1. Content of Material and Services We Own
All material and services available on the Site, and all material and services provided by or through Hotelgenius, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, among other things, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned exclusively by us or other parties that have acquired license for their material or provided services to us, and are protected by law and more specifically by copyright, trademark, trade secret and other intellectual property laws.
All Hotelgenius trademarks and service marks, logos, slogans and taglines belong and constitute the property of Hotelgenius. All other trademarks, service marks, logos, slogans and taglines belong exclusively and constitute the property of their respective owners. Except as otherwise specifically provided herein, nothing should be misinterpreted and considered as granting any kind of license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Hotelgenius without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
2. Rights of Hotelgenius
Subject to this Agreement, Hotelgenius hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Hotelgenius (“User ID”) to a certain extent, and that is up to the pointto provide you access and in order to use the Services in accordance with the terms and the conditions of this Agreement. This license by no means gives you the permission, and you agree not to: store, copy, reproduce, republish, modify, upload, post, share, translate, reveal, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any other way the Materials apart from the way is specifically permitted in this Agreement. You are not allowed to sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than those specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is strictly prohibited. We reserve all rights not expressly granted in this Agreement.
We are bound to provide you one User ID for each account held by you permitting you access to the Materials through the Site. You agree to fully,truthfully and accurately provide the information requested by us when setting up your accounts and you are obliged to regularly update such information. In case you refuse or fail to do so for any reason, this may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are fully aware of and have agreed in writing to comply with the terms of this Agreement.
Part of the Services, is also to provide you with a sample website (theme) which would be populated with sample content provided by us to illustrate how your final site might look (“Sample Content”). By the present agreement you agree that you will not publish in any way this Sample Content and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.
3. What we need you to provide to us
Hotelgenius is not responsible for your Content as you are exclusively and legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). You hereby grant Hotelgenius a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You have full responsibility for any Content that may be lost or unrecoverable through your use of the Services and that is the reason you are encouraged to file your Content in regular basis.
4. Our Right to Monitor What You Provide Us
Hotelgenius reserves the right, but has no obligation to monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Hotelgenius or its customers, or operate the Services properly. Hotelgenius, in its sole discretion, reserves the right to refuse to post, remove, or require you to remove, any Content, in whole or in part, if considered to be offensive,unethical, inappropriate, or in breach of this Agreement.
Hotelgenius may, in its discretion, also ask you to place all or any portion of the Content behind password protection. If Hotelgenius has requested Content be placed or has placed Content behind password protection, you are not allowed to publish the password or similar information in any way that limits the effectiveness of the password. If Hotelgenius requests that you place any Content behind password protection and you fail to do so promptly, Hotelgenius reserves the rightto (a) place such Content behind password protection itself, or even (b) immediately terminate this Agreement.
5. Our Right to Obtain Access to Other Accounts and Services
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts that means that you automatically agree that you have read through all contracts and written agreements governing such access, login information and passwords and that you have all the required contractual and legal rights to give us such access, login information and passwords.
6. Your Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not considered confidential and you hereby grant us a worldwide, permanent, irreversible, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
7. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent who deals with copyright complaints. Please read carefully our Copyright Complaint Policy for further information.
8. Rules and Regulations
You fully agree to all of the following:
- You hereby certify that you are over 18 years old.
- You will ensure the email address provided in your account registration is valid at all times and will keep your contact information truthful, accurate and up-to-date.
- You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, such as fraud, embezzlement, money laundering or insider trading.
- You will not use the Services or Materials to present yourself as another person.
- You will never imply or state, directly or indirectly, that you are associated with or authorized by Hotelgenius without our express written permission.
- You are not allowed to send unsolicited messages (also known as junk mail or SPAM) in order to promote any website published on the Site.
- You are not allowed to upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Hotelgenius user to access the Services.
- You are not allowed to access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- You are not allowed to send messages using the Services which do not correctly identify the sender and you are not allowed to alter the attribution of origin in electronic mail messages or postings.
- You are not allowed to share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You are not allowed to attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Hotelgenius.
- You are not allowed to attempt to or actually override any security component included in or underlying the Materials or Services.
- You are not allowed to attempt or take part in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Hotelgenius’s infrastructure.
- You are not allowed to publish Content, or links to Content, that is:
- Pornographic, sexually explicit, or violent.
- Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
- Reasonably is very likely to cause harm, or that could be reasonably considered as slanderous or libelous.
- Breaches another’s privacy.
- You are not allowed to publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
- You should verify that your country of residence is the same as your billing address.
Hotelgenius unilaterally may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users are very likely to be permanently restricted from holding an account or using the Services. If Hotelgenius reasonably determines that your account is being used for illegal purposes or fraudulent activity, then your account will be immediately terminated and your financial data erased. We also reserve the right to report you to law enforcement officials in the appropriate jurisdictions.
You may agree to a one (1) month or twelve (12) month contract agreement with Hotelgenius.
After the end of the trial period the system will charge you for the following 30 days of usage (monthly plans) or the following year (yearly plan). The system will always charge you prior the period of usage. In case of cancellation before the end of usage period, your account will be active until the indicated date of cancellation according to your date of subscription.
You can choose to upgrade or downgrade your service agreement to any other contract agreement that Hotelgenius is currently offering for sale at any time during your contract term. In the event of a contract downgrade, it would be valid from the following subscription fee period.
At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Hotelgenius’s support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done ten (10) days prior to the end of the contract term to allow for adequate processing time.
Only Services and features clearly indicated as “free” or “no charge” are free or without charge. Hotelgenius is not responsible to provide free support for you in the use and operation of Hotelgenius. All other applications, features, functionality and support provided by Hotelgenius and its partners are provided for the fees described for each service on the Site (“Pricing”) and you are liable for such Fees.
If you registered for a trial use of the Services (“Trial Period”), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you omit to purchase the Services by the end of the Trial Period, your Content will no longer be available to you. In more detail, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period.
If you purchase any Services that we offer for a Fee, you agree to Hotelgenius, or our third party service providers, to store your payment card information. By this way you expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. In case the payment card you provide expires and you do not provide new payment card information, we have the right to stop providing our Services and therefore terminate this Agreement.
10. Commission Based Model terms
- The duration of the commission based model contract is for a year minimum. If the client wishes to terminate the agreement prior to the completion of the contract period, he is required to inform the company in writing at least 30 days prior to the termination date. The service will be charged in full as penalty based on the current pricing policy of the company as shown at the WEB page regarding annual charges without any offers or reductions and regardless the usage period. The same applies in case of cancelling – replacing a Hotelgenius product and/or replacing it with a third party one.
- The commission percentages are fixed on 3% and 5% depending on the package you choose to purchase with Hotelgenius and applies on confirmed bookings.
- Commission is calculated on the gross amount basis.
- Until the 6th day of each month, or within 6 working days from the beginning of each month, you will receive a reservations report regarding the stay production, as it emerges from the departures of the confirmed bookings of the previous month.
- Hotelgenius applies commission charges on reservations with status:
a) Confirmed and b) Non-Refundable
- Reconciliation Process is as follows;
Step 1: Review your hotel’s production and fill in actual reservation status in column labeled as “Hotel Remarks” on attached report. Status should be determined as: a) Confirmed, for reservations that have been actualized b) Modified, for reservations that altered the check-in or the check-out dates (for modified reservations, please advise with the new check-in and check-out dates), or c) Cancelled without payment, for reservations that although booked as Prepayed or Non Refundable, where refunded.
Step 2: Return the Reservations Report with your Remarks, within three (3) working days in order to proceed to the invoicing. IMPORTANT NOTE: Once the reconciliation period has passed, the invoice will be issued and cannot be altered.
- Commission is not charged and, consequently, no fees, on cancelled bookings that have no cancellation fees. On the contrary, if the company charges with cancellation fees, the commission will be calculated on the cancellation fees basis.
- If a reservation is a “no show”, you pay commission only on the amount you will charge for the “no show”
- In any case the commission is agreed at 3% or 5% calculated on every gross amount your Hotel shall receive form the client either as confirmed booking or as cancelation fees or as “non show” charges.
- The fee of Hotelgenius is calculated as explained above and includes VAT.
- The set up cost is mandatory when selecting the commission model of Hotelgenius.
- Once the charge is made, no refunds will be possible.
- The company is liable for any damages the client will suffer for the malfunction of Hotelgenius platform up to the amount that the client has paid to Hotelgenius for the use of the service and under any circumstances will not exceed the annual cost as shown at the official pricing list.
You are fully responsible for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Except for collecting EU VAT and remitting it to the EU, Hotelgenius shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. In cases of purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect report and remit the correct amounts to the appropriate authority. It is worth noting that any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. VAT is charged where applicable.
12. Inaccurate Information, Data Errors
You are solely responsible for the accuracy and appropriateness of all data and content within your website; that includes sales tax calculations, product pricing, and product descriptions, shipping charges, contact information, email communications, and electronic payment processing. Hotelgenius will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. Hotelgenius is not obliged to maintain copies of files or documents that are sent by you and that you are solely responsible for backing up this data.
13. Conditions of Termination
- Services may be terminated unilaterally by us, without cause, at any time.
- Services may be terminated unilaterally by you, without cause, by following the cancellation procedures set forth in Section 9(c).
- Hotelgenius reserves the right to terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms mentioned on this Agreement or the intellectual property protections applicable to these Services.
- Notice of termination of Services by Hotelgenius may be sent to the contact e-mail associated with your account. Upon termination, Hotelgenius has the right to delete all data, files, or other information that is stored in your account.
14. Third Party Websites; Third Party Services; No Implied Endorsement
The Site may contain links to other web sites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You may also have the ability through the Site to login to accounts that you have for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to your Hotelgenius account. Hotelgenius is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Hotelgenius account.
It is more than obvious that we shall not be responsible for any loss or damage of any kind incurred because you used any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. Under no circumstances shall any reference on the Site to any third party, third party website or third party product or service be misinterpreted and considered as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
15. No Obligation For Warranty
The site, services and materials are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law, hotelgenius and its licensors disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantibility, fitness for a particular purpose and non-infringement.
Without limiting the foregoing, neither hotelgenius nor its licensors warrant that access to the site, the materials and/or the services available on or through the site will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does hotelgenius or its licensors make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services, the materials or the site. You expressly agree that your use of the site and your reliance upon the services and/or the materials is at your one and only risk. In addition, hotelgenius is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through the site to anyone.
Furthermore, you acknowledge and agree that any data, information, content or materials contained in or made available in connection with the services is not intended as a substitute for, the knowledge, expertise, skill and judgment tax, legal or other professionals. You are solely responsible for obtaining tax or legal advice as the services do not provide such advice.
Additionally, hotelgenius and its licensors make no representation or warranties that the services or the materials or the site are appropriate or available for use in all geographic locations. If you use the site, the services or the materials outside the e.u., you are exclusively responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Neither hotelgenius nor any third party providers, partners or affiliates warrant that the site,its servers the materials or the services or any e-mail sent from the site or any third party providers, partners or affiliates are free of viruses or other harmful components.
This agreement applies solely to the site. As part of the services provided to other hotelgenius users, we host websites for certain third parties (“third party sites”). Third party sites include content generated by third parties and are not under the management and control of hotelgenius. Hotelgenius is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, precission, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the terms applicable to such third party site. The hosting of any third party site by hotelgenius does not also imply an endorsement thereof by hotelgenius, or of the provider of such content or services, of any third party site.
16. Liability Limitation
It should be stressed that we are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the services, the materials, your content, the commercial products or any third party user generated content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, misconduct or otherwise, even if hotelgenius has been advised of the possibility of such damages.
You hereby release hotelgenius and hold hotelgenius and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, your content, commercial products or any third party user generated content available on or throughthe site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
17. Exclusive Remedy
You agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall hotelgenius, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, your content, the commercial products or any third party user generated content availbale on or through the site.
18. Conditions of Termination/Exclusion
We reverse the right toalter, replace, refuse access to, suspend or cease the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to the conditions of this Agreement. In order to avoid any doubts, Hotelgenius has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
You agree to indemnify, hold harmless, and defend Hotelgenius and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services.
This includes, but not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the full written consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we are obliged to post a notice on the Site that we have changed this Agreement. If you have a Hotelgenius account, we may (but we are not required to) provide you with notice via the email address that we have on file for you that we have changed this Agreement. However, is common knowledge that sometimes there are issues with email communication. In that aspect we do not have any responsibility if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we advise you to frequently visit this page and to monitor occasionally any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
In case in the future we offer new services and/or features through Site (including the release of new tools and resources) it is clear that such new features and/or services shall be subject to the terms and conditions of this Agreement.
The structure, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the laws of GREECE. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts of GREECE, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
23. Supplementary Notes
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Hotelgenius as will be irreparable, the exact amount of which would be impossible to be determined and for which there will be no adequate remedy at law. Accordingly, you agree that Hotelgenius shall be entitled, if it is considered appropriate, to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Hotelgenius in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Under no circumstances shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Hotelgenius, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
With this agreement, you give the Company the right to use screenshots and refer to the Client’s website on the Company’s website or wherever needed.
24. Obligatory Terms to be Posted on Your Site
You agree to indemnify and hold harmless Hotelgenius and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
25. Final Provisions
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must necessarily be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- This Agreement does not confer any third party beneficiary rights or privileges.
- A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.