Terms and Conditions

Welcome to Lodgingly.com and booking.lodgingly.com website (the “Website”), a service of Philos Hospitality, Inc. d/b/a Lodgingly, Inc. By using this Website to book reservations or services, you agree to be bound by these Terms of Use, as modified by us from time to time.

DEFINITIONS

As used in these Terms of Use, the following terms have the following meanings:

“Lodgingly”, “we”, “us”, and “our” refer to Philos Hospitality, Inc. d/b/a Lodgingly, Inc., a non-profit corporation of the State of Oklahoma.
“You” and “your” refer to any visitor or user of this Website.
“Third Party Provider” refers to the providers of services which may be reserved or obtained through the Website or with our assistance, including but not limited to hotels, transportation providers, pet boarding services, and restaurants.

MINIMUM QUALIFICATIONS

You may use this Website only if you meet the following minimum qualifications:

You are at least 18 years of age;
You have received a discount or referral code to the Website by or through a healthcare provider and because you or your loved one are receiving medical care from the healthcare provider.
You intend to use this Website to make reservations so that you or your loved one are able to receive medical care from the healthcare provider.
You do not intend to use this Website or any of the Third Party Providers’ services for any commercial purpose.
You are the lawful owner of the credit card used to book any reservations through this Website, or you have been specifically and directly authorized by the owner of the card to use the card for the specific transaction.

OUR RIGHT TO CANCEL

We retain the right at our sole discretion to deny access to this Website and the services of the Third Party Providers through this Website to anyone and at any time and for any reason, including, but not limited to, for violation of these Terms of Use. We also retain the right to cancel any reservations which we believe were made by anyone not meeting the minimum qualification or any reservations made in violation of these Terms of Use.

If we cancel a reservation for one of these reasons, and the reservations are non-refundable by the Third Party Provider, we reserve the right not to issue you a refund for the cancelled reservation. If you conduct any fraudulent or illegal activity through this Website, we may take necessary legal action against you, and you may be liable for monetary losses we incur, including litigation costs and damages.

PROVIDER RULES AND RESTRICTIONS

Additional terms and conditions may be imposed by the Third Party Providers. By reserving Third Party Provider services through this Website, you agree to review the terms and conditions imposed by the Third Party Provider and to abide by those terms and conditions fully. You also agree that any violation of any such terms and conditions may result in cancellation of your reservation or denial of service to you and in forfeiture of any monies paid for such reservation or services. We also reserve the right to charge your credit card for any costs we incur as a result of such violation.

You also agree to provide payment in full for all goods and services provided to you, in accordance with the conditions of purchase and payment terms imposed by the Third Party Provider.

PREPAID HOTEL RESERVATIONS

Lodgingly pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. As a result of providing this service to you, we receive a facilitation fee from the hotel supplier. The room rate displayed on the Website’s booking page is a combination of the pre-negotiated room rate for rooms reserved on your behalf and the facilitation fee.

By booking a reservation through the Website, you authorize Lodgingly to arrange your requested reservations for the total reservation price, and you authorize Lodgingly or its agent to charge your credit card the total reservation price.

The total reservation price includes the room rate displayed on the Website, plus service fees, and applicable taxes. The total reservation price does not include all expenses which you may incur at the hotel. If you incur any additional charges at the hotel for any reason, such as food from the hotel restaurant or room service, room cleaning, additional hotel taxes, or other amenities, you agree to pay such charges to the hotel upon request by the hotel.

CANCELLATION OF RESERVATIONS

If you elect to cancel or change a hotel reservation prepaid through the Website, cancellation charges may be assessed by the hotel. Review the hotel’s terms and conditions carefully. You agree to pay any cancellation or change fees that you incur. If you do not cancel or change your reservation before the allowed cancellation period recognized by the hotel, you will not receive a refund of the total reservation price unless the hotel, at its discretion, elects to issue a refund.

DIRECT PAYMENT TO THIRD PARTY PROVIDERS

While Lodgingly accepts and processes your payment for hotels reserved through this Website, other services reserved through the Website or obtained with the assistance of Lodgingly may require you to pay the Third Party Provider directly. If you incur any charges from a Third Party Provider which requires your direct payment, you agree to pay such charges to the Third Party Provider upon request.

WEBSITE ERRORS

The information, products and services described on this Website may include inaccuracies or errors, including pricing errors. Lodgingly does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to, the information and description of the services displayed on this Website (including, without limitation, the pricing, photographs, distances and travel times, list of hotel amenities and add-ons, etc.). In addition, Lodgingly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

LIABILITY DISCLAIMER

The Third Party Providers providing services reserved through the Website or with our assistance are not representatives or agents or employees of Lodgingly. While Lodgingly facilitates rate discounts for lodging, transportation, pet care, and food, Lodgingly is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Third Party Provider, for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. By utilizing the Website and by reserving or receiving services from the Third Party Providers, you agree to hold harmless and release Lodgingly and its directors, officers, employees, and agents from and against any liability whatsoever resulting directly or indirectly from your hotel stay or receipt of other services booked through this Website or with our assistance, regardless of the circumstances and even if you deem Lodgingly negligent.

The guest(s) booking and or staying in the hotel rooms provided through the Lodgingly reservation system are responsible for damages caused by guest(s) to the hotel room or hotel property, which may include prohibited smoking in the room, destruction of hotel property, missing hotel property or items, etc. The guest will be billed directly from the hotel for damage caused by the guest to hotel property or loss of hotel property.

Lodgingly also is not responsible for and will not provide refunds for, any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we disclaim any responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. If any of these issues arise, you will seek redress directly from the Third Party Provider.

Additionally, in no event shall Lodgingly be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your use of this Website or any services booked provided through this Website or with our assistance.

If, despite the limitations of this Liability Disclaimer, Lodgingly is found liable for any loss or damage arising out of or in any way connected with any of the occurrences described above, then the liability of Lodgingly will in no event exceed, in the aggregate, the greater of (a) the facilitation fee paid to Lodgingly in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00).

The limitation of liability contained within this section reflects the allocation of risk between the parties and Lodgingly’s status as a charitable non-profit organization. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Lodgingly.

INDEMNIFICATION

You agree to defend and indemnify Lodgingly and its directors, officers, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

your breach of these Terms of Use or the documents referenced herein;
your violation of any law or the rights of a third party;
your use of this Website;
your receipt of any goods or services from any Third Party Provider;
any injury or property damage experienced by you or any of your dependents; and
any injury or property damage caused by you or any of your dependents.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Lodgingly. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

All contents of this Lodgingly.com and booking.lodgingly.com Websites are ©2022 Philos Hospitality, Inc. d/b/a Lodgingly, Inc. All rights reserved. Lodgingly, Lodgingly.com, booking.lodgingly.com, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Philos Hospitality, Inc. d/b/a Lodgingly, Inc. and are either registered trademarks or trademarks of Philos Hospitality, Inc. d/b/a Lodgingly, Inc. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Lodgingly is not responsible for content on websites operated by parties other than Philos Hospitality, Inc. d/b/a Lodgingly, Inc.

REVISIONS

Lodgingly reserves the right to change these Terms of Use at any time and without notice. Your continued use of the Website after the posting of changes to these Terms of Use constitutes acceptance of those changes. If any provision of the Terms of Use is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected.

GOVERNING LAW

These Terms of Use shall be governed by the laws of the State of Oklahoma, United States of America, without giving effect to any principles of conflicts of law. Any action to enforce these Terms of Use or any matters related to this Website shall be brought in either the state or federal courts located in Tulsa County, Oklahoma, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action .

PRIVACY STATEMENT

This Privacy Statement explains our practices, including your choices, regarding the collection, use, and disclosure of certain information, including your personal information, by Philos Hospitality, Inc. d/b/a Lodgingly, Inc.. By visiting https://www.lodgingly.com/ or https://www.booking.lodgingly.com (the “Website”), you are accepting the practices described herein.

WHAT INFORMATION WE COLLECT FROM YOU

In General: We receive and store any information you enter on our Website or provide us via email or telephone or in any other way. This may include information that can identify you (“personal information”), such as your first and last name, telephone number, credit card information, information concerning the location of the applicable medical stay and possible duration of it, information concerning the nature of the medical condition(s) necessitating the medical stay; and your postal and email addresses.

Automatic Information. We automatically collect some information about your computer and your online activity when you visit the Website. For example, we may collect your IP address, information about what web browser software you use to access the Website, referring website, and information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, as well as the date and time). Our goals in collecting this automatic information include helping to customize your user experience and inhibiting fraud.

DATA PROTECTION

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.

HOW WE USE YOUR INFORMATION

We use information about you for the following general purposes: to provide you with the products and services you request; to verify that you or your loved one are receiving medical services necessitating a medical stay; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services and the Website; to otherwise customize your experience with the Website; to solicit information from you; to resolve disputes, or troubleshoot problems; to prevent, investigate or take action on potentially prohibited or illegal activities; to enforce our Terms of Use; for activities related to our business; and as otherwise described to you at the point of collection.

WITH WHOM WE SHARE YOUR INFORMATION

We may share your information:

With lodging providers offering discounts in association with Lodgingly.
With providers of add-on services you select, such as transportation assistance, pet boarding, restaurant discounts, and prayer support.
With the medical provider providing the medical services which necessitate your or your loved one’s medical stay.
With Stripe, the credit card processor, handling payment for the lodging and services you book through our Website. Form more information on Stripe, go to: Security at Stripe | Stripe Documentation
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
When we believe it is appropriate to investigate, prevent or take action regarding illegal or suspected illegal activities; or to protect and defend the rights, property or safety of our company, the Website, our customers or others.
With your consent.

Other than as set forth above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

COOKIES AND OTHER TECHNOLOGIES

Cookies are small data text files and can be stored on your computer’s hard drive (if your web browser permits). They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization.

This Website uses cookies and other technologies (such as web beacons) for the following general purposes:

To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our Website.
To help measure and research the effectiveness of Website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

YOUR RIGHTS AND CHOICES

You have certain rights and choices with respect to your personal information, as described below:

You can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. To make a request, email us at info@lodgingly.com. We may reject requests that are unreasonable or not required by law, including those that would be impractical, could require disproportionate technical effort, or could expose us to risks such as free trial fraud. We may also retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes, and to fulfill the purposes described in this Privacy Statement.

If we are processing your personal information on the basis of your consent, you may withdraw that consent at any time by contacting us. Withdrawing your consent will not affect the lawfulness of any processing that occurred before you withdrew consent and it will not affect our processing of your personal information that is conducted in reliance on a legal basis other than consent.

CHILDREN’S PRIVACY

This is a general audience site and does not offer services directed to anyone under age 18. Should a person we know to be under 18 send personal information to us, we will use that information only to respond directly to that person to inform him or her that we must have parental consent before receiving his or her personal information.

EXTERNAL LINKS

If any part of this Website links you to other websites, those websites do not operate under this Privacy Statement. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

CHANGES TO THIS PRIVACY STATEMENT

We will update this Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. Your continued use of Lodgingly’s services after any such update take effect will constitute acceptance of those changes.

HOW YOU CAN CONTACT US

For questions specifically about this Privacy Statement or our use of your personal information, cookies or similar technologies, please contact us by email at info@lodgingly.com, or call us toll-free at 1-833-736-1493.

Terms and Conditions

PRIVACY STATEMENT

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