This website www.househotels.com (“Website”) is owned and operated by Kerten Unlimited Company (“Kerten”) a company registered under the laws of Ireland (“Ireland”) with an address of 13-18 City Quay, Dublin 2, DO2 ED70, Ireland.
Please read these terms of use (“Terms of Use”) before using the Website. By accessing, using or downloading material from the Website, you agree to be bound by these Terms of Use and you are entering into a binding agreement with the Company and each of its affiliates and subsidiaries (“Kerten”) and the hotels, residences and other properties operated by us (each a “Hotel” and collectively “Hotels”). If you do not agree to these Terms of Use, please do not use this Website.
The use of “we” or “us” refers to the Company, Kerten and the Hotels. The use of you or your refers to you the party accessing and using this Website.
1. WEBSITE
The Website allows you to access the reservation services of the Hotels and also provides marketing and promotional information about products, services and activities on offer by Kerten and the Hotels.
You confirm that you are of sufficient age to lawfully use the Website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of your use of the Website. The Website is not intended for and should not be used by minors. If you are under the age of eighteen (18) or unable to form legally binding contracts under applicable law, you may contact a Hotel directly for assistance.
If you are agreeing to these Terms of Use on behalf of someone else (your employer for example), then you are warranting to us that you have full legal authority to bind that third party.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use without notice other than by posting amended terms to the Website. Your continued use of the Website following such change constitutes your acceptance of the new Terms of Use. You should check these Terms of Use for any changes each time you access the Website.
When you use send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
These Terms of Use refer to the following additional terms which shall also apply to your use of the Website:
2. ACCOUNT
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Website by you and/or by anyone using your account information.
3. RESERVATIONS
By using this Website to make reservations with a Hotel, you agree to be bound by all of such Hotel’s standard terms and conditions and by any other policies, terms and conditions that may apply.
You may only make reservations through this Website for yourself and your invited guests or for an individual for whom you are authorized in advance to act. The Hotel reserves the right to require proper proof of identity (e.g. passports or national identity cards) from all persons checking in. The Hotel has the absolute discretion to refuse to check in if the identity does not match with the person mentioned in your reservation or if anyone refuses to provide the requisite proof of identity to the Hotel.
You are prohibited from using this Website for the purposes of reselling, posting, advertising or marketing reservations (whether online or otherwise) to third parties including online agents, third-party owned websites, or travel agents, or making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or in an attempt to circumvent Kerten or the Hotel practices, policies, terms or conditions.
You may not use this Website to make reservations related to any commercial activity (unless specifically permitted by the Hotel) or any unlawful activity.
We reserve the right to cancel or modify at our sole discretion any reservations that have been made in breach of the Terms of Use or for false, fraudulent or unauthorized purposes.
At certain times or on certain dates, reservations at a Hotel may require a minimum length of stay, and that may affect whether a Hotel appears to have availability.
Certain rates are offered only to members of a designated or qualified group. If you qualify for the rate, you may be required to establish that at the time of reservation or check-in. If you fail to do so, we reserve the right to cancel your reservation and/or charge the publicly available rate for your stay.
4. CANCELLATION POLICY
All reservations are subject to the cancellation policy of the Hotel where the stay will occur. Please review the applicable cancellation policy during the reservation process.
5. CURRENCY AND CREDIT CARD INFORMATION
All reservations must be guaranteed with a valid major credit or debit card, or an alternative Hotel-approved form of payment, such as an advance deposit. No payment will be deducted from your credit/ debit card at the time of reservation unless it is for prepayment or advance purchase.
The collection of your credit/ debit card details is subject to our Privacy Policy. It is your responsibility to update your credit/ debit card details on your account. If your credit/ debit card is invalid or has expired, you will not be able to complete your reservation or purchases. The storage of credit card information on the Website (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features on the Website.
By providing your credit/ debit card information, you represent and warrant that (i) you are legally authorized to use the credit/ debit card you provided; (ii) you authorize us to charge you in full for all charges incurred by you and your guests (if applicable) or charged to your account for all products and services purchased by you and any damage or loss caused by you and your guests during your stay (including, without limitation, damage to the Hotel’s property); (iii) you authorize us to charge you in full the prepayment or advance purchase at the time of reservation; and (iv) you authorize us to charge any cancellation charges to your credit/ debit card.
You will be charged in the currency as identified on the Website for the Hotel. If you choose to display a rate on the Website in a currency other than the currency identified on the Website for the Hotel, the Hotel currency rate is converted for comparison purposes only using a regularly updated exchange rate. All payments made by you are subject to your respective bank’s charges for foreign transaction fees, where applicable. Additional foreign exchange fees may also apply if any other currency, which is not from your originating issued card’s country, is selected to be charged.
Certain Hotels operate in a currency other than the Hotel currency. Those Hotels convert the Hotel currency rate to such other currency, using the Hotel’s exchange rate, at the time you are charged. For example, a Hotel may show a Hotel currency on the Website of U.S. Dollars even though the Hotel may operate in a different currency. In such a situation, the Hotel would convert the applicable amount from U.S. Dollars to the currency in which it operates using the Hotel’s exchange rate, and you would be charged the converted amount.
Please contact us or the applicable Hotel for additional information regarding currencies and exchange rates used at our Hotels.
6. COMPANY ERRORS AND RIGHT TO CANCEL
The Website may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Website, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. We assume no responsibility or liability for such errors, inaccuracies, or omissions. We shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. We shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
7. PROMOTIONAL INFORMATION
The Website may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if booked via the Website, these Terms of Use. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. We reserve the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
8. VALUABLES
You are advised not to bring expensive jewelry, precious goods or excessive amounts of cash onto the Hotel premises and you do so at your own risk. While Hotels provide reasonable security, Hotels are not designed as high security areas for the safekeeping of expensive jewelry, precious goods or large sums of cash. Please ensure that all items of value are always stored securely and not left unattended. Safety deposit boxes are available for your use. To the extent permissible by law, we will not be liable for any loss of or damage to any property brought onto the Hotel premises. In the event that we are found to be liable for any such loss or damage, we shall not be liable for such loss and damage to an amount exceeding the statutory limitation available under the applicable local laws and regulations or €1,000, whichever is the lesser.
9. INTELLECTUAL PROPERTY RIGHTS
The Website contains information, including, without limitation, all text, graphics, photographs, graphs, designs, sounds, data, images, audio, video, page layouts and headers, software (including HTML and other scripts), buttons, and other icons, trademarks and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by the Company.
You acknowledge and agree that Company and/or its licensors own all Information and Intellectual Property Rights in the Website. Except as expressly stated herein, this agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website. To the extent that any modifications or improvements to the Website are carried out, all Intellectual Property Rights in such improvement or modifications shall be assigned to and shall vest with and be solely owned by Company and/or its licensors. You must not use any part of the Information on our Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
For the avoidance of doubt, any comments, suggestions, ideas, or feedback concerning the Website or any of the services made available to you on the Website or the Hotels are not confidential communications, and Company shall be free to use, reproduce, publish, distribute, and disclose such communications without restriction. You irrevocably assign to us all right, title and interest in and to such communications and agree to provide us with any assistance we may require to document, amend and maintain our rights therein.
“Intellectual Property” means patents, trade marks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software), secret formulae and processes, other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” shall be construed accordingly).
10. RESTRICTIONS AND PROHIBITED USES
The Website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute, reproduce, modify or create derivative works in any way of the Website and Information or any part thereof.
The Information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Website or to facilitate unfair competition with the Website, or for any purpose that is inappropriate or unlawful under Irish law and international law.
Furthermore, except as expressly permitted in these terms, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Information; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Information for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; or (ix) violate export laws, including, without limitation, engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to use the Website for lawful purposes only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You agree not to post or transmit any information through the Website or associated websites which (a) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Website or Information.
11. DISCLAIMER
All reasonable efforts have been made to ensure the accuracy of the content and materials displayed on the Website. We regularly review the Website and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this Website.
However you acknowledge and agree that no warranties of any kind are made with respect to the Website or Information and you acknowledge that the Website and Information are provided to you on an “as is, with all faults” basis. All warranties, conditions and other terms either express or implied including but not limited to warranties of title, non-infringement, merchantability, fitness for purpose or arising from course of dealing or usage of trade are, to the fullest extent permitted by law, excluded from these Terms of Use. You accept all risk and responsibility for your use of the Website, including the submission of any personal information and credit/ debit card information. No warranty is made that the Website will meet your requirements.
The Information is for general information only and nothing in the Website contains professional advice or any binding commitment upon us in relation to the accuracy, reliability or availability of the products and services on offer or provided by us. All images on this Website were correct at the time they were produced and are intended only to give a general impression of the Hotels, their features, facilities and services. The climatic or environmental conditions depicted in the images are those prevailing at the time these images were created and may not represent actual conditions at any location at any given time. These images should not be construed as representations of any kind and are not intended to form part of any contract or warranty and no person may rely on them for any such purpose.
We do not guarantee, represent or warrant that your use of the Website will be uninterrupted or error-free. The Website may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. You agree that we are not responsible for any malfunctions, failures or the security of any communications entered by you on the Website. To the full extent permitted by law, we shall not be responsible for injury, loss or damage to your device(s), or interception, use or disclosure of confidential information (such as credit/ debit card information or other personally identifiable information), arising out of your use of the Website or any sites linked or associated with the Website.
We are not responsible or liable for any malicious or unauthorized code or virus and you are solely responsible for ensuring you have appropriate scanning and protective software for the security of your devices and information.
We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons without notice.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only and/or as a convenience to you. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Company is not in any way responsible for any such use by you.
We reserve the right in our sole discretion (acting reasonably) and at any time to block your access to the Website for any reason including, without limitation if you have failed to comply with these Terms of Use. Any restriction on access shall not affect your obligations to us under these Terms of Use and shall be without prejudice to any accrued rights of either party.
12. INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold the Company, affiliates, subsidiaries, officers, employees, agents and partners harmless from any losses, liabilities, costs, claims or demands, (including any reasonable professional and legal fees incurred in connection therewith), due to or arising out of or in connection with your use of the Website, breach of these Terms of Use or violation of laws or third party rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY COMPANY AFFILIATE, SUBSIDIARY, AGENT, REPRESENTATIVE, HOTEL OWNER, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOUR OR ANY OTHER FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY INFORMATION ON THE WEBSITE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, HOTEL OWNERS, LICENSORS, AND LICENSEES ARISING OUT OF YOUR USE OF THE SITE OR ANY INFORMATION ON THE SITE.
NOTWITHSTANDING THE ABOVE, AND TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT IN THE EVENT WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR SERVICES FROM US. WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTIES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability that cannot be excluded or limited under applicable law.
13. PRIVACY AND CONFIDENTIALITY
We are committed to protecting the privacy, confidentiality and security of the personal data you provide to us or that we otherwise collect about you when you use this Website. Company’s Privacy Policy shall apply in respect of any personal data it may process. Your continued use of and access to this Website constitutes your acceptance of our Privacy Policy.
Each party agrees and undertakes that it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, all information of a confidential nature (including, without limitation, information relating to a party’s products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (“Confidential Information”), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of these Terms of Use or subsequently comes lawfully into the possession of that party from a third party.
To the extent necessary to implement the provisions of these Terms of Use, each party may disclose Confidential Information to those of its employees as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those employees aware of its obligations of confidentiality under these Terms of Use and shall at all times procure compliance by those employees with them.
14. GENERAL
The failure or delay by a party to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
If any provision (or part of a provision) of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Unless otherwise expressly provided, no provision of these Terms of Use is intended or shall be construed to confer upon or give to any person or entity other than Company and you any rights, remedies or other benefits under or by reason of these Terms of Use
The headings used in these Terms of Use are for convenience only and shall not affect the meaning or scope of these Terms of Use or otherwise be given other legal effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Use or your use of this Website.
These Terms of Use and any dispute arising out of or related to the Terms of Use or use of the Website shall be governed by and construed in accordance with the laws of Ireland. You hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these Terms of Use and/or services and for such purposes irrevocably submits to the jurisdiction of such courts.
If you have any questions or concerns regarding the Website, please contact us at legal@kertenhospitality.com. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Website or e-mail is transmitted on a non-confidential basis.
