BookingDirection is a technology that works on hotels’ websites and increases direct bookings. In a nutshell, we help your hotel earn more by increasing the percentage of website shoppers booking directly on the hotel’s website and reducing commission payout to OTAs (the “Service“).
2. Acceptance of the Terms
2.2. If You do not agree to the Terms, do not access the Application or use the Service. The Terms may be revised and updated from time to time, with or without notice. We shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. We urge You to check the Last Revised date which appears at the bottom of the Terms. You can review the most current version of the Terms at any time here.
3. The Service
3.1. The Application is a technology that works on hotels’ websites and increases direct bookings. In a nutshell, we help your hotel earn more by increasing the percentage of website shoppers booking directly on the hotel’s website and reducing commission payout to OTAs.
3.2. We reserve the right to modify or discontinue, temporarily or permanently, the Application and/or Service, with or without notice. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Application and/or Service.
4. Third Parties’ Sites
4.1. You hereby acknowledge that Our Application and Service constitute merely a booking encouraging tool and We do not have any control over the final booking and purchase, as such would be determined upon the applicable Provider’s sole and exclusive discretion. The booking shall be executed through the Providers’ website and shall be subject to the Providers’ approval and payment procedures. The Provider may, at any time, in its sole discretion or pursuant to other users’ request, change the booking arrangements and We have no control, nor would We be liable in any manner for such change. In addition, at any point, even after you have indicated your choice of booking, changes may be performed to the booking arrangements, whether by the applicable Provider, or by any other authorized third party.
4.2. Certain features provided through the Application may link to other non-BookingDirection applications or sites, including, inter alia, the Related Parties’ sites (“Third Party Sites“). Those links to Third Party Sites are either provided by Us, shared by any other user or added by You.
4.3. You hereby acknowledge that such Third Party Sites are independent sites, and that We have no control over such sites. You further acknowledge and agree that We are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any services, content, advertisements, products, or any materials on or available from said sites.
4.4. You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites or Providers’ sites.
4.6. If You do encounter any unlawful Third Party Site or Providers site, You may wish to report such site to Us using the following address: support@BookingDirection.com. We will examine Your report within a reasonable timeframe, but We cannot commit to removing any such links.
5. Use Restrictions
5.1. While using Our Application and/or Service, there are certain types of behaviors which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of the Application and/or Service and may expose You to civil and/or criminal liability.
5.2. You may not, whether by Yourself or anyone on Your behalf:
5.2.1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Application and/or the Service, including but not limited to, other User’s Information;
5.2.2. create a browser, frame, border environment or GUI around the Application and/or the Service;
5.2.3. interfere with or disrupt the operation of the Application and/or the Service, or the servers or networks that host the Application and/or the Service or make the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
5.2.4. interfere with or violate other users’ rights to privacy and other rights, or harvest or collect data and information about users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Application and/or Service and/or retrieve index and/or data-mine information;
5.2.5. impersonate any person or entity or provide false or misleading personal information;
5.2.6. transmit or otherwise make available through or in connection with the Application and/or Service any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
5.2.7. use the Application and/or Service or other User’s Information for any illegal, unlawful or unauthorized purposes;
5.2.8. use the Application, the Service and/or other User’s Information for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.
5.2.9. use the Application, the Service and/or other User’s Information for purposes of harassment, stalking, scorning, provocation, acts of terrorism, violence or any other purpose which may endanger other users.
6. Representations and Warranties by the User
6.1. As a condition to Your use of this Application and/or Service, You hereby represent and warrant that:
6.1.2. You are financially responsible for Your use of this Application and/or Service;
6.1.3. You will safeguard Your User’s information and will supervise and be responsible for any use of the Application and/or Service by anyone other than You;
6.1.5. You are using the Application and/or Service solely for Your own use as indicated by You; You genuinely intend to make a booking for such journey, service or venue, as applicable; the information provided by You, including Your representations regarding the purposes for which You are using the Application and Services, consist of honest and true representations ; and You shall not intentionally mislead Us or other users regarding the purposes of Your use of the Application and/or Service; and
6.1.6. Your use of the Application and/or Service has not been previously suspended, nor Your access to the Application and/or Service has been previously blocked by Us.
7.1. We respect Your privacy and are committed to protect the information You share with Us. We also believe that You have a right to know Our practices regarding the information We collect when You use the Service.
8. Intellectual Property Rights
8.1. The Application and the Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property“), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Application and/or Service, including without limitation, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties
8.2. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property.
“BookingDirection”, Our logo and other commercial identifiers We use in connection with the Application and Service are all trademarks and/or trade names of Ours or of our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
10. Commercial Advertisements
We may integrate commercials and advertisements, in the Application and Service. All the information contained in such commercials and advertisements belong solely to Us or Our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.
11. Disclaimer and Warranties
11.1. THE APPLICATION AND/OR THE SERVICE IS AT ITS BETA STAGE AND PROVIDED HERE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.2. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APPLICATION AND THE SERVICE, AT ANY TIME.
11.3. WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE SERVICE OR OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE APPLICATION AND SERVICE.
12. Limitation of Liability
THE USE OF THE APPLICATION AND/OR SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE APPLICATION AND/OR THE SERVICE, ANY USE OF OTHER USERS OF YOUR USER’S INFORMATION, ANY CHANGE IN THE SEATING ARRANGEMENTS WHETHER OF YOUR SEAT OR OF ANY OTHER SEAT IN THE MODE OF TRANSPORT, SERVICE OR VENUE, AS APPLICABLE, OR THE USE OR INABILITY TO USE THE APPLICATION AND/OR SERVICE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
You agree to defend, indemnify and hold Us harmless, Our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Application and/or Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application and/or the Service. This defense and indemnification obligation will survive these Terms.
14.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
14.2. Any claim relating to the Application and the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
14.3. Any dispute arising out of or related to your use of the Application and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
14.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
14.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
14.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
If You feel that any of Your personal rights has been compromised on the Service, or the Application please contact Us at: firstname.lastname@example.org and We will exert Our best efforts to handle Your complaint.
For information or questions contact:
SeatID Ltd. DBA BookingDirection
1 Hanagar st. Hod Hasharon, Israel
Last Revised: February 19, 2015