In these Conditions the following words shall have the following meanings.
"Accommodation Agreement" means the Agreement between the Owner and the Customer;
"Accommodation Establishment" means any hotels, apartments, villas and other accommodation of any description featured on the Web Site;
"Agreement" means the agreement between the Owner and onlyroomss relating to the Owner placing Hotel Information on the Web Site, which shall be governed by these Conditions;
“Automated referral system” means the option of the customer available on www.onlyrooms.com to submit reservations requests online when the accommodation is on sale but no rooms are allocated;
"Conditions" means the terms and conditions set out below;
"Commission" means "Fee" and "Fees"
"Customer" means a Visitor who reserves a Hotel room through the Web Site;
"Extranet" means the supplier website;
"Fee" and "Fees" means the fee or fees payable by the Owner to OnlyRooms pursuant to Clause 8 of these Conditions;
"Gross ticket value" means the total amount payable by the Customer to the Owner. This is inclusive of VAT, GST, sales tax and all other taxes charged to the Customer;
"Hotel" means any hotel in relation to which the Owner places Hotel Information on the Web Site;
"Hotel Information" means any information placed on the Web Site by the Owner relating to the Hotel including, but without limitation, details of the hotel, the availability of rooms at the Hotel, the price of the rooms, the facilities available at the hotel, and/or any accreditations afforded to the Hotel;
"Owner" means the owner, provider or operator of the Hotel;
"Non invoiced reservation" means the reservation made by the customer but non invoiced yet to the Owner by Onlyrooms;
"Trademark Licence Agreement" means the Trademark Licence Agreement between Onlyrooms
"Visitor" means a visitor to the Web Site who accesses the Hotel Information;
"Web Site" means the websites found at www.onlyrooms.com and any other onlyrooms affiliates or partners websites and on which its visitors to the site have an option to purchase hotel accommodations.
2.1 In consideration of the payment of the Fee, Onlyrooms shall permit the Owner to place Hotel Information on the Web Site, subject to the Owner complying with these Conditions.
2.2 These Conditions shall apply to the Agreement to the exclusion of any other terms and conditions.
3.1 Following acceptance of these Conditions, the Owner shall be entitled to place Hotel Information on the Web Site.
3.2 The Owner has no obligation to agree to continue to place Hotel Information on the Web Site and the Agreement shall terminate without liability on either party if the Owner removes its Hotel Information or if onlyrooms terminates the Agreement.Onlyrooms.com can terminate the agreement at anytime without any notice is if wishes.
4.1 The Owner shall have exclusive responsibility for all Hotel Information placed on the Web Site. The Owner warrants and represents that all Hotel Information shall:
(a) be legal, honest, accurate and truthful and, without limit, shall accurately represent the prices, standard, specifications and facilities of the Hotel and Hotel rooms;
(b) will be kept fresh and updated at a daily basis;
(c) not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other intellectual property rights of any third party;
(d) not be obscene, libellous or defamatory of any person, company or organisation;
(e) is not deliberately misleading showing false pictures, prices
(f) comply with any instructions issued from time to time by onlyrooms about the use of the Web Site;
(g) be remotely updated by the Owner entirely at its own risk; and
(h) Be input only by someone who is authorised to do so by the Owner.
4.2 The Owner is not authorized to include on the Web Site any telephone number, contact details, icons or other references for direct contact, identifying the Owner or its website in the Hotel Information. Neither may any other websites be mentioned nor may any references be made to hyperlinks to any website of the Owner or of any third party. In case the Owner breaches this commitment, Onlyrooms shall suspend the service provided by the Owner from the Web Site.
4.3 All questions and complaints from Visitors accessing the Hotel Information are the exclusive responsibility of the Owner and shall be handled by the Owner. Onlyrooms shall be under no obligation to the Owner to answer or address any questions, queries or complaints raised by Visitors.
4.4 In the event that the Owner shall be called by onlyooms regarding the booking made by a Customer, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a booking, onlyrooms.com reserves the right to review any call information.
5.4. Ranking. The order in which the Hotels are listed on the Web Site, (the "Ranking"), is determined unilaterally by OnlyRooms. This Ranking is automated and based on a number of factors including but not limited to: the occupancy given, average discount, sign up to automated referral, average commission paid, online book able, customer review score, total rooms available, accounting, star rating and images. The Owner is able to positively influence its own Ranking by updating and amending either of these items. Such changes can be made by the Owner through the Extranet. As the Ranking is generated automatically, no claim may be made against Onlyrooms by the Owner in relation to the Ranking.
6.1 The Owner acknowledges and agrees that any personal data (as defined by the Data Protection Act 1998) collected by Onlyrooms from the Customer shall be processed and transmitted in compliance with Data Protection Act 1998, the European Directives 95/46 and 2002/58, as well as any other such legislation that substitutes complements and develops it.
7.1 Onlyrooms shall own the copyright and all other intellectual property rights in the design, layout, text and graphics of the website www.onlyrooms.com including, but without limitation, the Hotel Information placed on the onlyrooms website by the Owner, and the Owner hereby assigns all such copyright in such Hotel information to Onlyrooms.
7.3 Onlyooms shall be entitled to re-supply the Hotel Information to third parties involved in the provision of accommodation availability information via any existing or future online media.
7.4 The names, images, pictures, logos and icons identifying onlyooms, are, unless otherwise stated, intellectual property rights of onlyooms. Other products, pictures, images, logos, and icons and company names mentioned on the Web Site may belong to other companies.
7.5 The Owner may not use any images, pictures, logos, materials or icons identifying onlyooms contained on Web Sites or otherwise without the prior written approval of Onlyrooms.
8.1 The Owner shall only take payment from Customer at the time of their stay in the Hotel, unless specifically agreed in writing between onlyrooms and the Owner. No pre-payment rates will be permitted unless specifically authorised in writing by onlyooms.
8.2 The Owner shall pay to Onlyrooms an agreed commission fee on the gross ticket value of each hotel room booked by a Customer via the Web Site or otherwise with Onlyrooms during or following a visit by the Customer to the Web Site.
8.3 Value Added Tax (VAT), Goods and Services Tax (GST) or any other sales tax will be added to the Fee where applicable
8.4 The extranet shows details of all customers booking hotel rooms using the service and the commission due to Onlyrooms. Amendments to Non Invoiced reservations can be made by the Owner at any time throughout the month.
8.5 The Owner is responsible for accessing the ‘non invoiced reservations’ page and updating it for any amendments, cancellations and no-shows (together "changes") by midnight Greenwich Mean Time (GMT) by the 3rd working day of each month (the ‘Deadline’) for bookings that have an arrival date for the previous month. Onlyrooms will check changes made by the Owner for validity and in case these modifications are invalid, Onlyrooms reserves the right to suspend and/or terminate the service. Statements that have not been confirmed by the deadline are deemed to have been confirmed by the Owner. The information on the statement at the deadline is commissionable.
8.6 Onlyrooms shall be entitled to issue an invoice for the commissionable Fee for each previous month where there were bookings. If the hotel (a sin the sales manager or responsible person) does not confirm or modify the bookings that have been received in the previous month, then the system will automatically close and bill out the unchanged commissioned amount by the 9th of the following month.From the 9th of every month, the hotel has an additional 10 days, meaning by the 19th of every month the amount has to be paid to into onlyrooms bank account :
OTP Bank Nyrt.
1062 Budapest, Oktogon ter 3.
SWIFT: OTPVHUHB
IBAN: HU32117070002000096100000000
Account: 11707000-20000961
Account Holder: Onlyrooms Kft.
8.7 Invoices are generated on a monthly basis and shall be made available to the Owner on the Extranet. No invoices are mailed to the Owner (invoices can be downloaded and printed from the Extranet by the Owner).
8.8 Payments of commission ("Fees") must be made by either direct debit or bank transfer to bank accounts as detailed by Onlyrooms, or by credit card. No other methods of payment will be accepted.
8.9 The Owner is responsible for all costs charged by the banks for the transfer of funds.
8.10 In the event of non fulfilment of the payment commitment by the Owner, Onlyrooms reserves the right to: a) suspend the service until such time as those sums are paid in full; and/or b) undertake appropriate legal actions.
8.11 The Owner shall keep full, proper and up to date books of accounts and records showing clearly all enquiries, transactions and proceedings relating to the booking of rooms at each Hotel during this Agreement and for a period of 12 months after termination of this Agreement. The Owner shall allow or enable authorised representatives of Onlyooms to have access to the Hotel for the purpose of inspecting such books and records (including the taking of such copies as they shall require) to establish that the correct Fees have been paid.
9.1 Onlyrooms shall provide the Web Site as it is and hold no obligation or promises that it might be under security threat or hacker victimization. The Owner acknowledges and agrees that it is technically impossible for Onlyooms to provide the Web Site uninterrupted, free of faults or guarantee that the Web Site will not be infiltrated by unauthorised users or hackers.
9.2 Except as set out expressly in the Agreement, Onlyooms makes no warranties or representations either express or implied in relation to whole or any part of the Web Site or any other matter relating to this Agreement, including but without limitation:
(a) any warranties or conditions of title, usability, condition, operation, non-infringement of intellectual property rights, completeness, accuracy, satisfactory quality or fitness for a particular purpose;
(b) any duty to use reasonable care and skill in relation to the carrying out of its obligations under the Agreement;
(c) that the Web Site will be uninterrupted or error-free or that it will meet any particular criteria of performance or quality and all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of the availability and operation of the Web Site or otherwise are hereby expressly excluded from the Agreement to the extent permitted by law.
9.3 The Owner undertakes herein to supply to Onlyooms the best market rates and guarantees that a better price cannot be obtained by a Visitor making a reservation with the Owner directly or via another medium.
9.4 The following provisions set out the entire liability of Onlyooms (including any liability for the acts or omissions of its employees, directors, agents and/or sub-contractors) to the Owner in respect of any breach of the Agreement, any claim under an indemnity, any breach of statutory duty, any representation, or tortuous act or omission including, but without limitation, negligence arising under or in connection with the Agreement
9.5 Onlyrooms' total liability in aggregate for any and all claims made against Onlyrooms (howsoever arising) in contract, any claim under an indemnity, breach of statutory duty, tort (including but without limitation negligence) misrepresentation or otherwise, arising out of or in connection with the Agreement shall not exceed the amount of the total Fees paid or payable to Onlyrooms at the time that the event giving rise to the liability arises.
9.6 onlyrooms shall not be liable to the Owner for any loss of profit, loss of anticipated profit, loss of business, loss of contract, economic loss, overhead recovery, anticipated savings, loss of data, depletion of goodwill nor for any special, indirect loss or damage, (howsoever arising) which arise out of or in connection with the Agreement.
9.7 It is the Owner’s responsibility to update or modify the Hotel’s cancellation policy on the onlyooms extranet. The Owner undertakes to apply to onlyooms the same cancellation policy across all competitive channels.
9.8 In the event of any of the customers’ accommodation not being fulfilled as a result of an overbooking situation caused by the Owner, the Owner shall immediately notify Onlyrooms and relocate the Customer to accommodation of the same or of a higher category, located in the same area and providing transfer to the selected Accommodation Establishment.
9.9 The Owner shall indemnify Onlyooms against all claims, losses, demands and costs it suffers arising out of the Owner's breach of this Agreement or the use by the Customer of the Hotel or other services offered by the Owner.
9.10 Nothing in the Agreement shall operate to exclude or limit the liability of Onlyrooms for death or personal injury caused by negligence.
9.11 The provisions of this Clause 9 shall survive the termination or expiry (for whatever reason) of this Agreement.
10.1 The Owner shall maintain adequate insurance cover with a reputable company or institution in respect of all accommodation provided against fire, and such other risks as are usually covered by a supplier or lease holder’s comprehensive policy and all third party (public liability) risks, including, Onlyrooms' liability arising directly or indirectly form or in conjunction with any claims in respect of (i) loss of, or damage to, any real or personal property; (ii) the personal injury, or death of, any person; (iii) third party property loss or damage; or (iv) its liability to third parties to whom it provides the accommodation services.
10.2 The Owner shall at Onlyooms’ request provide existing evidence of such policies including a proof of validity of such insurance cover. The Owner undertakes to comply with all relevant laws, regulations and codes of practice including without limitation, those relating to hygiene, fire, safety, and security of persons, planning, permits and licensing, for the provision of the accommodation.
10.3 In addition to its obligation to comply with all applicable laws and regulations concerning fire and safety, the Owner shall ensure that all fire exits in the accommodation are clearly marked and accessible at all times and are not locked or other way blocked. Emergency lighting, fire extinguishers and fitted smoke alarms shall be installed on all floors of the accommodation and they shall be regularly tested for proper operation. Printed instructions shall be displayed in English in a prominent position in every room in the accommodation explaining the procedures to be followed in case of emergency.
11.1 The Agreement shall continue until terminated by either party giving to the other party notice in writing at any time.
11.2 The Agreement may be terminated forthwith by notice in writing by either party if the other party:
(a) commits a material breach of the Agreement which is not capable of remedy;
(b) commits a material breach of this Agreement and fails to remedy it within 30 days after receipt of notice in writing from the other party;
(c) enters into any compromise or arrangement with its creditors, or if an order is made or an effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a receiver, manager, or administrator is appointed in respect of the whole or any part of its undertaking or assets or if there is any similar or analogous event in any jurisdiction affecting that party;
(d) ceases or threatens to cease to carry on its business or is otherwise unable to pay its debts as they fall due.
11.3 Onlyrooms may terminate the agreement forthwith by notice in writing to the Owner for certain reasons, including but not limited to, the Owner:
1) fails to pay commissions in the term agreed;
2) posts incorrect or misleading information on the extranet;
3) fails to maintain information on the extranet resulting in overbooking situation at the hotel of the Owner;
4) fails to accept a reservation at the price shown:
5) overcharges one or more customers;
6) fails to keep up to date and updating on a daily basis the information displayed on the Web Site including prices, standards, specifications and facilities of the Hotel and Hotel rooms;
7) fails to update information that is required due to system upgrades;
8) 8) Is deliberately misleading, breach any applicable law or regulation or code of practice.
Onlyrooms is keen to maintain a good relationship with the Owner, however if for any reason this relationship is not well maintained by the Owner, Onlyrooms has the right to suspend or terminate the Agreement.
11.4 After expiry or termination of the Agreement for any reason Onlyrooms shall be entitled to immediately remove the Hotel Information from the Web Site and the Owner will not be able to accept new reservations through the Web Site, and will not be visible on the Web Site.
1) The owner allows onlyrooms.com staff to make a video of the hotel and the rooms including the receptionist to upload on the website.
2. Onlyrooms.com takes no responsibilty with the videos it uploads whether it might have any brands or products, content that might be copyrighted, and will only do so by agreeing to this contract.All the responsibilty of the videos on the website is the responsibily of the owner of the hotel.
3. any and every person, receptionists , sales staff cleaning ladies, viewers that might be in the video or not in the video can not sue or question any of the contents words, text, brand or copyrights, any of the context and content in the video. if any of the videos uploaded on the website offends or is a problem for anybody by copyright or an offense, the video will be taken down immediately by onlyrooms.com