TERMS AND CONDITIONS
The use of the hoteliga is governed by these Terms and Conditions.
These Terms and Conditions are effective towards the User on the moment when the User clicks “I agree” on Terms and conditions checkbox on the website, accepting these Terms and Conditions.
Nothing in these Terms and Conditions shall be deemed to establish or imply any other relation or a partnership, company or joint venture between Company and the User. Nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
Company: Hoteliga International spółka z ograniczoną odpowiedzialnością with its registered office in Prof. Michała Życzkowskiego Str. 20, 31-864 Kraków, Poland, entered into the register of entrepreneurs of the National Court Register under KRS No.: 0000699940, NIP (Tax Identification Number): 6751621616, REGON (Statistical Number): 368549956; the Company is an IT enabled entity and a successor of a company hoteliga B.V. (based in Barbara Strozzilaan 201, 1083 HN Amsterdam, The Netherlands, VAT ID: NL855524893B01), providing services and solutions for the Hospitality Industry. All of the rights and obligations of hoteliga B.V. have been transferred to the Company.
User: The person that uses the Company’s products and services, including but not limited the owner of the property and its employees, hoteliga’s end users and the person’s agents or representatives. The relation under these Terms and Conditions is a business to business (B2B) relation between the Company and the User. Nothing in these Terms and Conditions shall be deemed to constitute a business to consumer (B2C) relation.
Product(s) : the product(s) or service(s) supplied by the Company including (without limitation) hoteliga “Channel Manager”, hoteliga “Booking engine”, hoteliga “hoteliga PMS”, and hoteliga “API”.
hoteliga: any of the Products or property or equipment (including hardware and software, interface, platform, database, texts, images, videos, website other content) owned or used by Company which enables the User to access or use the Products.
Subscription: period of time when the fee is paid by the User to the Company, monthly or yearly
1.1. The User must read the Terms and Conditions carefully. By accepting the Terms and Conditions and using hoteliga the User acknowledges that he has read, understood and agreed with these Terms and Conditions. or other, for the use of the Company’s Products.
Content: all information and content available in hoteliga, including in particular, but without any limitation: trademarks, logos, marks, text, graphics, icons, images, audio, data, software etc. Terms and Conditions: these terms and conditions.
1.2. From the moment of accepting these Terms and Conditions the User agrees, accepts and consents to establish a business relation with Company. Any and all payments in regard with the Products usage and other services provided shall be made exclusively to the Company.
1.3. The Company shall reserve the right to modify these Terms and Conditions. The User must undertake to remain informed about any changes to Terms and Conditions. Further use of the Hoteliga shall be deemed as an acceptance of any modifications to the Terms and Conditions.
2.1. The Company respects the User’s privacy and appreciates the relationship with the User. Any information the User provides to the Company is safe and secure and it is not shared with third parties for any purpose except as it is necessary to perform the Hoteliga services. The Company may however disclose and share the User’s information to any of its employees, contractors, partners, affiliates, advisers and legal representatives as long as each such recipient is bound by an obligation of confidence.
2.2. The Company collects information that the User provides to the Company when the User sets up a hoteliga account, uses the Content or communicates with the Company. The Company may request the User’s personal information (e.g., name, address, email address, telephone numbers) to operate, maintain, and provide to the User the Products of the Company.
2.3. While using Hoteliga the Company may send to the User’s computer one or more cookies which is a small text file containing a string of alphanumeric characters, that uniquely identifies the User’s browser and facilitate the User logging in and the User’s navigation through Hoteliga.
3. ACCURACY OF INFORMATION
3.1. Nothing in these Terms and Conditions shall be deemed as a Company’s warranty, express or implied, on the accuracy, completeness and reliability of the information provided to user, including but not limited to Product descriptions, colors, information or other content available.
3.2. The Company does not guarantee that the information provided to the User is current and error free. Any incomplete or inaccurate information shall be immediately notified to the Company.
4. INTELLECTUAL PROPERTY
4.1. The hoteliga and Content are exclusive property of the Company.
4.2. Neither the Content nor any part of hoteliga may be used, reproduced, copied, sold, resold, made accessible, modified or otherwise exploited in whole or in part, for any purpose, without prior written consent of the Company, otherwise null and void.
4.3. Nothing in these Terms and Conditions shall exclude or restrict liability for breach of the intellectual property rights of the Company as set forth in this Section 4.
5.1. Company provides the User a non-exclusive, revocable and non-transferable worldwide license to access hoteliga and its Content. This license does not include the source code of hoteliga and Content. The license is granted in the following fields of exploitation:
- displaying the Content on a screen of the device;
- launching hoteliga on the device.
- using hoteliga for performing day to day or other operations related to managing the property.
5.2. The license is payable. License fee depends on the length of Subscription. The license fees shall be paid monthly (paid once a month) or yearly (paid once a year).
5.3. Any related fees the User may find at the Company’s website.
5.4. In case of lack of payment, the Company has the right to permanently delete User’s account. The User can request to export any data stored in the account within and no later than 30 days after the account’s expiration.
6. CONDITIONS OF USE
6.1. It is forbidden for the User to proceed or allow third parties to make, and/or to attempt on the User’s behalf to make and distribute copies of hoteliga and Content, to attempt copying, reproduction and modification or reverse engineering of the Products or any part thereof, rent, lease, loan, sell, publish, grant sub-license, distribute, transfer or otherwise transfer any part of the application to any third party, to consolidate, adapt or create derivative works, reconstruction of objects or source code, to attempt to access otherwise the source code of the Products.
6.2. The User is fully liable for all costs incurred by the Company in restoring a Products where the fault is a result of defects in customer’s software or hardware; and/or any act or negligence of the User.
7.1. Hoteliga is available and accessible via Internet. Company will make every reasonable effort to ensure that hoteliga is accessible and available anytime. However, since this application is available via Internet, the quality and accessibility of the application may be affected by factors that are beyond the sphere of influence of Company. Nothing in this section shall be deemed as a Company’s warranty on the hoteliga being accessible and available anytime.
7.2. The Company is not responsible for the unavailability of the hoteliga or for any difficulty or inability to access, or for any other failure of the network (for example for network failures, telecommunication network delays etc.) in consequence of which the User cannot access hoteliga.
8. SYSTEM REQUIREMENTS
8.1. The Company may issue from time to time revised versions of the hoteliga, which may include improvements, extensions and general changes in the operation of the hoteliga for the purpose of providing more functionality and better services. For revised versions of Hoteliga the User will be informed with announcements.
9. TERMINATION OF THE APPLICATION
9.1. The Company may at any time, in its sole discretion and without any liability, suspend or terminate the use of the Products, especially in case the Company considers this action necessary: (a) to comply with Polish law (b) to prevent any immerse or loss of data, or (c) in case of the fault of the User which is causing hoteliga to perform at a reduced level.
9.2. With the suspension or termination of the Products, all rights and licenses granted to the User automatically expire.
10. LIMITATION OF LIABILITY
10.1. Except to the extent that any exclusion or limitation of liability is void, prohibited or unenforceable by applicable law, the Company’s liability shall be limited as provided in this Section 10.
10.2. Company shall not be liable for any direct or indirect damage that may be caused with the use of Hoteliga and Content; in particular, the Company shall have no liability for any loss of profit or revenue or for any consequential, indirect, incidental, special, punitive, or exemplary damages, even if advised of their possible existence.
10.3. The Company excludes all liability and responsibility in contract, tort (including negligence), or otherwise, for any: loss or damage resulting, directly or indirectly, from the use of, or reliance on, the hoteliga application. The Company excludes all liability and responsibility in contract (including negligence) for any loss or damage that may be caused by third party systems connected with the Products.
10.4. The Company’s total liability in respect of all claims made under this Agreement, including in respect of any claims in tort or negligence; is limited to the total Subscription fee paid by the User in the preceding 1 month.
10.5. The Company is not responsible for any disruption which may be attributed to internet malfunctions, network delays, power outage, malfunction of the User’s computer, laptop, phone or tablet, malfunction or fall of mobile providers systems or internet service providers.
11. CONNECTING TO OTHER SITES
11.1. Through the Products or website www.hoteliga.com the User is likely to gain access to other websites. These websites are provided solely for the User’s convenience, the access is achieved by the User responsibility. The Company is not responsible for the content or accuracy of the information included therein.
12. HELP DESK
12.1. Technical Problems:
In the case of technical problems, the User must make all reasonable efforts to investigate and diagnose problems before contacting the Company. If the User still needs technical help, the User must email the Company at firstname.lastname@example.org.
12.2. Service availability:
Whilst the Company intends that the Products should be available 24 hours a day, seven days a week, it is possible that on occasion hoteliga may be unavailable to permit maintenance or other development activity to take place.
13.1. If any one or more provisions of these Terms and Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13.2. Use of the Company’s corporate name or registered marks for advertising purposes is not permitted without the Company’s prior written authorisation.
13.3. These Terms and Conditions shall be governed exclusively by the laws of Poland.
13.4. Any dispute or difference arising out of or in connection with these Terms and Conditions shall be finally settled by court relevant for the Company’s registered office.