Terms and Conditions
Terms and Conditions of Use of the Hotelly.com website
These terms and conditions detail how the Hotelly.com website (the "Website") can
be used. If you use the website you agree to be bound by these terms and conditions.
GENERAL
Definitions
In these terms and conditions, "we" and "us" mean Hotelly.com, Hotelly.co.uk, and
other sub domains of Hotelly which are trading names of RateGain IT Solutions Pvt.
Ltd. (RateGain) whose address is B-15, Sector 57, Noida 201 301 (UP) India.
1. Access to the Website and content
We will endeavour to allow uninterrupted access to the Website, but access to the
Website may be suspended, restricted or terminated at any time.
We reserve the right to change, modify, substitute, suspend or remove without notice
any information or service on the Website from time to time.
We assume no responsibility for the content or services of any other websites to
or from which the Website has links.
2. Our service
We grant you a non-exclusive, revocable, non-transferable licence to use the software
on our server to access and collect information from the websites of third party
providers as permitted by use of our service.
Using our service allows you to access software on our server which you are licensed
to use (as set out in clause 3) to obtain information held on our website or from
the websites of third party providers. When you use the service, you may cause our
software to send a request to the third party providers for information regarding
products and/or services. You acknowledge and agree that when you access and collect
information from the third party sites using our software, you do so on your own
behalf and that you have not appointed us to act as your agent. We simply make our
service and software available to you by which you may access such third party sites.
3. Intellectual Property
The copyright and all other intellectual property rights in the material contained
in the Website, together with the website design, text and graphics, and their selection
and arrangement, and all software compilations, underlying source code and software
(including applets) belongs to us or our licensors. All rights are reserved. None
of this material may be reproduced or redistributed without our prior written permission.
You may, however, download or print a single copy for your own non-commercial off-line
viewing.
All rights in Hotelly.com are owned by RateGain. Other product and company names
mentioned on this Website are the trademarks or registered trademarks of their respective
owners.
You shall retain ownership of the data you submit to the Website. You grant us a
world-wide, royalty-free, non-terminable licence to use, keep, share, save, collect,
copy, distribute, publish and transmit such data in any manner.
4. Disclaimer
Nothing within the Website is, or shall be deemed to constitute, a recommendation
to purchase any product or service. Any and all information provided within the
Website is for general information purposes only. We strongly recommend that independent
professional advice is obtained before you purchase any product and/or service via
the Website.
5. Exclusions of liability
We use reasonable endeavours to ensure that the data on the Website is accurate
and to correct any errors or omissions as soon as practicable after being notified
of them. However, we do not guarantee that the Website will be fault free and we
do not accept liability for any errors or omissions.
We do not monitor, verify or endorse information submitted by us or third party
providers for inclusion on the Website and you should be aware that such information
may be inaccurate, incomplete or out of date. In particular, we do not monitor,
verify or endorse the information or quotations collected from the product and service
providers as presented to you on the results page. To the extent permitted by applicable
law, we disclaim all warranties, terms and representations (whether express or implied)
as to the accuracy of any information contained on the Website.
We do not give any warranty that the Website is free from viruses or anything else
which may have a harmful effect on any technology.
Due to the nature of electronic transmission of data over the internet, any liability
we may have for any losses or claims arising from an inability to access the Website,
or from any use of the Website or reliance on the data transmitted using the Website,
is excluded to the fullest extent permissible by law.
Nothing in these terms and conditions excludes or limits our liability for death
or personal injury caused by our negligence or for our fraud.
Subject to the liability which we accept above: (a) our aggregate liability to you
arising out of or in connection with this agreement or use of the Website shall
not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever
arising out of or in connection with this agreement or use of the Website for any
indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity,
anticipated savings, goodwill or reputation.
* For losses that were not foreseeable to both parties when the contract was made
* For losses that were not caused by any breach on part of the supplier * For business
losses and/or losses to non consumers.
The clauses in 5 above do not affect your statutory rights.
Some channels will provide you with access to third party sites who will host reviews
about some of the products and services available. In some instances you may also
be able to access user reviews directly on the hotelly.com site. Regardless of whether
you are transferred to a third parties site or read a user review on our site, the
views expressed therein do not represent the views of hotelly.com or any of its
associated companies and RateGain is not responsible for the accuracy of any such
views or expressions.
6. Exclusion of liability for third party providers' products and services
You can buy a number of products and services via the Website. Please be aware that
the majority of products and services that appear on the Website are not provided
by us and are provided by third parties over whom we do not have control. You should
satisfy yourself that you wish to purchase those products or services before contracting
with the third parties. We accept no liability for any products or services or information
provided by third party providers. The third party providers will be supplying products
and services on their own standard terms and conditions and you should check that
you agree to those terms and conditions before purchasing the products or other
services.
As you view the Website there may be references to specific terms and conditions
which apply to certain products or services. In such circumstances, it is your responsibility
to refer to such terms and conditions applicable to those offers.
Clause 6 does not affect your Statutory Rights as a consumer
7. Advertisements
No personal data for example your name, address, email address or telephone number
are used during the course of serving our advertising, but, our advertisers may
place or recognize a unique "cookie" on your browser. This cookie does not collect
personal data about you nor is it linked to any personal data about you.
8. Your obligations
You warrant that you have taken all reasonable precautions to ensure that any data
you submit to the Website is true and accurate and free from viruses and anything
else which may have a contaminating or destructive effect on any part of the Website
or any other technology.
You warrant that all information provided on registration of Hotelly.com and otherwise
provided by you on this site shall be true, complete and accurate. You agree to
immediately inform us if your information changes.
9. Complaints
Our aim is at all times to provide you with an excellent service. However, if you
are unhappy with our service for any reason, please contact our Customer Services
Team (Complaints Handling) at our address given above
If you are unhappy with any product or service that you have been introduced to
through any of our channels, we recommend that you approach the provider of that
product or service direct. If you require any provider's contact details, please
contact our Customer Services Team who will be happy to assist.
10. Payment
Payment for products and services will be made on the relevant provider's website
as Hotelly.com does not sell any product and services on its website
11. Data protection
We are committed to protecting your privacy. Our privacy practices are set out in
our Privacy Policy . We may disclose your details
or access your account if required to do so by law, applicable regulator, compliance
monitor, Governmental or law enforcement agency.
12. Termination
We may terminate or suspend your access to the Website and the services within it
at any time.
All disclaimers, indemnities and exclusions in these terms and conditions shall
survive termination of the agreement between us for any reason.
13. General
The content of this Website is directed solely at those who access the site from
the United Kingdom. We make no representation that any product or service referred
to in this Website is available or otherwise suitable for use outside of the United
Kingdom.
The Website is for your non-commercial, personal use only and must not be used for
business purposes.
If any provision of this agreement is held to be unlawful, invalid or unenforceable,
that provision shall be deemed severed and where capable the validity and enforceability
of the remaining provisions of this agreement shall not be affected.
If we fail to enforce a right under this agreement, that failure will not prevent
us from enforcing other rights, or the same type of right on a later occasion.
We may modify these terms and conditions at any time. Your continued use of the
Website signifies your acceptance of such modifications.
Except as set out below in this clause, neither party may assign or transfer any
of its rights under these terms and conditions without the prior written consent
of the other.
We may assign or transfer our rights under this agreement pursuant to a re-organisation
of trade or share sale, or to any company in the RateGain group of companies for
our convenience.
Unless expressly provided in this agreement, no term of this agreement is enforceable
pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is
not a party to it.
14. Governing law
These terms and conditions are governed by and construed in accordance with English
law. Any disputes shall be subject to the exclusive jurisdiction of the English
courts, to which each party submits.
GUIDANCE NOTES
The following sections form part of the terms and conditions and provide more specific
guidance on certain products and services
15. Hotels
Our hotels channels allow you to compare these services and their prices. The Website
will direct you to the relevant provider's website should you wish to purchase a
particular service. If your preferred service is available on the provider's website
and you purchase this service, the contract will be between the provider and you.
We will not be a party to the contract. The provider's terms and conditions will
apply in addition to these terms and conditions.
The provider's terms and conditions may include provisions relating to recommended
cancellation or modification of bookings and refunds and other restrictions. You
are solely responsible for complying with the provider's terms and conditions.
16. Package holidays
Our package holiday channel allows you to compare package holidays and their prices.
The Website will direct you to the relevant provider's website or call center should
you wish to purchase a particular holiday. If your preferred holiday is available
on the provider's website/call center and you book a holiday, the contract will
be between the provider and you. We will not be a party to the contract. The provider's
terms and conditions will apply in addition to these terms and conditions.
We present general information on the Website in relation to package holidays for
guidance only. It is your responsibility to check that you understand and comply
with any specific requirements relating to the holiday, for example, any visa, passport
or vaccination requirements.