business days. If a listing contains materially false information, Buyer receives a full refund within 5-7 business days.

6.3 No Refund After Confirmed Transfer

Once a booking transfer is confirmed by all parties and acknowledged by the hotel, the transaction is final and non-refundable except as provided in Section 6.2.

7. Fees and Payment

RoomRefund charges a 15% service fee on all completed transactions. Buyers pay only the listed price with no additional fees. RoomRefund may modify its fee structure upon 30 days' written notice.

8. Prohibited Conduct

You agree not to: list bookings you don't hold; provide false or misleading information; circumvent the platform by transacting directly with users found through RoomRefund; use bots or scrapers; attempt to reverse engineer the App; use the Services for any fraudulent or illegal purpose; violate any applicable law.

9. Intellectual Property

All content and features of the Services are owned by RoomRefund or its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial use only.

10. Privacy

Your use of the Services is subject to RoomRefund's Privacy Policy, incorporated into these Terms by reference.

11. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROOMREFUND DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROOMREFUND MAKES NO WARRANTY THAT ANY HOTEL REFUND WILL BE ISSUED OR THAT ANY BOOKING TRANSFER WILL BE COMPLETED.

12. Limitation of Liability

ROOMREFUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ROOMREFUND'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) TOTAL FEES PAID BY YOU IN THE PRECEDING 12 MONTHS; OR (B) $100.00 USD.

13. Indemnification

You agree to indemnify and hold harmless RoomRefund, its members, officers, directors, employees, and agents from any claims, liabilities, losses, damages, and expenses arising out of your use of the Services, your violation of these Terms, or your violation of any applicable law.

14. Dispute Resolution and Arbitration

Mandatory Arbitration

Any disputes arising out of these Terms will be resolved by binding individual arbitration administered by the AAA under its Consumer Arbitration Rules, conducted in Denver, Colorado.

Class Action Waiver

You and RoomRefund each waive any right to pursue disputes on a class-wide or representative basis. All disputes must be brought individually.

Governing Law

These Terms are governed by the laws of the State of Colorado. Non-arbitration disputes are subject to exclusive jurisdiction in Denver County, Colorado.

Time Limitation

Any claim must be filed within one (1) year after it arose. Claims filed after this period are permanently barred.

15. Modifications

RoomRefund may modify the Services or these Terms at any time. Material changes will be communicated via the App, Site, and/or email. Continued use following notice constitutes acceptance.

16. Miscellaneous

These Terms constitute the entire agreement between you and RoomRefund. If any provision is held unenforceable, the remaining provisions continue in full force. You may not assign these Terms without RoomRefund's prior written consent.