TERMS OF SERVICE

“Bennie” is an affiliate marketing service that allows influencers to recommend and provide access codes to their social networks to book hotel reservations at discounted rates. (the “Service”). These terms of service (these “Terms”) are important as they, together with any booking confirmation (a “Confirmation”), set out the legal terms on which we provide the Service. Terms also cover any interactions or communications you have with through the Service. For material changes, we will provide a short summary at the top of these Terms. Any existing bookings will continue to be governed by the Terms that applied when the booking was made.

Your use of the Service is subject to these Terms and it is a condition of using the Service that you accept these Terms. If you do not accept these Terms, then please do not use the Service.

We may make changes to these Terms by updating them at any time and your continued use of the Service after any changes come into effect will constitute your acceptance of the updated Terms. Any existing bookings will continue to be governed by the Terms that applied to your booking when the booking was made. We recommend that you save or print a copy of these Terms.

Section 12 (Dispute Resolution) below contains an arbitration agreement and class action waiver that apply to all claims brought against us in the United States. Please read them carefully.

Definitions. As used in these Terms:

“we”, “us” or “our” refer to If You Arlo, LLC, a Delaware limited liability company doing business as “Hello Bennie,” which, together with our subsidiaries and affiliates, provides the Service.

“Content” refers to all text, descriptions, reviews, photographs, images, videos, software, and other content submitted to the Service.

“The Service” refers to the arrangement for hotel reservations through our websites, mobile applications and online tools.

“Hotel” refers to the lodging facility making available hotel services to you through the Service.

“Hotel Services” refers to the Hotel Services made available to you by the relevant Hotel(s) through the Service.

“You” and “your” refers to you, the person using the Service.

1. Who we are, what we do

Bennie is an affiliate/marketplace facilitating introductions and reservations. When an influencer (who may be someone you know) recommends a hotel property, they will provide a code that you can use to make a reservation through our Service. While these hotels provide Hotel Services, we will be the merchant of record and through a third party, will process payments.

If you make a reservation using a code provided by an influencer, the influencer may earn a commission or other compensation (such as complimentary room nights) at no additional cost to you. Any recommendation made by an influencer are based on their own opinions.

2. Hotel Rules

In addition to these Terms, other terms and conditions provided by Hotels (such as hotel's terms and conditions) will also apply to your booking (“Hotel Rules”). We do not control the Hotel Rules, but you will have an opportunity to review the Hotel Rules before you use the Service to make a hotel reservation.

To make a booking, you must accept the Hotel Rules of the Hotel that you select (such as payment of due amounts, cancellation policies, refundability, availability restrictions and use of fares or services). The relevant Hotel Rules are incorporated by reference into these Terms.

If you violate Hotel Rules, you may be subject to the penalties contained in the relevant Hotel Rules, which may include cancelling your booking and loss of access to the relevant Hotel Service. You may also lose any money paid for such booking, depending on the Hotel Rules.

3. Using the Service

We provide the Service to allow you to make reservations at hotels recommended to you by individuals you know and trust and who provide you a unique access code. It is provided to you for no other purpose.

You agree that:

• you will only use the Service for personal and non-commercial purposes
• you must be at least 21 years old and have the legal authority to enter into contracts
• you will use the Service lawfully and in compliance with these Terms
• all information supplied by you is true, accurate, current and complete
• if you book on behalf of others:
  • you will obtain their authorization prior to acting on their behalf
  • you will inform them about these terms and any other terms that apply to the booking (including the Hotel Rules) and ensure that they agree to, and will comply with, such terms, and
  • you will be responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the booking.

You also agree not to:

• make any false or fraudulent booking
• access, monitor or copy any content on the Service using any robot, spider, scraper or other automated means or any manual process
• violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service
• take any action that imposes, or may impose, an unreasonable or large load on our infrastructure
• deep link to any part of the Service
• “frame”, “mirror” or otherwise incorporate any part of the Service into any other website.

Access. We may, in our reasonable discretion, deny anyone access to the Service at any time for any valid reason. We may also make improvements and changes to the Service at any time.

4. Confirming a booking

Your Confirmation includes the essential elements of your booking, such as the description of the Hotel Service booked and the price.

We will send your Confirmation and any relevant travel documents to the email address you provide when you book. If you do not receive your Confirmation within 24 hours of making your booking, please contact us.

5. Payment

Merchant of Record

For most bookings, we will be the merchant of record and, through a third party, will charge your payment method directly for the Hotel Services.

Price

The price of the Hotel Service(s) will be as displayed on the Service, except in cases of obvious error. Prices for Hotel Services are dynamic and can change at any time. Price changes will not affect bookings already accepted, except in cases of obvious error. We try to ensure that the displayed price is accurate. We reserve the right to correct any pricing errors on the 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 make available Hotel Services to you at an incorrect (lower) price even after you have been sent a Confirmation, if the error should reasonably have been apparent to you.

Taxes and Fees

The prices displayed through the Service may include taxes or tax recovery charges. Such taxes or tax recovery charges may include amounts associated with value-added tax, goods and services tax, sales tax, occupancy tax and other taxes of a similar nature. Taxes or tax recovery charges are generally calculated or estimated on the prices displayed through the Service before any discounts (including those funded by us), coupons and loyalty rewards that may be applicable to your booking, unless those discounts, coupons and loyalty rewards are considered as a reduction in price for the purposes of calculating or estimating taxes in the relevant jurisdiction for the booking.

You acknowledge that except as provided below with respect to tax obligations on the amounts received from you, including facilitation fees and service fees where applicable in accordance with Section 6(Stays) below, we do not collect taxes for remittance to applicable taxing authorities. The Hotels are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by jurisdiction. The actual amounts we pay to the Hotels may vary from the tax recovery charge amounts, depending upon the rates, taxability, and other factors in effect at the time of the actual use of the services provided by the Hotel.

In certain jurisdictions, you may be responsible for paying local taxes imposed by local tax authorities (such as city taxes or tourist taxes). We or the Hotel may charge you such local taxes. We will notify you of any local taxes that will be payable by you before you complete your booking, where such taxes have been notified to us by the Hotel.

The amount of local taxes can change between the booking date and stay date. If taxes have changed by your stay date, you may be liable to pay taxes at the higher rate.

Payment processing

Our Privacy Policy provides information on how we use your payment and account information when you elect for us to store a credit or debit card or other payment method for future use.

Payment verification

You authorize the relevant company or the Hotel to:

• verify your payment method by obtaining a pre-authorization, charging a nominal fee or through other verification means, and
• on verification, charge your payment method.

Fraud

If a booking or account shows, in our reasonable view, signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request additional information from you.

If we reasonably conclude that a booking or account is associated with fraud, abuse, a government-sanctioned person or entity or suspicious activity, we may:

• cancel any bookings associated with your name, email address or account
• close any associated accounts, and
• take legal action, including to seek to hold you liable for any loss.

Please contact us about the cancellation of a booking or closing of an account.

6. Cancelling or changing a booking

Cancellation or change by you

Cancellations or changes (with respect to the travel dates, hotel, number of guests, or room type) to a booking can be made by contacting us.

You do not have an automatic right to cancel or change a booking unless allowed by the relevant Hotel under their Hotel Rules (which are provided to you before you make a booking).

Hotels may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Hotel Rules. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Hotel Services. Prices tend to increase the closer to the departure date that the change is made.

Please read the relevant Hotel Rules, so you know which terms apply to your booking. For example:

• if you book a stay at a property and you do not cancel or change your booking before the relevant cancellation policy period, you may be subject to the cancellation or change charges as shown in the relevant Hotel Rules
• some properties do not permit cancellations of, or changes to, bookings after they are made
• if you make a booking and you do not show up or cancel the booking, the property may impose a no-show or cancellation charge as shown in the relevant Hotel Rules and you will be charged the property's no-show or cancellation charge, and
• if you do not show up or fail to use some or all of the services you reserved, refunds may only be due to you in line with the relevant Hotel Rules.

If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Hotel, then, in addition to any charges imposed by the Hotel, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.

Other cancellation or change

We (and the relevant Hotel) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due.

For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane), it is possible that a booking may be cancelled or changed by the Hotel or us. If this happens, we will make reasonable efforts to notify you as soon as possible and offer alternative options/assistance where possible or a refund.

Refund

Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. We do not have visibility of a Hotel's refund process. Our fees are not refundable unless this is stated otherwise during the booking process.

7. Hotel Service Specific Terms

Deposit

Some Hotels require a payment card or cash deposit at check-in to cover extra expenses incurred during your stay. Such deposit is not related to any payment received by the relevant company for your booking.

First night no-show

If you do not show for the first night of your stay booking, but plan to check in for the subsequent nights, please confirm this with us before the original check-in date. If you do not confirm this, then your whole booking may be cancelled. Refunds for no-shows will only be due to you as provided in the relevant Hotel Rules.

Group bookings

You may not book more than 9 rooms through the Service for the same property for the same stay dates. If you book more than 9 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. You may be asked to sign a written contract or pay a non-refundable deposit.

8. Liability

Our liability

To the maximum extent permitted by law, we accept no liability for:

• any such Hotel Services that the Hotels make available to you
• the acts, errors, omissions, representations, warranties or negligence of any such Hotels, or
• any personal injuries, death, property damage or other damages or expenses resulting from the above.

The Hotels provide us with information describing the Hotel Services. This information includes Hotel Service details, photos, rates and the relevant Hotel Rules. We display this information through the Service. The Hotels are responsible for ensuring that such information is accurate, complete and up to date. We will not be liable for any inaccuracies in such information, unless and only if we directly caused such inaccuracies (and this also includes property ratings which are intended as guidance only and may not be an official rating). We make no guarantees about the availability of specific Hotel Services.

Any photos and illustrations on the Service are provided as a guide to show you the level and type of accommodation only. The Service, including all information, content, services, functions made available on or accessed through the Service, is provided “as is”.

To the maximum extent permitted by law and except as expressly set out in these Terms, all information, software, content, services, functions, Hotel Services displayed or made available through the Service, or any products or services or hypertext links to third parties, or the transmission of sensitive information through the Service or any linked site, are provided without any express warranty or condition of any kind. The display of Hotel Services through the Service is not an endorsement or recommendation of such Hotel Services.

We disclaim, to the maximum extent permitted by law, all warranties and conditions that:

• the Service, its servers or any email we send are free of viruses or other harmful components, and/or
• any materials or content contained in the Service, its servers or any email we send will be uninterrupted or error free or that defects will be corrected.

To the maximum extent permitted by law and subject to the limitations in these Terms, we will not be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from the Hotel Services, the use of the Service, any delay or inability to use the Service, or your use of links from the Service, whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even we have been advised of the possibility of such damages.

If we are found liable for any loss or damage under these Terms, then, subject to the exceptions and limitations in these Terms and to the maximum extent permitted by law, we will only be liable to you for direct damages that were reasonably foreseeable by both you and us, actually suffered or incurred by you, and directly and exclusively attributable to our actions, and in the event our liability will in no event exceed, in total, the cost you actually paid for the Hotel Services in question.

This limitation of liability reflects the allocation of risk between you and us. The limitations specified in these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.

Indemnity

You agree to fully compensate us, our employees, and other people officially acting on our behalf, for any damages, losses, fines, costs or expenses (including reasonable legal and accounting fees), of any kind (“Losses”) that we incur or are liable for as a result of a claim being alleged or brought against them by a third party because of your breach of these Terms or the documents referenced in them, your violation of any law or the rights of a third-party, your use of the Service, or the Hotel Services booked through the Service, and/or any Content you provide or submit in connection with the Service, but only to the extent that the Losses are not directly caused by our actions. You will cooperate as fully as reasonably required if our Group of Companies is defending a claim.

We reserve the right to defend and take full control of any matter or claim that you are fully compensating our Group of Companies (and its employees, and other people officially acting on its behalf) in respect of, and you agree not to settle any matter or claim without our written consent. We will promptly provide notice to you of any such claims.

Release

If you have a dispute with one or more Hotels (including any dispute regarding any booking, transaction or Content) or any third-party provider, or any third-party website that may be linked to or from or otherwise interact with the Service, you agree that you will not involve, hold liable, or make any claim against, (including for Losses or compensation), us, our employees, and other people acting on our behalf, in any way in respect of the dispute. This paragraph will not apply to the extent that any such dispute is directly caused by us.

If you are a California resident, you waive the provisions of California Civil Code section 1542, which says: “[a] general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, which, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

9. Content

By submitting (or authorizing the submission of) Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such Content in any media, now known or later devised, for any purpose.

You acknowledge and agree:

• for any Content that you submit (or authorize others to submit) to the Service, that you have the legal right and authority to do so, and
• to the extent that the Content you submit (or authorize to submit) to the Service contains trademarks or other protected names or marks, that you have the legal right and authority to use such names, or marks.

You also grant us the right to legally pursue any person or entity that violates any intellectual property rights in, or attributable to, your Content.

You also acknowledge and agree that:

• we may choose to use the name that you submit with any Content to attribute your Content (for example, listing your first name and hometown on a review that you submit) at its reasonable discretion in a non-identifiable format. Such Content may also be shared with the Hotels.
• any Content you submit, or authorize to submit, to the Service is non-confidential and non-proprietary
• any Content you submit, or authorize to submit, to the Service is not misleading or deceptive or likely to deceive or mislead any person
• by submitting communications or Content to us, no confidential, fiduciary, contractually implied or other relationship is created between you and us, other than pursuant to these Terms, and
• you are fully responsible for your Content and all Content submitted by you must comply with our Content Guidelines.

If possible, in the event that you retain any rights of attribution, integrity or any other moral rights in any Content, you agree to waive your right to assert these or to require that any personally identifying information be used in connection with the Content, or any derivative works thereof, and affirm that you have no objection to the publication, use, modification, deletion or exploitation of your Content by us or any of our licensees.

We may exercise our rights (for example: to use, publish, display, or delete) to any Content without notice to you. All Content is subject to the Content Guidelines.

We claim no ownership or endorsement of, or affiliation with, any of your Content.

10. Intellectual property policy and notices

Copyright and trademark notices

All contents of the Service are © If You Arlo, LLC. All rights reserved. Bennie is a trademark of If You Arlo, LLC. Other logos and product and company names mentioned on the Service or these Terms may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us. The Service, and all content and information on the Service, is protected by copyright and other applicable intellectual property rights. To the maximum extent permitted by law, reproduction of the Service, in whole or in part, including the copying of text, graphics or designs, is prohibited.

Download information from the Service

You agree to abide by any and all copyright notices, information or restrictions contained in, or relating to, any content on the Service. Copying, storing or otherwise accessing the Service or any content on the Service other than for your personal, non-commercial use (other than in accordance with a valid listing) is expressly prohibited without our prior written permission.

The Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content 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.

Intellectual property infringement policy and complaints

We respect the intellectual property rights of others and do not permit, condone or tolerate the posting of any content on the Service that infringes any person's intellectual property rights. We reserve the rights to terminate, in appropriate circumstances, our relationship with anyone who is the source of repeated intellectual property infringement on the Service.

Social media / third party websites

In this Section “Social Media” means websites and applications that enable travelers and Hotels to create and share content or to participate in social networking, including but not limited to websites and applications such as X (formerly Twitter), Meta, Facebook, Instagram, Snapchat and other websites.

If the Service offers a service that allows us to access or use any profile or other information about you that you have provided to a Social Media site and you decide to use such tool or service, you acknowledge and agree that:

• the information or content that is a part of your Social Media site profile, which you have designated as “public” (or a similar designation) (“Social Media Content”), may be accessed and used by us in connection with the Service
• the Social Media Content will be considered Content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to your Content under these Terms
• in the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse, and
• the operation of your profile and account with and on the Social Media site shall continue to be governed by the terms and conditions and privacy policy of such Social Media site.

11. Your privacy and personal information

We respect the privacy, confidentiality, and security of personal information entrusted to us. We will collect and process your personal information in accordance with our Privacy Policy. For more information about how we process your personal information and how you can exercise your rights, please review our Privacy Policy.

You agree that you will protect third parties' personal information with the same degree of care that you protect your own confidential information (using, at minimum, a reasonable standard of care) and, to the maximum extent permitted by law, you assume all liability for the misuse, loss or unauthorized transfer of such information.

12. Dispute Resolution

Arbitration Agreement

You and we mutually agree that any disputes between us arising out of or relating in any way to the Service, these Terms, our Privacy Policy, any services or products provided by us or any of our subsidiaries, Hotels, or companies offering products or services through us (“Claims”), will be resolved by binding arbitration, rather than in court except those resolved in small claims court. This includes any Claims you assert against us, our subsidiaries, Hotels, or any companies offering products or services through us (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Hotel Services.

No class actions or representative proceedings

You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general. The arbitrator may not consolidate more than one party's Claims and may not otherwise preside over any form of any class or representative proceeding. You and we further acknowledge that you are each waiving your right to a jury trial.

Arbitration rules and governing law

This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS, Inc. in accordance with JAMS' arbitration rules then in effect, except as modified here.

Commencing arbitration

To initiate arbitration, you must file the Demand with JAMS as specified in the JAMS Rules. Arbitration shall be conducted by a single arbitrator selected in accordance with the JAMS Rules or by mutual agreement between you and us.

Attorneys' fees and costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by JAMS. Either of us may make a request that the arbitrator award attorneys' fees and costs as allowed by applicable law and the JAMS Rules.

Arbitrator's decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the JAMS Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Severability and survival

If any portion of this Dispute Resolution Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.

13. General

Governing law and jurisdiction

These Terms are governed by the laws of the State of New York, without regard to principles of conflicts of laws, and, to the extent applicable, the Federal Arbitration Act and federal arbitration law.

No waiver

Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.

Unenforceable provisions

If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a 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 the Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about the Service.

Assignment

We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms. However, we will not do so in such a way as to reduce any rights or guarantees you have under these Terms.

Third-party rights

Except as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party's consent shall 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 laws or regulations in relation to 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 beyond the expiration, or termination of these Terms, shall survive such expiration or termination.