| Alba Hotels terms and condition | | Accommodation Providers Participation Agreement |
Alba Hotels ("we", "us") provides its online accommodation reservation service under the terms and conditions stated below.
By clicking the 'I Agree' button and completing the registration procedure, you are indicating your agreement to be bound by the terms and conditions of this agreement.
Please read the terms and conditions carefully and only click the 'I Agree' button if you accept the terms and conditions set out.
The terms and conditions specified below contains the entire agreement between Alba Hotels and the Accommodation Provider ("you", "your") for provision of the Service and supersedes any other previous understandings or agreements between us.
If you do not agree to be bound by these terms and conditions, you should not use the Service. | |
1 Service |
| 1.1
As part of the accommodation reservation service offered to you, we will: | 1.1.1
Provide and host a web site (Site) for the accommodation specified by you as described in clause 2; and
1.1.2 Take any reasonable effort to list and promote your accommodation on web sites operated by us and our business partners (Third Party Sites), subject to the approval of the owner of the relevant site. |
| 1.2If requested and subject to payment by you, we will provide the following additional services: |
1.2.1
Purchase a new domain name or transfer an existing domain name to host and redirect traffic it receives to the Site.
1.2.2 Create a web site for your accommodation using the Alba Hotels Accommodation Site Manager.
1.2.3 Create a website with a unique design for your accommodation using the Alba Hotels Accommodation Site Manager.
1.2.4 Register and promote your accommodation site with search engines and other online directories subject to the approval of the owner of the relevant site. |
| 1.3 In future, we may offer further services which may be subject to an additional fee. The supply of such further services is subject to these terms and conditions and payment of any additional fee by you. |
| 2 Website |
2.1 Subject to approval we will provide the technology to create the Site through an online interface as soon as you accept the terms and conditions and complete the registration process. We will develop any software and provide any other services reasonably necessary for the Site to operate on a server nominated by us.
2.2 You will create and maintain the Site by incorporating up-to-date information (including room rates, availability, terms and conditions for bookings, disclaimers, trade marks or logos and all text and graphics required) using the Accommodation Site Manager. The content of the Site will be subject to our approval.
2.3 You warrant that you own or are authorised to use the copyright and other intellectual property rights in the Information. You agree that by providing the Information to us you are granting us permission to: |
| 2.3.1 use, copy, display and store the Information on the Site, our websites, business partner Sites and print media for the purposes of these terms and conditions |
| 3 Maintenance |
| 3.1 You will have exclusive responsibility for ensuring that the Information displayed on the Site is: | 3.1.1legal, honest, accurate and truthful;
3.1.2 comply with the British Codes of Advertising and Sales Promotion;
3.1.3 not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party and is not obscene, libellous or defamatory of any person;
3.1.4 not breach any applicable law or regulation; | | 3.2To enable you to carry out your obligations under clause 3.1, we will provide you with: |
3.2.1 a username and password; and
3.2.2 Web based administrative access to the Accommodation Site Manager, 24 hours a day (subject to routine maintenance). |
3.3 You must not share your username or password with any third party other than persons who have been authorised by you to have access to the Site. If the person authorized by you is not an employee or sub-contractor working for you, details of the person should be submitted to us prior to allowing access.
3.4 You must keep confidential and take all necessary steps to ensure the continued confidentiality of account identification details, password, security measures and other confidential information relating to the Site and notify Alba Hotels forthwith if you suspect that an unauthorised third party has acquired your account information or password.
3.5 If you forget any password, you must contact Alba Hotels, and satisfy any security checks we may operate. You will then be given a new password to access the Accommodation Site Manager.
3.6 You are responsible for any incorrect or over-booking which results from your failure to update the Site. You will find suitable alternative accommodation.
3.7 We reserve the right, without notice, to modify or delete any Information on the Site which, in our reasonable opinion, is defamatory, obscene or materially inaccurate or in breach of any law or advertising code of practice. |
| 4 Fees and charges
|
4.1
In consideration of the Service and any subsequent reservations
received by you as a consequence of using the Service you agree to pay us the fees we Agreed.
4.2 We shall within seven days after the agreed periode send you a invoice.
4.4 The payement due to us should be paid to us without
any set off within 7 working days after receiving an invoice from us which will state the Charges and any
applicable value added tax due.
Additional Service Charges
4.5 If you request any additional service stated in
clause 1.2, we will quote you the fee for the additional service
prior to providing the services. Any fee due to us for additional
services should be paid in full within 7 working days after
receiving an invoice from us.
4.6 If any sums due under this agreement are not paid
on the due date, we reserve the right to charge you interest
on the amount outstanding at the rate of 3% per annum above
the base rate of The Bank of England from the due date until
the date of actual payment.
4.7 If any sums due under this agreement are not paid
we will be entitled to suspend the provision of any Services
until such time that the sums are paid.
4.8 We reserve the right to change the Charges and/or
rates by giving you 60 days' prior notice in
writing. If you do not accept the new rates you may stop using
the Service. If you continue to use the Service after we have
notified you of the change we will assume that you have accepted
the new rates and will charge you accordingly. |
| 5 Intellectual Property Rights |
5.1 The
names Alba Hotels, Alba Hotels .COM and all trade marks and logos
displayed on the Site, on our web sites or on Third Party
Sites are the property of the owners of the relevant material
and may only be used by you as permitted by these terms and
conditions or by law or as expressly authorised by the owner.
5.2 All ownership, copyright and patents of the web
pages, database, designs, programming and information comprised
in the Alba Hotels Site and the Site (other than the Information
provided by you under clause 2.2) are owned by us or our licensors
and you will not have or acquire any rights in or to the Alba Hotels
Site or the Site other than as expressly set out in these
terms and conditions.
5.3 It is your responsibility to protect the copyright,
trade marks and trade names contained in the Information and
to provide to us any relevant notices or disclaimers relating
to ownership of such intellectual property rights for use
on the Site. |
| 6 Indemnity |
6.1
Alba Hotels provides the Site "as is". You agree that
it is technically impossible for Alba Hotels to provide the Web
Site uninterrupted, free of faults or to guarantee that the
Web Site will not be infiltrated by unauthorised users or
hackers.
6.2 You will indemnify us against any loss, damage,
costs and expenses (including reasonable legal fees and costs)
incurred by us in connection with:
6.1.1 any claims brought against us or our business
partners arising from use of the Information in accordance
with this agreement;
6.1.2 any breach by you of any of these Terms; and
6.1.3 any other claim brought against us or our business
or partners arising from a customers use of your Property
and any facilities at that Property. |
| 7 Data protection |
7.1
Each party will ensure that the requirements of the Data Protection
Act 1998 and any other relevant legislation are met in performing
our obligations under these Terms.
7.2 All data received or created by us in relation
to users of the Site, the Alba Hotels Site or Third Party Sites
(Data) shall, on creation, will belong to us. You expressly
assign to us any and all rights you may have or acquire in
the Data. You will not, without our prior written consent: |
7.2.1
disclose the Data to any third party; or
7.2.2 use the Data for any purpose other than
for the purposes of administering bookings for the
Property and providing accommodation to guests who
have made a booking via the Service. |
| 7.3
Before you can accept these Terms you may wish to review our
privacy statement on our website. |
| 8 Termination
|
8.1
This Agreement shall continue until terminated by either party
giving to the other party notice in writing at any time.
8.2 This Agreement may be terminated forthwith by notice
in writing by either party if the other party: |
8.2.1
commits a material breach of this Agreement and fails
to remedy it within 7 days after receipt of notice
in writing from the other party; or
8.2.2 is unable to pay its debts or it makes
an arrangement, composition or scheme with (or for
the benefit of) its creditors or a receiver, administrative
receiver or similar officer is appointed over all
or a substantial part of its undertaking or affairs
or steps are taken for winding up the party (whether
by the presentation of a winding up petition or otherwise)
or for the making of an administrative order (other
than for the purposes of solvent reconstruction or
amalgamation) or a petition is presented for its bankruptcy. |
8.3 We
may immediately terminate this agreement if you do anything
which is incompatible with the Service or you do anything
which may affect the quality of the Service.
8.4 On termination of this agreement you shall cease
to be entitled to use the Site or hold yourself out as connected
with us in any way. |
| 9 Liability |
9.1
If a fault occurs in the Site, the Alba Hotels Site or a Third
Party Site, you should report it to Alba Hotels immediately.
We will use reasonable efforts to remedy any faults or procure
that the relevant third party does so, however we make no
promise that the Service will be uninterrupted or error free.
9.2 Your access to the Site or the Alba Hotels Site may
be occasionally restricted to allow for repairs, maintenance
or the introduction of new facilities or services. We will
attempt to restore the Service as soon as it reasonably can.
9.3 Our obligations under these Terms are limited to
providing the Service so far as it is under our control. We
are not responsible to you for any error, omission, interruption, data loss,
defect, delay in operation or transmission or other failure
to provide the Service which results from a reason beyond
our control.
9.4 We will not be liable for your loss of profits,
wasted expenditure, corruption or destruction of data or any
other loss which results from your use of the Service, which
does not directly result from something we have done wrong,
even if we are aware of the possibility of such damage arising.
Subject to clause 9.7, our maximum total liability to you
under these Terms is limited to £100.
9.5 We do not warrant that the content on the Site,
the Alba Hotels Site or Third Party Sites will be free from errors
or viruses or that it will not be defamatory or offensive.
9.6 We expressly disclaim any and all warranties including,
without limitation, any warranties as to the availability,
accuracy, or content of information, products, or services,
or any terms, conditions or warranties of quality, merchantability
or fitness of the Service for a particular purpose.
9.7 We do not limit our liability for death or personal
injury caused by our negligence. |
| Right to Refuse |
| Alba Hotels reserves the right to refuse, without liability, any subscription requests, or to cancel subscriptions that do not fulfil the terms of this agreement and/or conform to the technical specifications, with or without notifying the Hoteliers. |
| Payment and Refund Policy |
| Any amount paid is not refundable except in the event that we do not display your hotel or reject your property for any reason. Payments for approved subscriptions are strictly non-refundable. Alba Hotels reserves the right to refuse subscriptions requests for any reason as stated in the "Right to Refuse" clause. |
| 10 General |
10.1
We may change these Terms at any time by giving you 60 days'
prior written notice, which you will be deemed to have accepted
if you continue to use the Service after the expiry of the
notice. If you do not accept the new Terms you may stop using
the Service and we will not charge you any further monthly
payment Charges in accordance with clause 4.
10.2 Nothing in these Terms will be deemed to constitute
a partnership or any employment relationship between the parties
nor will anything be deemed to constitute one party the agent
of the other for any purpose.
10.3 No failure or delay by either us or you to exercise
any right or remedy will be construed or operate as a waiver
of that right or remedy.
10.4 This contract is personal to the Owner and the
Owner may not assign or transfer or otherwise part with the
contract or any right or obligation under it without
prior written consent.
10.5 These Terms will be governed by and construed
in accordance with the laws of England and Wales and the parties
submit to the exclusive jurisdiction of the English courts. | | Last Updated 02 January 2005. |
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