Effective from August 1, 2013
Approval of Terms and Conditions
Sirvoy Booking System (hereinafter called “the system”) is a service provided by Sirvoy Ltd. (hereinafter called “Sirvoy”), registered in Ireland. The subscription holder (hereinafter called “the customer”) of the system approves these terms and conditions during registration by checking the box in the registration form on the Sirvoy website. Sirvoy may occasionally adjust the terms and conditions. By continuing to use the system after those changes are made, the customer is expressing and acknowledging his acceptance of the changes.
Scope and Use
The subscription gives the customer the right to use the system. Maximum allowed number of bookable objects must not be exceeded. The right to use the subscription is held by the customer that signed the subscription, and the subscription cannot be used by others or for data processing for others. The customer is only entitled to use the system for the intended purposes. In case of abuse, the subscription will be terminated without warning.
Terms of Payment and Invoicing
Billing is processed every month. Fixed charges and variable costs are deducted from the customer’s account balance. The account will be locked if the account balance is negative for more than 10 days. If payment has still not been received within 60 days, the account will be terminated. Payment reminders will be displayed after login and/or sent to the customer by email.
Duration and Termination
The customer may use the system as long as the account balance is not negative. Money paid into the account will not be refunded. The account may be terminated 60 days from when the account balance has gone negative or upon request from the customer.
The customer owns and may use the data as the customer see fit. Reservations are left in the system at least 18 months from check out date, but may thereafter be erased, unless already erased by the customer. Upon ending the subscription, the customer may export his data using the export functionality. The customer data will be deleted after 60 days if the subscription expires, and Sirvoy has no obligation to store data after this period.
Sirvoy aims for the highest possible operational stability, but is not responsible for any interruptions due to factors beyond Sirvoy’s control. Such interruptions include power failure, failure of equipment and connections, and the like. In any case, Sirvoy aims to return to normal operation as soon as possible.
Maintenance and System Changes
To provide the best service possible, Sirvoy may occasionally adjust or update the system. In such cases it may be necessary to temporarily shut down the system access. Sirvoy has the right to update and improve the system and also change functionality, as long as basic service is maintained, i.e. registration and management of reservations.
Sirvoy will announce any price increases at least three months in advance, except for those that may be required because of inflation, exchange rates, third-party price increases or other factors beyond Sirvoy’s control. New functionality such as additional modules or features can be priced separately.
The system is copyrighted and owned in full by Sirvoy. Sirvoy may at any time transfer its rights and obligations to third parties, provided that the third parties intend to continue to maintain the system according to these terms and conditions.
Obligations of the Customer
The customer has the complete and full responsibility of the individual transactions and agreements entered into and managed through the system. The customer is responsible at all times for verifying that the information recorded or displayed in the system is correct. The customer must not act in a manner that adversely affects others’ ability to use the system, and the customer must not register offensive or misleading information.
The customer acknowledges that, to the extent permitted by applicable law, his sole and exclusive remedy for any problems or dissatisfaction with the system, the third-party applications or the third-party application content is to stop using the system, the third-party applications or the third-party application content.
Obligations of Sirvoy
Sirvoy endeavors to provide the best service possible, but the customer understands and acknowledges that the system is provided “AS IS” without express or implied warranty or condition of any kind. The customer uses the system at own risk. Sirvoy disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. Sirvoy is not responsible for damage caused by business interruption, loss of income, consequential damages or other indirect loss or damage.
Sirvoy does not warrant, endorse, guarantee or assume responsibility for any third-party applications, third-party application content, user content, or any other product or service advertised or offered by a third-party on or through Sirvoy’s system or any hyperlinked website. The customer understands and acknowledges that Sirvoy is not responsible or liable for any transaction between the customer and third-party providers of third party applications or products or services advertised on or through Sirvoy’s system.
Usage of Sirvoy’s Channel Manager
The customer is responsible at all times to verify that room types are mapped correctly, and that bookings, rates and availability are updated correctly to and from booking channels. Sirvoy is not responsible for any loss of income or costs incurred by incorrect information being published to booking channels.
The customer understands that there is an inevitable risk of overbooking if a certain room is offered through multiple booking channels simultaneously, and the customer accepts full responsibility. Any overbookings or issues must promptly be handled and solved by the customer in cooperation with the booking channel.
Privacy and Data Protection
Sirvoy processes the customer data only for the customer and not for its own, non-relevant purposes. All information obtained about the customer is kept confidential by Sirvoy and will not knowingly be disclosed to third parties. Sirvoy has taken all the reasonable precautions necessary to prevent that the system information by error or illegal action is destroyed, lost or accessed by any unauthorized party or abused.
Any dispute regarding these terms and conditions shall be entered in Irish court.