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Terms and Conditions

Terms and Conditions of Use of the Hotelly.com website

These terms and conditions detail how the Hotelly.com website (the "Website") can be used. If you use the website you agree to be bound by these terms and conditions.

GENERAL

Definitions

In these terms and conditions, "we" and "us" mean Hotelly.com, Hotelly.co.uk, and other sub domains of Hotelly which are trading names of RateGain IT Solutions Pvt. Ltd. (RateGain) whose address is B-15, Sector 57, Noida 201 301 (UP) India.

1. Access to the Website and content

We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website from time to time.

We assume no responsibility for the content or services of any other websites to or from which the Website has links.

2. Our service

We grant you a non-exclusive, revocable, non-transferable licence to use the software on our server to access and collect information from the websites of third party providers as permitted by use of our service.

Using our service allows you to access software on our server which you are licensed to use (as set out in clause 3) to obtain information held on our website or from the websites of third party providers. When you use the service, you may cause our software to send a request to the third party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you by which you may access such third party sites.

3. Intellectual Property

The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.

All rights in Hotelly.com are owned by RateGain. Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners.

You shall retain ownership of the data you submit to the Website. You grant us a world-wide, royalty-free, non-terminable licence to use, keep, share, save, collect, copy, distribute, publish and transmit such data in any manner.

4. Disclaimer

Nothing within the Website is, or shall be deemed to constitute, a recommendation to purchase any product or service. Any and all information provided within the Website is for general information purposes only. We strongly recommend that independent professional advice is obtained before you purchase any product and/or service via the Website.

5. Exclusions of liability

We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website will be fault free and we do not accept liability for any errors or omissions.

We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied) as to the accuracy of any information contained on the Website.

We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud.

Subject to the liability which we accept above: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Website shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.

* For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers.

The clauses in 5 above do not affect your statutory rights.

Some channels will provide you with access to third party sites who will host reviews about some of the products and services available. In some instances you may also be able to access user reviews directly on the hotelly.com site. Regardless of whether you are transferred to a third parties site or read a user review on our site, the views expressed therein do not represent the views of hotelly.com or any of its associated companies and RateGain is not responsible for the accuracy of any such views or expressions.

6. Exclusion of liability for third party providers' products and services

You can buy a number of products and services via the Website. Please be aware that the majority of products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before purchasing the products or other services.

As you view the Website there may be references to specific terms and conditions which apply to certain products or services. In such circumstances, it is your responsibility to refer to such terms and conditions applicable to those offers.

Clause 6 does not affect your Statutory Rights as a consumer

7. Advertisements

No personal data for example your name, address, email address or telephone number are used during the course of serving our advertising, but, our advertisers may place or recognize a unique "cookie" on your browser. This cookie does not collect personal data about you nor is it linked to any personal data about you.

8. Your obligations

You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.

You warrant that all information provided on registration of Hotelly.com and otherwise provided by you on this site shall be true, complete and accurate. You agree to immediately inform us if your information changes.

9. Complaints

Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact our Customer Services Team (Complaints Handling) at our address given above

If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any provider's contact details, please contact our Customer Services Team who will be happy to assist.

10. Payment

Payment for products and services will be made on the relevant provider's website as Hotelly.com does not sell any product and services on its website

11. Data protection

We are committed to protecting your privacy. Our privacy practices are set out in our Privacy Policy . We may disclose your details or access your account if required to do so by law, applicable regulator, compliance monitor, Governmental or law enforcement agency.

12. Termination

We may terminate or suspend your access to the Website and the services within it at any time.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

13. General

The content of this Website is directed solely at those who access the site from the United Kingdom. We make no representation that any product or service referred to in this Website is available or otherwise suitable for use outside of the United Kingdom.

The Website is for your non-commercial, personal use only and must not be used for business purposes.

If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

We may modify these terms and conditions at any time. Your continued use of the Website signifies your acceptance of such modifications.

Except as set out below in this clause, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.

We may assign or transfer our rights under this agreement pursuant to a re-organisation of trade or share sale, or to any company in the RateGain group of companies for our convenience.

Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

14. Governing law

These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which each party submits.

GUIDANCE NOTES

The following sections form part of the terms and conditions and provide more specific guidance on certain products and services

15. Hotels

Our hotels channels allow you to compare these services and their prices. The Website will direct you to the relevant provider's website should you wish to purchase a particular service. If your preferred service is available on the provider's website and you purchase this service, the contract will be between the provider and you. We will not be a party to the contract. The provider's terms and conditions will apply in addition to these terms and conditions.

The provider's terms and conditions may include provisions relating to recommended cancellation or modification of bookings and refunds and other restrictions. You are solely responsible for complying with the provider's terms and conditions.

16. Package holidays

Our package holiday channel allows you to compare package holidays and their prices. The Website will direct you to the relevant provider's website or call center should you wish to purchase a particular holiday. If your preferred holiday is available on the provider's website/call center and you book a holiday, the contract will be between the provider and you. We will not be a party to the contract. The provider's terms and conditions will apply in addition to these terms and conditions.

We present general information on the Website in relation to package holidays for guidance only. It is your responsibility to check that you understand and comply with any specific requirements relating to the holiday, for example, any visa, passport or vaccination requirements.

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