Last updated July 9, 2024

The following terms establish a binding agreement between the Supplier (“Supplier”, defined below) and Buyer (“Buyer”, defined below) for the booking established through the Cvent Instant Book website. If any booking terms beyond the below agreement have been previously established between Buyer and Supplier directly, the following “Booking Terms and Conditions” (but not the “Service Terms and Conditions”) will be overridden solely in relation to this transaction and provided Cvent incurs no liability and the Buyer and Supplier bear all risks and liabilities associated with this transaction.

                                                                                   Booking Terms and Conditions

Deposit and Payment

Supplier may require a deposit payment upon booking. Where a deposit is required, a twenty (20%) deposit will be payable for all bookings made more than thirty (30) days in advance of an event start date.  A fifty percent (50%) deposit is payable for all bookings made between seven (7) and thirty (30) days in advance of the event start date.  A one hundred percent (100%) deposit is payable for all bookings made less than seven (7) days in advance of the event start date.

Deposits are only applicable to the meeting space portion of the booking.

Deposit and payment collections will be handled offline from the Instant Book and between the Buyer and Supplier directly in accordance with the table above.  It is the Supplier’s responsibility to initiate deposit collection from the Buyer.   Final payment is due seventy-two (72) hours prior to arrival; or same-day by or before 4:30pm local Supplier time for Bookings placed within seventy-two (72) hours of the event start time.  Bookings can be cancelled by the Supplier within seventy-two (72) hours of booking if the required deposit is not received by the Supplier.

Fees

Amounts presented are based on selections made at the time of booking.  Final amounts (including applicable taxes, which may vary based on location) due shall be charged directly by Supplier to the Buyer.  Fees may change depending upon actual consumption of services after the conclusion of an event, subject to discretion of the Supplier.

Cancellation

The “Grace Period”

If a booking occurs more than five (5) days prior to the event start date, either party can cancel within the first seventy-two (72) hours of booking, but no later than forty-eight (48) hours prior to event start time.  If booking occurs five (5) days or less prior to the event start time, either party can cancel within the first forty-eight (48) hours of booking, but no later than forty-eight (48) hours prior to event start time.

Cancellation Penalties

The collection of cancellation penalty fees will be handled offline from the platform directly between the Buyer and Supplier.

If the Supplier cancels a booking outside of the grace period, the Buyer will incur no cancellation penalty.

Meeting Space Event Details

Meeting room assignments by Supplier are not committed to as part of the initial booking transaction.  Supplier has the right to change a room assignment prior to the event provided the room provided meets the requirements of what was initially purchased and so long as there has been reasonable communication regarding any changes. Any food and beverage (or other event related services) changes from initial booking are to be established at the discretion of Buyer and Supplier upon further communication outside of Cvent Instant Book.  Any modifications or new charges should be initiated under a new contractual agreement between Supplier and Buyer.  Any food/beverage/services change requests must be made no later than seventy-two (72) hours in advance of the event start time and are at the discretion of the Supplier. Buyer and Supplier shall comply with and cooperate with each other to ensure compliance with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions, including but not limited to health and safety codes, alcoholic beverage control laws, and disability laws, among other applicable laws and regulations.

Attrition.

For Hotel Rooms only, twenty percent (20%) of the initial room nights booked can be cancelled and/or not utilized on a cumulative basis without penalty up to fourteen (14) days prior to the group’s earliest arrival date.

The “cut-off date” for reserving rooms is the Room Block Cutoff Date.  At fourteen (14) days, any hotel rooms not booked as part of your block can be released by the Supplier.  If the initial booking date is less than sixteen (16) days from the group’s earliest arrival date, you will have seventy-two (72) hours to provide the reservation details to the Supplier.  If your earliest arrival date is seventy-two (72) hours or less than the booking date, then the reservation details are due on the same day.

If Buyer fails to confirm all of the Hotel Rooms within policy, Supplier may release the Hotel Rooms from the Buyer’s order. Supplier in such circumstances will be free to treat such Hotel Rooms as cancelled and may offer them to any other customer whether within Instant Book or outside of it. The Hotel Rooms will be considered cancelled per the policy above and Supplier will be entitled to the applicable cancellation fee; provided that if the Hotel Rooms were for a multi-night stay then Supplier may only charge the cancellation fee for the first night of the stay.

Taxes.

Buyer is responsible for paying all sales, use or any similar taxes and service fees, excluding only taxes based on Supplier’s income, and unless it provides Supplier with a valid tax exemption certificate (if it is a not-for profit organization) authorized by the appropriate taxing authority.   Amounts presented are an estimate based on selections made at the time of booking.  Final amounts due shall be charged directly by Supplier to the Buyer.

The Supplier shall be responsible for maintaining the accuracy, completeness and usability of the available meetings and events products within Cvent Instant Book, including all applicable associated taxes and any applicable service fees charged to the Buyer.

                                                                                     Service Terms and Conditions

Cvent, Inc., doing business as Instant Book ("Instant Book", "we", "us", "our") provides its services (described below) to Suppliers and Buyers through its website (the "Site") (the "Service(s)"), subject to the following Terms of Service, including the policies and guidelines linked to (by way of the provided URLs) these Terms of Service (as amended from time to time, the "Terms of Service").  Your use of the Service(s) constitutes acceptance of these Terms. For the avoidance of doubt, these Terms of Service are made a part of and are incorporated into any Instant Book Order (“Order”) made by Buyers (as defined below). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.

In addition, when using certain services, you will be subject to any additional terms including, without limitation, those contained in the Cvent Privacy Policy located at https://www.cvent.com/en/privacy-policy, Cvent Event Cloud Terms of Use (and Additional Terms and Conditions for Cvent Hospitality Cloud (For Planners Only), Cvent Supplier and Venue Solutions Terms of Use, and any provided by the particular Venue upon booking. All such terms are hereby incorporated by reference into these Terms of Service.

Services Description: The Service is a platform connecting meeting planners ("Buyers") searching for hotel guest room accommodations and/or meeting spaces and related services from those venues to our community of suppliers who provide meeting venues and related services ("Suppliers").  Please be advised: Although Instant Book administers the Service (including price estimates and comparison features) and allows Buyers to search for Suppliers on our Site, Instant Book is not otherwise a party to the Supplier services or any other transactions that may take place between Buyers and Suppliers and is not involved in or responsible for the performance of any services provided by Suppliers. Instant Book has no control over the performance of any service by Suppliers or any claims made by Suppliers about the venue or services they may offer, nor does Instant Book guarantee or endorse the truth or accuracy of any representations made by Suppliers, the ability of Suppliers to provide the venue or services as claimed by Suppliers (even if through the Service) or the ability of Buyers to pay for any venue or services offered by Suppliers. Please reach out to the Supplier directly to discuss your event and any questions related to your event details beyond the booking.  Buyers and Suppliers (and not Instant Book) bear all risks and liabilities associated with any supplier services, venues or other transactions between them.

Relationship of Users: All Users acknowledge and understand that Instant Book is not an employer, broker, agent or insurer for any Users of the Service. Instant Book's inclusion of a Supplier on the platform Service should not be construed as or otherwise deemed an endorsement or promotion of such Supplier, and such acceptance is in reliance on the Supplier's representation and warranty to Instant Book of the accuracy of information submitted by such Supplier. As the Service solely provides a platform and tools for Users to communicate with potential transaction partners, any such transactions are made by all Users at each User's own risk.

Content and Access: Buyer represents and warrants that each booking submitted by Buyer is authorized and intended for an actual meeting. Buyer agrees not to use any manual or automated means (of any type) to capture or extract data in bulk from Cvent's websites.

Suppliers wishing to offer hotel guest room accommodations and/or meeting space and related services have provided information that will be available to you to review and compare via the Site. We do not own or operate or have any control over any such Supplier entities or the information they provide or post on the Site. We do not have any control over any of the information provided by or displayed relating to the Suppliers on the Site, including any venue and vendor information, pricing and other such relevant information, and we cannot assure such information is accurate, complete, or current. Suppliers' information on the Site is subject to change, with or without notice, including but not limited to availability, actual booking date, actual guest count, actual event time, upgrades of amenities, food and/or beverage options, and/or variable changes in prices in general. Therefore, Buyers should not rely on this information. As a condition to Buyer’s use of the Site, Buyer hereby understands and agrees that should Buyer decides to move forward with one or more of the Suppliers on the Site, Instant Book has no control over such Suppliers and is not and shall not at any time be or be deemed to be a part of any agreement between Buyer and the respective Suppliers and Buyer’s decision to move forward with any entity is entirely up to Buyer. We do not warrant the accuracy of or assume (and Buyer agrees that Instant Book does not bear any) responsibility for any errors or omissions in the information, advice, recommendations, or guidance provided by either our staff or our visitors. Please exercise good judgment and common sense, and conduct all necessary, appropriate, and prudent inquiry, investigation, research, and due diligence, and take all necessary precautions when interacting with others or publicly posting content. "Content" in this case means links to our Site, text, images, photos, audio, video, addresses, and all other forms of data or communication provided on our Site.

Buyer may not assign, resell, or otherwise transfer any rights or obligations to third parties.

The Site allows Suppliers to send electronic communications directly to Buyers. Suppliers shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Site, including without limitation those related to privacy, electronic communications, and anti-spam legislation. Supplier agrees that Supplier will not send any electronic communication from the Site that is unlawful, harassing, libelous, defamatory, or threatening. Except as permitted by this Terms of Service, no part of the Site may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means. Suppliers agree not to access the Site by any means other than through the interfaces that are provided by Instant Book. Suppliers shall not do any "mirroring" or "framing" of any part of the Site, or create Internet links to the Site, which include log-in information, representative names, passwords, and/or cookies. Suppliers will not in any way express or imply that any opinions contained in the Supplier's electronic communications are endorsed by Instant Book. Neither the Supplier, nor someone acting on the Supplier's behalf, will use the Site to target for solicitation any Instant Book customers for purposes of providing any competitive product. Suppliers shall ensure that any use of the Site by a Supplier's representatives is in accordance with the terms and conditions of this Terms of Service.

Privacy. Each party receiving any Confidential Information shall exercise reasonable care under the circumstances or the same care it uses in safeguarding its own confidential or proprietary information.  At Instant Book, we respect the privacy of our users. For details, please see our Privacy Policy located at https://www.cvent.com/en/privacy-policy. By using the Service, Buyer and Supplier consent to Cvent’s collection and use of personal data for the purposes of delivering our Service.  Buyer understands that the processing and transmission of Buyer Data is fundamentally necessary to its use of the Site. Buyer acknowledges and understands that the electronic communications will involve transmission of Buyer Data (meaning, basic contact information and other information necessary for completing a booking transaction) to a Supplier, including via Supplier service provider applications.

General Practices Regarding Use and Storage: : Supplier and Buyer acknowledge that Instant Book may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Instant Book's servers on Supplier and Buyer’s behalf. Supplier and Buyer agree that Instant Book has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. Buyer and Supplier further acknowledge that Instant Book reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

User Conduct: Supplier and Buyer each are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that it uploads, posts, publishes or displays (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Instant Book. Instant Book reserves the right to investigate and take appropriate legal action against anyone who, in Instant Book's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. Buyer and Supplier each  agree that it will use the Service only for lawful purposes and in accordance with these Terms of Service, and specifically will not use the Service to:

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) it does not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Instant Book, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Instant Book or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.  By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.

Commercial Use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Third Party Material. Under no circumstances will Instant Book be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Buyer and Supplier acknowledge that Instant Book does not pre-screen content, but that Instant Book and its designees will have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Instant Book and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Instant Book, in its sole discretion, to be otherwise objectionable. Buyer and Supplier agree that each must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Third Party Websites.  The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet that are subject to different terms and privacy practices. Instant Book has no control over such sites and resources and Instant Book is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Instant Book will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings Buyer or Supplier have with third parties found while using the Service are between such party and the third party, and both Buyer and Supplier agree that Instant Book is not liable for any loss or claim that it may have against any such third party.

                                                                                       General

Force Majeure. The Suppliers on Instant Book are independent contractors and not agents or employees of Cvent, Inc.  Neither Cvent, Inc. or Supplier are liable or at fault and make no refund in the event of any delay, cancellation, overbooking, strike, act of God, criminal acts, distributed denial of service attacks, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, war, utility or communication failures, force majeure event or other reason beyond its reasonable control.

Intellectual Property Rights.  Neither Buyer or Supplier shall use the name, logo, branding, or trademarks of the other party without the other party’s written consent. 

Laws and Disputes. These Terms of Services will be governed by the laws of the jurisdiction where Supplier is located.  Venue for disputes between You (the Buyer) and Supplier will be in a court of competent jurisdiction where the Supplier is located.  In the event of litigation or other dispute resolution, the non-prevailing party will pay the prevailing party's attorneys' fees and expenses.

User Disputes. Buyer and Supplier agree that it is solely responsible for its interactions with any other user (including with each other) in connection with the Service and Instant Book will have no liability or responsibility with respect thereto. Instant Book reserves the right, but has no obligation, to become involved in any way with disputes between Buyer or Supplier and any other user of the Service.

Indemnity and Release.  Buyer and Supplier agree to release, indemnify and hold Instant Book and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to its use of the Service, any User Content, Supplier services or venues, its connection to the Service, its violation of these Terms of Service or its violation of any rights of another. 

Buyer and Supplier each agree to release, indemnify and hold the other party and its affiliates, their respective officers, directors, agents, employees, and owners from and against any and all demands, claims, damages, losses, and liabilities including reasonable attorneys’ fee, arising out of each party’s (gross) negligence or willful misconduct in connection with the provision and use of venue space as contemplated by this Agreement.

Warranties; Disclaimers. 

Buyer and Supplier each represents and warrants that (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) it is not listed on any U.S. Government list of prohibited or restricted parties. 

BUYER AND SUPPLIER’S USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSTANT BOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

INSTANT BOOK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

THE QUALITY OF THE SUPPLIER SERVICES PURCHASED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE SUPPLIER WHO PROVIDES SUCH VENUE OR SUPPLIER SERVICES TO BUYER. BUYER UNDERSTANDS AND AGREES THAT BY USING THE SERVICE, BUYER MAY BE EXPOSED TO SUPPLIER SERVICES AND/OR VENUES THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT BUYER'S USE OF THE SERVICE, AND ANY SUCH SUPPLIER, SUPPLIER SERVICES OR VENUE IS AT BUYER'S OWN RISK.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, BUYER EXPRESSLY UNDERSTAND AND AGREE THAT INSTANT BOOK (AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATED COMPANIES, DISTRIBUTORS, LICENSEES, AGENTS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY LOSS OR DAMAGE, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ACTS OR OMISSIONS ATTRIBUTABLE TO SUPPLIER WHOSE PRODUCTS OR SERVICE ARE OFFERED ON OR THROUGH THE SITE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SUPPLIER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE TOTAL VALUE PAID TO SUPPLIER UNDER THIS AGREEMENT.  IF NO FEE IS PAID TO SUPPLIER, SUPPLIER DOES NOT RETAIN ANY LIABILITY. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.