By purchasing and printing a Day Pass ("Day Pass"), defined as a day access to the hotel or resort property, from DayAxe (the "Site"), or any other website associated with DayAxe, you agree to the additional terms and conditions ("Terms of Sale") as provided hereafter. If you do not agree to the Site's Terms of Service or Terms of Sale, you should refrain from using the Site.

 


All Day Passes, printed from the Site are promotional day passes that are issued in connection with a promotional program, and may be purchased from participating hotels and resorts ("Hotels") through the Site to be used in exchange for services or goods. During the Designated Promotional Offer Period, the Day Passes will be honored for greater value than their actual cost. By placing an order for a Day Pass from a Hotel through the Site, you make an offer to purchase the Day Passes you have selected on the following terms and conditions. You are required to create a profile with DayAxe in order to purchase and print any Day Pass. This will provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Day Pass. For more information about our collection of personal information, please view our Privacy Policy.

 

 

The Day Pass you purchase through the Site is redeemable for services or goods by the Hotel. The Hotel, not DayAxe, is the issuer of the Day Pass and the sellers of goods and services and is solely responsible for redeeming any Day Pass you purchase. Any request for a refund must be submitted in writing within 24 hours of purchase to the email address support@DayAxe.com. DayAxe can only issue refunds to the original card holder's credit card.

 

 

Promotional Day Passes are distributed in connection with Promotional Programs.

 

 

"Hotel" hereafter shall be defined as a Hotel or Resort who offers Day Passes for sale in its regular business operations, and is making such services available to purchasers of Day Passes. All Day Passes shall be subject to the terms and conditions of DayAxe and the participating Hotel. The Hotel is the seller of the goods or services, which you are purchasing.

 

 

The holder and issuer of a Hotel Day Pass is the Hotel. As a holder and issuer of the Day Pass, the Hotel shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Hotel, as well as for any unclaimed property liability arising from unredeemed Day Passes or portions thereof.  You waive, and release DayAxe and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Hotel in connection with a Day Pass or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Day Passes or any portion thereof. Hotel Day Passes are redeemable in their entirety and on a one-time basis only and may not be redeemed incrementally.

 

 

  • Redemption Limit. Unless otherwise specified on the Day Pass or by the Hotel, there is a limit one (1) Day Pass per redemption.
  • Access Restrictions. The Day Pass includes access to the entire Hotel property and its amenities, unless otherwise specified certain amenity restrictions printed on the day pass.  For example, if you bought a Day Pass that includes access to the entire Hotel property except for pool, upon redemption you will not be able to use the Hotel’s pool.
  • Redemption Quantity of People. Unless otherwise specified on the Day Pass or the Hotel, Day Pass is valid for up to 2 adults per pass.
  • Day Pass Validity. Unless otherwise specified on the Day Pass or the Hotel, Day Pass is valid for 3 days (72 hours) from purchase. For example, if you bought a Day Pass at 5 PM on July 2, 2016 you will only be able to redeem the Day Pass from the Hotel until 5 PM on July 5, 2016. 
  • Blackout Days. Unless otherwise specified on the Day Pass or by the Hotel, each pass is subject to Day Pass availability constrained by hotel capacity and therefore subject to redemption restrictions on hotel specified days (“Blackout days”), which may lie within 72 hours period of your purchase. In that case the redemption time is extended by the amount of time of the Blackout days. For example, if you bought a Day Pass at 5 PM on July 2, 2016 and the hotel has a blackout day on July 4 2016. You will be able to redeem the Day Pass from the Hotel until 5 PM on July 6, 2016, as the redemption time is extended to 24 hours (the total time of the blackout period).
  • Redemption Check-in Time. Unless otherwise specified on the Day Pass or by the Hotel, each check-in time vary per Hotel, which is stated on each Day Pass. 
  • Purchaser’s Proximity. Most hotels only offer day passes only to locals who live within 2 to 50 miles from hotel physical location. Unless otherwise specified on the Day Pass or by the Hotel, there is a restriction of how far the Day Pass purchaser lives from hotel. Each hotel determines its desired day pass holder proximity, which is enforced upon check out and confirmed by purchaser’s billing zip code. 
  • Application and Combining Offers. A Day Pass may be applied only to services provided by Hotel, and may not be applied to shipping or handling charges. A Day Pass cannot be combined with any other Day Passes, third party certificates, coupons, or promotions, unless otherwise specified by Hotel.
  • Credit. The issuing of credit is at the sole discretion of the Hotel unless otherwise required by law.
  • Room Access. The Day Pass does not include room access and may not be applied towards the room booking. 
  • Refusing Service. Hotel may reasonably refuse to provide services to any DayAxe day guests at any time before or during the stay, within reasonable explanations of such refusal. For example, if the DayAxe day guests appear in inappropriate for hotel xxx, such guests will be refused a check-in. Day guests that are disturbing other guests by creating noise on the Hotel properties may be asked to leave the premises without further notice. 
  • Concierge Services. Hotel may not be obligated to provide prompt concierge services to DayAxe day guests due to such services being reserved and prioritized for overnight staying guests. 
  • Loss of Day Pass. Neither DayAxe nor the Hotel is responsible for lost or stolen Day Passes or Day Pass's reference number.
  • Voiding. Reproduction, sale or trade of a Hotel Day Pass is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with the terms and conditions will render the Day Pass null and void. Void to the extent prohibited by law.
  • Partial Redemption. If you redeem the Day Pass for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value (NOT the Promotional Offer Value) and the amount you redeemed from the Hotel, to the extent required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Day Pass exceeds the amount you redeemed. For example, if you paid $30 for a Day Pass which entitles you to purchase $60 of product by December 31, 2010 and you make a purchase for $50 on December 15, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Hotel (in this case, $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Day Pass.

 

 

By using this Site and printing a Day Pass, you agree that: (1) any claim, dispute, or controversy you may have against DayAxe arising out of, relating to, or connected in any way with this agreement, or the Site and purchase or sale of any Day Pass(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by DayAxe and you; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or DayAxe's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DayAxe will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor DayAxe shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.

 

 

DayAxe is located at 2326 Glendon Ave, Los Angeles, CA 90064. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

 


Last Updated: Jun 26, 2016