Hotelston.com Registration Terms & Conditions
Hotelston.com Terms & Conditions
These terms and conditions constitute Hotelston’s agreement with you apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. Please read them carefully, before proceeding with your booking. They apply to all bookings made with Hotelston and to all members of your party. Hotelston reserves the right to modify these terms and conditions at any time without notice and you agree that your continued use of this site will be conditional upon the terms and conditions in force at the time of your use. By accessing, browsing and using the website and/or by making a reservation through Hotelston you accept that you have read, understood and accepted the terms. If there is any part that you do not fully understand, or if you have a query, please contact Hotelston.
These terms and conditions is by and between Hotelston Ltd. hereinafter referred to as "Hotelston" and the other party "The Agent" (You).
Both parties agree the following:
In these terms and conditions the following words and expressions shall have the following meaning, unless the context otherwise requires:
- "Agreement" is as defined in Clause 3 of these terms and conditions.
- "Booking" means both requested and confirmed booking or reservation for products or services made by the Agent.
- "Reservation system" means the online system operated by Hotelston and available via Internet website http://www.hotelston.com or via SOAP API, by which the Agent and authorized Agent’s sub-agents, can make bookings.
- "Booking request" means the request by the Agent to Hotelston for a booking or reservation of products or services.
- "Booking confirmation" means Hotelston’s confirmation of the Agent’s booking request.
- "Reservation process" means Hotelston’s booking procedures available via Hotelston’s reservation system which the Agent must follow in order to make bookings.
- "Products or services" means any accommodation (at the hotels, villas, apartments etc.) product and/or service, sightseeing, transfers, car hire, rail tickets and theater tickets, and/or other relevant ancillary products or services offered for sale/to book via the reservation system.
- "Access code" means an e-mail address and password used to enter Hotelston reservation system.
- "FIT" means Fully Independent Travel products or services sold by Hotelston to the Agent.
- "Prices" means the prices offered by Hotelston for the sale of products or services by Hotelston to the Agent and displayed to the Agent on the Hotelston website or reservation system.
- "Special conditions" means any special condition, terms or information, about the products or services as notified to the Agent either during their booking process or otherwise by Hotelston.
- "Cancelation deadline" means the date by which the booking may be cancelled without being liable to pay a penalty.
- "Sub-agent" means the Agent’s sub-agents, agents or trade customers.
- "Client" means the end user or person using products or services.
- "Voucher" is as defined in Clause 10 of these Terms and conditions.
- "Website" means pages or related group of pages which are linked together using the hypertext transfer protocol ("http") located at http://www.hotelston.com.
- "Supplier" means anyone who provides products or services to Hotelston.
- "API" means the application program interface developed by Hotelston which conforms to the specification in order to enable an authorized third party, namely the Agent, to use SOAP/XML interface to access the reservation system.
- "NET price" means that the full amount is payable.
3. GENERAL TERMS
Hotelston provides a reservation system which is accessible via Internet (http://www.hotelston.com) or via SOAP API, which allows the Agent to search/consult, make booking requests, bookings for accommodation or any other products or services offered by Hotelston.
The Agent agrees to use this reservation system to purchase products or services in order to resell products to Agent’s clients. These terms and conditions also covers products or services booked via traditional (e-mail, fax etc.) methods.
The Agreement together with these terms and conditions or any other information provided at the time of reservation process or e-mail notifications/confirmations and vouchers and any mutually agreed schedules or appendices, as applicable, shall form the entire Agreement between Hotelston and the Agent in respect to all products or services sold by Hotelston to the Agent.
4. ACCESS CODE
Hotelston will grant the use of reservation system for the Agent by providing unique access code(s) to the mentioned system or by confirming the access codes that were created by the Agent on the Hotelston website. The access code is strictly personal and can only be used by members of staff or sub-agents of the Agent exclusively for the purpose of these terms and conditions.
Both parties agree on an absolute confidentiality regarding this access code and will take all the necessary steps to maintain strict confidentiality of this code. No access code can be transferred or disclosed to any third parties.
Hotelston will not be liable for the unauthorized access to the reservation system by any third party using the Agent’s access code.
If the Agent believes, that the code has lost its essential confidentiality, Hotelston shall be requested for new access code. It is the Agent’s responsibility to advice Hotelston immediately if a member of staff with access to the reservation system is no longer employed by the Agent.
Hotelston reserves the right to change the Agent’s access code for security reasons. In this case the Agent will be informed with sufficient time in advance to avoid any inconveniences.
If a misuse of the access code has been proven or is suspected, or when the access code has not been used for a longer period, or when any of the clauses specified in these terms and conditions are not complied with, Hotelston is entitled to deny or suspend any further access to the reservation system.
The Agent may add the Agent’s sub-agents in the Agent’s territory as reservation system users subject to the Agent obtaining consent from Hotelston.
It is the Agent’s sole responsibility to train the Agent’s sub-agents and to provide technical and operational support for the same in relation to the reservation system, solely at the Agent’s risk and expense.
Hotelston will not accept any direct communication, correspondence or instructions from the Agent’s sub-agents and in all instances of the same, sub-agents will be immediately referred back to the Agent.
The Agent will be fully responsible for all bookings made by sub-agents added by the Agent and all payment fees or expenses due on bookings made or attempted to be made by such sub-agents.
When the sub-agent ceases to be a client of Hotelston, the Agent’s and/or the Agent’s sub-agents’ access to the reservation system will be automatically and immediately terminated by Hotelston.
For Hotelston products or services, the Agent shall make the corresponding booking. Once the booking has been submitted, the reservation system will automatically confirm it and send a confirmation e-mail message to the e-mail address provided by the Agent. Only when Hotelston confirms a reservation to the Agent, it becomes a definitive booking not requiring Hotelston reconfirmation. Unless you receive such a communication from us, you cannot consider the booking to be confirmed or cancelled. Requests to book, amend or cancel cannot be accepted by telephone.
Products or services will be provided according to the Agreement and these terms and conditions, the prices and special conditions being shown during the reservation process. It is the Agent’s responsibility to read any special conditions accompanying any booking, booking request, amendment, confirmation, cancelation or information otherwise brought to the Agent’s attention by Hotelston and to ensure the Agent is aware of all points noted as being the specific responsibility of the Agent.
The Agent will be liable for any charges or fees associated with the bookings the Agent or the Agent’s sub-agents make or attempt to make via Hotelston’s reservation system or otherwise.
Each booking must have all client names mentioned in full. The name entered first will automatically be assigned as lead name. Please state all names as written in the passport to ensure a smooth check-in. For many cities in the USA, above all for Las Vegas and New York City, all client names are mandatory based on requirements of the local or national authorities. In case not all names are inserted in full, the supplier may cancel your booking without prior notification. It is the Agent’s responsibility to check the client’s details carefully before confirming a booking as incorrect details may result in cancellation of the booking.
All of the accommodation suppliers on the Hotelston reservation system require one of the clients to be at least 18 years old. In some states of the United States of America there are higher age limits. If you have booked accommodation in the Unites States and the clients are under 25 years of age, please contact the supplier directly for clarification. Hotelston will not take any responsibility for violation of these policies; this is fully the Agent’s responsibility.
In case of modifications you can contact Hotelston via email or fax before the cancellation deadline for that specific booking. We will not process any of your requests made by phone, and the original status of the bookings will be deemed accurate and applicable for all purposes, including charges and your payments obligations.
Any modification may be a subject to new prices and special conditions. In certain cases, name or any other changes are not permitted and the booking may need to be cancelled and re-booked. In this case new prices may apply.
In the event that you make any modification to your booking (including, but not limited to, cancellations, refunds, amendments and name changes), we reserve the right to charge you an administration fee of 10 EUR per booking to cover the administration costs incurred by us.
Changes to bookings can only be dealt with when requested by the Agent to Hotelston and not by the client to Hotelston. If you make any changes to the bookings directly with one of our suppliers, you may still be liable to be charged as the suppliers’ contracts are with us.
Should any client alter their stay directly with supplier, we will need a confirmation letter from an authorized representative of that supplier stating that the change has been accepted and that no charges will be levied to us as a result of the change. We will require a copy of this letter within 30 days of the change for the client to qualify for any financial adjustment.
8. CANCELATIONS AND CANCELATION DEADLINE
Bookings have to be cancelled directly on the website or through the SOAP API. If not, cancellations must be sent in writing (by email or fax) to Hotelston, detailing the destination and booking number. Hotelston will send acknowledgement of receipt and inform of all the charges, if any, which may be applicable.
Cancellation deadlines apply for each particular booking and may be different for each product or product type, service or service type, supplier, dates of travel etc. In each product or service available, the reservation system displays the cancellation deadline and special conditions which apply for this product or service. The cancellation deadline will be also provided together with your booking confirmation, except when it is provided by us at the time of receiving notice from the supplier. Cancellations made before cancellation deadline will not be charged.
Some of the products or services may not have a cancelation deadline and the booking incurs cancelation charges once made. The Agent confirms to be aware that in case this booking is confirmed and cancelled afterwards, charges will apply.
After cancelation deadline any cancellation has to be sent by email or fax to our booking office which will inform you regarding any penalties that may be applied. Hotelston will charge cancellation fees as per supplier’s policy, which can vary up to 100% of the amount of the reservation.
It is the Agent’s responsibility to cancel bookings made at Hotelston reservation system in case it is no longer required.
No show by the Agent’s client at the product or service supplier in due time without prior warning shall be considered a cancellation.
Hotelston reserves at its absolute discretion the right to cancel bookings made if they appear to have been made for the purpose of "holding space" for future sale or otherwise made in bad faith or contrary to these terms and conditions.
Unless otherwise stated, all prices shown in the reservation system are NET, which allows the Agent to add their profit margin and deemed to be definitive at the moment of confirmation. Prices and products or services are subject to change until the booking is confirmed. Bookings will be invoiced for the sum confirmed on the reservation system.
In all cases, the price quoted includes those products or services and arrangements as specified on the voucher generated automatically by the Hotelston reservation system and/or during the booking process.
Prices of products or services do not include any additional fees imposed by the supplier for cribs, rollaway beds, baggage fees, gratuities, meals and beverages, mini-bar, snacks, shows, tours, tips, telephone calls, liquor, laundry, car seats, GPS devices, and other surcharges or other services and purchases of a personal and/or supplementary nature which are not otherwise specified in the quoted prices or which are excluded from the price. The supplier will assess these additional fees, charges, and surcharges directly to client. All personal charges must be paid at the time of service or as designated by the supplier.
Prices exclude any government or authority taxes payable locally e.g. tourist/local/city tax.
Hotelston reserves the right to vary prices after confirmation has been given only in the case of variations in taxes, VAT or other conditions beyond its control, such as exchange rate variations in excess of 3%, changes in the periods of trade fair events by hotels or similar situations.
The prices offered in Hotelston reservation system are confidential and may not be disclosed.
Suppliers invoice Hotelston and Hotelston charges the Agent according to the Agreement and these terms and conditions. The Agent bears the risk of insolvency, non-payment or delayed payment by the client, for any reason whatsoever.
Hotelston may make available a currency converter in its reservation system. Currency prices are based on various publicly available sources and should be used as guidelines only. Prices are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The information supplied by this application is believed to be accurate, but Hotelston, its suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, Hotelston advises you to consult a qualified professional to verify the accuracy of the currency rates.
Vouchers can be emailed or printed from within Hotelston reservation system. Vouchers you receive from us is the proof of a booking and its payment and represent the right of the client to use the products or services strictly as specified in the voucher in terms of particular supplier, period of services and type of services. All and any extras/alterations to the above are at client’s sole discretion.
The client is obliged to present a voucher before the usage of a product or service. In case the client is not able to present a voucher, this may cause the product or service supplier to charge the client on spot again or to refuse a service.
The Agent can also issue vouchers on its own headed paper. In this case, the voucher must clearly state any information as prescribed by Hotelston.
We permit the Agent to use its Trade Mark (for example, your logo) on the vouchers. In doing so, the Agent warrants to Hotelston that: you either own, or have a valid license to use, the Trade Mark on the voucher; and that the use of the Trade Mark will not infringe the intellectual property rights of any third party.
If a client cancels a booking, the Agent is responsible for retrieval of any vouchers issued in conjunction with the cancelled booking. Any vouchers not so retrieved and presented by any supplier to Hotelston with the supplier’s invoice will be payable by the Agent and the Agent will be invoiced accordingly.
All bookings will be settled by the Agent by means of prepayment in full no later than final payment date (payment due date) specified by Hotelston, unless a specific alternative Agreement has been made between the Agent and Hotelston. The final payment date will be specified both online and/or on the proforma invoice which will be send to the email address provided by the Agent once booking has been made.
The Agent will remit by bank transfer the amount due to be paid. If the payment has not been received, Hotelston has the right to cancel the booking. Any cancellation cost of the booking will be invoiced to the Agent.
If the booking is made within the cancelation deadline or if the booking incurs cancelation charges once made, the booking must be paid immediately. If, in this case, the due amount has not been received within 24 (twenty four) hours after making the booking, Hotelston has the right to cancel it. Any cancellation costs will be invoiced to the Agent.
All payments must be made in the currency that appears on the invoice.
Booking numbers provided by the reservation system must be included upon payment submission, in order to Hotelston clearly identify the bookings to which the payment corresponds.
The Agent will send by fax or email a copy of the payment to an email email@example.com if the payment any reason whatsoever might not be received by the Hotelston the due date.
Hotelston will never pay a supplier before receiving the money from the Agent and cannot be held responsible for any consequences taken or not taken by the supplier because of pending payments.
The Agent is responsible for the payment of all bank charges to send its payments into the Hotelston’s bank accounts and bank charges incurred to receive the Agent’s payments. Hotelston will not accept any charges from intermediary banks.
If Agent fails to pay, the payment or the copy of the payment is not received on/before the due date in accordance with the provisions of these terms and conditions, we reserve the right to:
- suspend access to Hotelston reservation system; and/or
- terminate with immediate effect any or all Agreements with the Agent at our discretion; and/or
- demand prepayment for existing bookings as a condition of their not being cancelled; and/or
- charge interest on a daily basis at a rate of 10 % (ten percent) per annum calculated on the total amount of each outstanding invoice from the date of issue, until the date of payment together with all costs (legal or otherwise) and expenses incurred by us or on our behalf in the collection of any overdue amount.
Before payment is received in full, Hotelston or the supplier is not obliged to issue any tickets, confirmations, vouchers, or other travel documents.
After receiving the payment Hotelston will send the voucher or other travel documents by email to the Agency.
If there is any item of bona fide dispute arising out of or in connection with any invoice or consolidated statement, full details of the dispute must be made known to Hotelston by the Agent in writing within 21 (twenty-one) days of the date of the disputed invoice(s). The Agent shall take all reasonable steps and provide all necessary information and co-operation as may be requested by Hotelston in order to resolve the dispute in the shortest time possible.
Hotelston will invoice the Agent for bookings electronically. Invoices shall be issued and send to the email address provided (specified) by the Agent immediately after the commencement date of the booking.
Hotelston is acting in the capacity of selling the Agent in its own name and shall not be responsible for accounting the VAT on the value of the invoice issued (6th Directive on VAT (77/388/EC and any applicable EU legislation)).
13. UNUSED SERVICES AND NO SHOWS
Generally, products or services are non-refundable after check-in, also if only partially used.
If the client fails to show up at the service provider the due date and/or time and do not advise Hotelston and supplier of the same, the remaining portion of the booking may be cancelled without further notice. Unless specified otherwise, the Agent may not receive a refund for all or part of the booking in the event of "no show".
14. CHANGE OF ACCOMMODATION BOOKING
We will always do our best to ensure that all confirmed bookings are accepted by the supplier. If the original accommodation booked is closed, over-booked or has maintenance problems and/or cannot provide/honor the room(s) booked, Hotelston or supplier is responsible for finding you alternative accommodation of a similar standard. Where we have prior notice we will advise you immediately and contact you by email, upon receipt of such notice from the supplier. Hotelston will provide all the support and assistance for the best possible solution, however it cannot be held responsible and accepts no liability for any losses or costs that might occur as a result of relocation as this is completely beyond our control.
15. LOCAL MARKET PRICES AND NATIONALITY
Not all of the prices displayed on the Hotelston website or reservation system are applicable for the local market. In addition, some other markets may be affected and in such cases the supplier is within their rights to change the price without prior notice.
You agree that client nationality declaration is mandatory and must be determined by selecting Client Nationality at the time of booking. This information must be in accordance with the client passport. False declaration of client nationality may cause consequences for which we cannot be held liable. If you do not change Client Nationality, the Agent Nationality will be taken as client nationality by default. In case any financial damage occurs due to false nationality declaration, it will be covered by the Agent towards your clients or to Hotelston in full.
Faulty or no declaration may cause unwilling consequences for which Hotelston holds no responsibility. Furthermore, if any financial damage may occur because of faulty nationality or no declaration, it will be covered by the clients/agents towards their clients or Hotelston in full.
16. SPECIAL REQUESTS
If the Agent or clients have any special requests (for example, dietary requirements, cots or room location) please let us know by email or at the time of booking. We will pass on all such requests to the relevant supplier, but unfortunately we cannot guarantee that they will be met. If the supplier is unable to meet any such requests, neither Hotelston nor supplier can have any liability to you in this respect.
17. EMERGENCY SUPPORT
In the unlikely case that the client would be refused at check-in or whenever clients are asked to pay directly to the supplier for the services listed on the voucher, the Agent or the clients will contact our emergency number immediately which will assist and try to solve the matter.
All receipts and/or proof of payment must be collected and submitted to Hotelston for a claim and request of refund or adjustment. In case our emergency number is not contacted by the Agent or the client, no refund can be claimed, as Hotelston was not given the chance to solve the matter and it may be that late cancellation or no show charges apply.
Complaints should be brought to the attention of product or service supplier on the spot. In case the problem has not been satisfactory solved during the time the product or service being used, the Agent will send the complaint with all relevant correspondence to Hotelston in writing. Hotelston will not, in any event, handle any complaint that was not brought to the attention of the supplier or Hotelston during the time the product or service being used and we will not deal with any complaints received later than 15 days after the service.
Hotelston only accepts complaints that are sent in writing to Hotelston by email firstname.lastname@example.org and which are accompanied by a written proof that the lack was reported on the spot to the suppliers’ management.
Hotelston reservation system may only be used to book the maximum of 9 clients or in no more than 5 rooms (in the USA, more than 4 rooms are considered as a group) if not stated otherwise. Any more than this is classified as a group booking and must be sent by email to email@example.com or you can also place your booking request filling in our group request form on the website choosing "Groups" tab on the top menu. Hotelston will respond to group requests with either a quotation only or a confirmation of product or service with the relevant price. Price offer is strictly subject to availability. In case size of the group changes, the booking price may be adjusted for the number of clients still using the products or services.
If Hotelston or supplier reasonably believes that the Agent have added group bookings to reservation system by splitting them to make them appear as FIT bookings, Hotelston or supplier may change group special conditions and cancellation deadline or may cancel bookings the Agent have added using reservation system. Cancellation charges may apply and the Agent will be liable for these charges.
20. ACCOMMODATION CATEGORIES AND PHOTOGRAPHS
The categorization of the accommodation with stars is used to give a general overview of the quality of the property and approximate level of facilities, services and amenities available. The property star ratings are provided for your information only. It is only indicative of the level of comfort client can expect to find in a particular property, with a higher star rating generally being indicative of a higher level of comfort and amenities. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices, local institution that defines the criteria or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. In certain countries the categorization with stars is not used for an official evaluation. Star ratings do not necessarily reflect all the amenities or services that might be available at the property, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our reservations department and inquire as to the availability of such amenities or features.
Accommodation descriptions in Hotelston represent a generalization of all worldwide accepted criteria and can only be used as a guideline source. Hotelston cannot guarantee a particular level of quality or standard of an accommodation and is not responsible for the categories and stars ratings as these have been provided to us and accepted in good faith. We do not independently verify star ratings.
Hotel and/or guest room photographs are provided to give a general overview of the accommodation. Guest room photographs may be of a different category to the one you book and not identical to the room your client(s) are allocated at the accommodation.
21. TERMS AND CONDITIONS FOR TRANSFER SERVICES
Shuttle transfer duration may vary depending on how many stops have to be made on the way to client’s accommodation.
Private transfers are from the booked pickup point to the final drop off point only. In case extra stops are required (e.g. to collect the key of an apartment to a third party location) a local extra charge payable directly to the driver or supplier representative may apply. The agreement and payment of those extra charges are between your client and the supplier or its representative.
It is the Agents’ responsibility to check the details of the booking on the voucher prior to travel and inform Hotelston as soon as possible if there are any errors. Nor Hotelston, nor any third party part of our agreement, cannot be held responsible for errors in services due to incorrect information provided at the time of the booking.
Airport, region, resort, city cannot be changed in the transfer booking. Lead passenger name, hotel name (in the same region), airlines codes, flight numbers, flight times could be amended on request. Bookings cannot be amended within 48 hours of the transfer, exceptions will only be made to changes in flight details.
If the amendment leads to an increased cost, this must be paid by the client at the time of the request. Please note that amendments are subject to the booking conditions of the supplier who is likely to charge amendment fees in addition to the administration fees.
When transfer pick-up information by SMS message service has been booked for client and If client fails to receive a message due to unforeseen circumstances, such as network provider or phone issues, please refer to the booking voucher for details about the transfer pick-up time.
Luggage allowance - each passenger is allowed one suitcase and one piece of hand luggage. Extra luggage or oversized items (skis, golf clubs, snowboards, wheelchairs/scooters ect.) may carry an additional charge or require specialized transportation. Please send by email firstname.lastname@example.org a note to ensure that we are aware of any extra pieces of luggage. Passenger’s baggage is, however, carried entirely at their own risk and no responsibility can be accepted for loss or damage by Hotelston. Hotelston will not accept responsibility for any costs incurred or the making of any arrangements in returning the items to passengers.
All children and infants count towards the occupancy of the vehicle, regardless of age, and thus should be included in the total number of passengers at the time of booking. The EU directive 2003/20/EC states that children must use an appropriate child seat until they reach 12 years of age or until they reach a height of 135 cm. However there is an exemption for licensed taxis. If no child seat is available, children of three years of age and over may travel as long as they wear an adult seat belt. Children under three years of age may be transported without a safety restraint as long as they travel in the rear of the vehicle. If clients require a child seat for a child, we strongly recommend to bring their own due to the variation in quality and availability across destinations. In some areas we can request local child seats on client’s behalf. If a child seat is provided by the transport company a charge will apply.
Suppliers are usually able to transport manual, folding wheelchairs in their vehicles, but passengers must advise us at the time of booking. This is vital to ensure that the correct vehicle is available to meet client’s specific requirements.
The transfer supplier, its drivers and appointed agents, reserve the right to refuse to carry any person who is, or appears to be under the influence of alcohol or illegal drugs and/or whose behavior is considered to pose a threat to the driver, the vehicle or the other passengers. No refunds will be made in those circumstances.
Passengers are not allowed to consume alcohol on any of the supplier’s vehicles. Smoking is not permitted unless express permission has been given by the driver.
If arrival flight is diverted or delayed, we recommend to contact the supplier via the telephone numbers provided. Whilst every effort will be made to accommodate changes of this nature, an additional charge maybe applied.
In case accidents causing delays to the vehicle: exceptional or severe weather conditions, compliance with requests of the police, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, industrial action by third parties, problems caused by other customers, other circumstances affecting passenger safety, road closures due to local fiestas or other events, properties that are not accessible to type of service booked, or similar also in case Force Majeure, Hotelston will not be responsible but will do its utmost to reduce the inconveniences of the client and/or Agent as much as possible.
As we are acting only as a booking agent, we have no liability for any of the transfer arrangements and in particular, to the extent permissible by law, no liability for any illness, personal injury, death or loss of any kind, unless caused by our negligence. Any claim for damages due to injury, illness or death arising from your use of the transfer services, must be brought against the operator of the transfer services and will be under the jurisdiction of the law of the country in which the transfer is being provided.
Hotelston will accept no liability for any difficulty or service failure if clients are not in possession of the appropriate transfer documentation outlining our arrival and departure procedures at their time of travel.
Hotelston, on behalf of the supplier, is entitled to refuse any booking placed by the Agent. Hotelston does not guarantee to successfully allocate a supplier to every booking request. In the event that Hotelston is unable to allocate booking request to a supplier, Hotelston will send an email to advise the Agent of that fact. An alternative may be offered which may include additional charges.
Upon booking the transfer through Hotelston, the Agent accepts responsibility for the proper conduct of clients during the transfer. The transfer provider reserves the right at any time to terminate (before or after departure) the booking misconduct, within their reasonable opinion. Full cancellation charges will apply and no refund will be given. Furthermore, the transfer supplier shall be under no obligation, whatsoever to pay compensation or meet any costs or expenses clients and/or Agent may incur as a result of said termination of the booking, in accordance with this paragraph. If clients’ actions causes damage during the transfer, the Agent agree to fully indemnify Hotelston against any claim (including reasonable legal costs) made against Hotelston by the transfer supplier. The Agent is also liable for reimbursing the transfer supplier for any damage caused.
Hotelston accepts no liability for additional costs resulting from late flight arrivals.
Whilst all reasonable efforts will be made by the supplier, there is no guarantee that the vehicle will arrive on time in order to begin the period of hire nor that it will reach its destination on time. Hotelston will not incur any liability in the event of such a delay.
Hotelston undertakes to solve all the problems of reservation system operation and, if such occur, to compensate for actual losses that have arisen, which must be based on the evidence.
In case of complaints, the Agent is not authorized to discount any payable amount to Hotelston, unless written consent from Hotelston has been obtained.
No party is liable to another party for non-fulfillment (other than payment of outstanding invoices) as a consequence of fire, earthquake, flood, substantial snowstorm, epidemic, explosion, strikes, riot, civil disturbance, war, act of God, any failure or delay of any transportation, power or communications system or any other event that is beyond the influence of the parties, which is known as Force Majeure, but the existence of such circumstances one party is obliged to inform the other party as soon as they arise.
In case of Force Majeure, Hotelston will not be responsible but will do its utmost to reduce the inconveniences of the client and/or Agent as much as possible. Any extra costs rising of this situation will be invoiced to the Agent at cost price. Hotelston will not make any extra costs unless approved by the Agent.
As soon as any new tax structure is announced, Hotelston will inform the Agent.
Hotelston has the right to modify invoices or cancel bookings after wrong publications on the reservation system which contain obvious erroneous mistakes in prices and/or descriptions.
Hotelston will not accept any direct communication with clients and will refer them back to the Agent in all cases. The Agent is fully responsible for all bookings made in Hotelston under its access codes.
The Agent shall comply forward immediately to Hotelston any communication or correspondence received from the client and to forward immediately to the client any communication or correspondence received from Hotelston.
The Agent will be liable for any loss or third party claim, including cancellation charges Hotelston may incur as a result of any incomplete or inaccurate details in the booking that the Agent has added to reservation system or the booking information that the Agent has sent to Hotelston to reserve on the Agent’s behalf.
It is the Agent’s responsibility to inform the client about the content of these terms and conditions and to include the following points in the Agreement with the client: booking, modification and cancellation conditions, prices, vouchers, emergency support, complaints, Hotelston’s responsibilities and liability, the client’s responsibility. The Agent agrees to exempt Hotelston and all its legal entities from all claims of the client in case of failure of this duty.
We act solely as an intermediary and not as a principle when making bookings for products or services we offer. We are therefore not liable for personal injury, illness, property damage or other loss or expense of any nature whatsoever arising directly or indirectly out of any actions of the supplier with which we booked or supplying the product or service we have reserved on your behalf.
The information on the hotels and other services provided by Hotelston is accurate as possible given that the data is provided by the service supplier. Hotelston is not liable for any inaccuracies in the information if shown to be different from that provided by the service supplier.
Hotelston shall in no event be liable for any consequential, incidental, indirect, special or punitive damages whatsoever. However, the foregoing liability disclaimer does not affect the statutory rights that cannot be excluded under applicable law.
Hotelston’s maximum liability to the Agent for all claims (including negligence) arising under each booking is limited to value of your booking with Hotelston to which your claim relates. Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from our negligence.
Hotelston has no responsibility for losses or accidental expenses due to delay or changes in transport schedules, defaults or overbooking by airlines, sickness or any other causes that are beyond Hotelston’s and the supplier’s control. All such losses or expenses are the client’s responsibility. Hotelston strongly recommends buying appropriate private insurance prior to a trip.
Hotelston has taken reasonable care to ensure product content is correct. The Agent acknowledges that product content is made available by Hotelston is made available to Hotelston by third party - suppliers. All product content is prepared in good faith but the Agent acknowledges that Hotelston cannot check the accuracy of all information provided by suppliers. The Agent acknowledges that product content is subject to amendment at any time without notice. Hotelston has no direct control over the third party suppliers of products and will not be liable in the event that any services or facilities are changed or withdrawn.
Neither party shall be liable for any claim made by the other more than two years after the event or, in case of series of events, the first such event which gives rise to such claim.
24. THE CLIENT’S RESPONSIBILITY
Travel documents, including visas, as well as the compliance with custom regulations, are the client’s and its party’s responsibility. Hotelston shall not be liable for costs incurred by clients not carrying proper travel documentation.
In case the client or any member of its party behave in an inappropriate manner or cause damage, distress, offence or injuries to others or if the client’s actions risk damage to persons or property of others including the supplier or third parties, the client will bear the full consequences and costs of eventual actions taken against the client by Hotelston, the supplier or legal authorities.
Should Hotelston be held liable for any costs, damages, fines, fees etc. as a consequence of the client’s or a member of its party’s actions by the supplier or third parties (including legal authorities), the client shall fully indemnify and hold Hotelston harmless from any of such claims (including legal fees incurred by Hotelston in order to defend itself).
"Confidential information" refers to any information in any form (written, oral, visual, electronically recorded, etc.) that is directly or indirectly provided by (the "caller party") to the other party or any of its representatives (the "receiving party") and that at the same time is declared as confidential (or similar designation) and / or has been reasonably considered confidential information, subject to property rights or, in general, not public. Confidential information includes, without limitation, commercial rights, know-how (which includes all the technical knowledge, components, prototypes, experience and methods of either party, represented by drawings, written descriptions, technical components or other representations), plans and business data and / or any other information regarding the business activities of the caller, including the existence of these terms and conditions.
Confidential information includes all information relating to the information provided by the parties before the signing of this contract. Confidential information does not include any of the following:
- Information that is public knowledge at the time of accepting these terms and conditions or that will become public knowledge without breaching these terms.
- Information that was rightfully known by the receiving party prior to being informed by the caller.
- Information that has been independently developed and received legitimately from the third parties.
- Information created by the receiving party in an independent manner and that is not part of the joint business opportunities on both sides.
- Information that has to be public by law.
The exchange of confidential information from each party includes directors, affiliates, partners, employees, agents, independent contractors, auditors, lawyers and advisers of the party.
The receiving party is committed to:
- a) receive and maintain the Confidential Information in confidence at its own expense;
- b) make maximum efforts to protect and safeguard the Confidential Information from loss, theft, destruction or the like;
- c) not, directly or indirectly, make known, divulge, publish or communicate the Confidential Information or any part thereof to any person, firm, entity or corporation without the express written consent of the Disclosing Party;
- d) limit the internal dissemination of the Confidential Information received to those who have a need to know and an obligation to protect the Agreement and these terms and conditions;
- e) not use or utilize the Confidential Information for the Receiving Party’s benefit or the benefit of others without the express written consent of Disclosing Parties;
- f) not use the Confidential Information or any part thereof as a basis for the design or creation of any method, system or process similar to any method, system or process embodied in the Confidential Information unless expressly authorized in writing by Disclosing Parties;
- g) not reverse engineer, disassemble or decompile any prototype, software, communication exchange or other objects that embody the Confidential Information;
- h) keep the confidentiality of personal data (phone, email, address, etc.) included in the Confidential Information, if any, avoiding its dissemination and/or usage outside these terms and conditions purpose;
- i) limit the use of the Confidential Information to the framework of the commercial Agreement with Hotelston and these terms and conditions.
Any confidential information and copies made will be returned to the caller or, at the request of the caller, will be destroyed, removed permanently from any computer, server or other device, which must be certified by an authorized employee of the receiving party within the 15 days after receipt of the caller’s written request. When the receiving party has finished reviewing the information provided by the caller and has taken the decision to work or not with it, the receiving party shall return all the information to the caller without retaining any copies. The property throughout the confidential information provided will remain relevant to these terms and conditions, depending on the rights of any other owner, in the hands of the caller.
The rights and obligations of each party arising out of this section (confidential information) remain valid for a period of 5 years after its termination or expiration.
In the event of default by the Agent and/or their employees of their obligations of confidentiality and secrecy as provided herein, the Agent shall be liable and shall indemnify Hotelston for damages incurred, being subject to civil or criminal actions that may correspond to Hotelston as a result of that breach.
The Agent shall assume all cots and/or expenses that Hotelston may incur in order to enforce their rights, following the initiation of any judicial proceedings against Hotelston for breach of their obligation of confidentiality and secrecy, expressly included, the cost of proceedings, minutes of the Advocate and any other professionals hired for this purpose.
Any other use of the Confidential Information out of this contractual relation will be considered a breach of contract. The non-fulfillment by any of the parties of the duties established in the Agreement and these terms and conditions will entitle the disclosing party to bring an action for damages against the receiving party.
26. PERSONAL DATA PROTECTION
Hotelston may need to collect personal data and other information about the client to deal with their booking. Hotelston and the Agent commit themselves to act according to European laws and/or any legislation that develops, adds or replaces the "Personal Data Protection Regulation" (hereinafter PDPR). To that effect, the following directives must be observed and fulfilled:
- REGULATION 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
- DIRECTIVE 2002/58/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (E-Privacy Directive)
Any personal data that the Agent may reveal to Hotelston through the use of the reservation system will be considered to have been obtained, processed and transmitted under the strict observance and fulfillment of the PDPR.
Accordingly to the PDPR, the Agent and Hotelston commit themselves to keep confidentiality in connection to such data, even after termination of their relationship, and to ensure that the staff providing the services is also subject to such obligation.
Hotelston and the Agent state and guarantee that they have deployed the necessary technical and organizational measures to ensure the safety of personal data and to avoid its alternation, loss, processing and/or non authorized access, taking into account the current state of technology, the kind of data stored and the risks such data is exposed to.
Hotelston may disclose the client’s information to third parties only for the purpose of completing the client’s booking reservation and for the purposes of associated administration. Any data thus collected on this website may be transmitted, according to PDPR, to those entities that must be involved in order to contract the requested products or services. Where the client’s product or service is outside the European Union, controls on data protection may not be as strong as the legal requirements in PDPR. Hotelston, however, will not pass any information on to any person that is not directly responsible for travel arrangements.
If the owner of personal information held by Hotelston would like at any time to exercise the right to access, correct, update or delete their personal information according to PDPR, please contact Hotelston.
All materials and all content on Hotelston website are the intellectual property of Hotelston or its suppliers and are protected by international copyright law. The Agent is granted a limited, non-exclusive, non-transferable right to view these materials. The Agent may not copy, reproduce, store, transmit, distribute, borrow cache, modify, sell, make derivative works, or otherwise use the information without the express written consent of Hotelston. Any violation, including through robots, spiders or other automated or manual means, may result in severe civil and criminal penalties.