HotelHelp – Terms & Conditions for Hotels
You should carefully review these Terms & Conditions prior to accepting these and becoming a Donor Hotel in the HotelHelp program (the “Program”).
By accepting these Terms & Conditions, You represent and warrant that You are a legally authorized representative of the Hotel and that You have the authority to engage the Hotel with regards to the benefits and obligations described in these Terms & Conditions.
HotelSwaps LTD is a limited liability company incorporated in England & Wales under registration number 9042589 and with registered address of 243 Kings Road, London SW3 5EL, United Kingdom ("HotelSwaps"), who owns and operates the Program.
By accepting these Terms & Conditions, the Hotel enters into a contract with HotelSwaps for participation as a Donor Hotel in the Program as described below.
DEFINITIONS
“Affiliation” means the contractual relationship between a Donor Hotel and HotelSwaps for the use of the Program.
"Care Provider" means an aid organization, charity or NGOs selected by the advisory board of the Program who will be given access to the Program's reservation system so they can book Reservations on behalf of Guests. The current list of Care Providers can be found on the Website.
“Deposit” means a Donor Hotel advertising a number of Room Nights in its Hotel to Care Providers for their immediate Reservations of any or all of the Room Nights included in such Deposit.
"Donor Hotel" means a Hotel that has a current Affiliation.
“Guest” means a person who has been identified as a victim or survivor by a Care Provider in line with its publicly stated objectives and for whom the Care Provider has booked a Reservation.
“Hotel” means a property or a grouping of properties composed of rooms, apartments, villas or lodges, which is licensed as a hotel, hotel apartment or other accommodation offering under its local regulations.
“Hotel Information” means the collection of data, photographs and Intellectual Property provided to HotelSwaps by the Donor Hotel at the time of Affiliation and changed by the Donor Hotel from time to time on the Website.
“HotelHelp Manager” means the Hotel owner or owner’s representative with delegated rights to contract with HotelSwaps on behalf of the Donor Hotel.
“HotelHelp User” means the HotelHelp Manager or an appointed representative of the HotelHelp Manager with delegated rights to Deposit, accept Reservation Requests, update Hotel Information, and receive communication related to the Affiliation of a Donor Hotel.
“Intellectual Property” means any intellectual property including any trademarks, company names, logos, domain names, pictures, copyrights, database rights and all rights having an equivalent or similar nature or effect.
“Reservation” means a booking of one or more Room Nights done by a Care Provider on behalf of a Guest and offered free of charge by the Donor Hotel.
“Reservation Request” means a request expressed by a Care Provider for one or more Room Nights at a specific Donor Hotel, which are not immediately available as a Deposit on the Website.
“Room Night” means an overnight accommodation offered free of charge by Donor Hotel in a hotel room with right to access the same facilities and at the same conditions as applied to any other hotel guest of the Donor Hotel.
“Website” means www.hotel-help.org and all Intellectual Property related hereto.
AFFILIATION
Hotel Information. The Donor Hotel shall at the time of its Affiliation provide HotelSwaps with Hotel Information related to the Donor Hotel, of which the Donor Hotel grants the right to HotelSwaps to display on the Website and other communication materials related to the Program. The Donor Hotel represents and warrants that the Donor Hotel owns, or has licensed, or has copyrights to the Hotel Information as may be required for the reproduction and use of such by HotelSwaps. The Donor Hotel agrees to indemnify and hold HotelSwaps harmless from any liability or expense caused by HotelSwaps’ reproduction of such Hotel Information. The Donor Hotel shall keep the Hotel Information on the Website up to date and correct at all times.
Affiliation approval. To ensure a high quality of Donor Hotels and to match the number of Donor Hotels with the location and demand of Care Providers, HotelSwaps shall have the right to accept or decline any Affiliation at its sole discretion.
Selection of Care Providers. Donor Hotels will at the time of Affiliation be able to select from the full list of Care Providers available in the Program, the ones they prefer to support with Reservations. Only Care Providers selected by the Donor Hotel will be able to book Reservations at the specific Donor Hotel. Donor Hotels can at any point in time change the selection of Care Providers it supports on the Website.
HotelHelp Users. Upon Affiliation, each HotelHelp Manager can on an optional basis appoint one or more HotelHelp Users. The HotelHelp Manager can at any time change the HotelHelp Users on the Website. The HotelHelp Users will be issued a separate user-id and password to the Website. In case the HotelHelp Manager does not appoint a separate HotelHelp User, the Hotel Manager shall act as HotelHelp User.
ROOM NIGHT DEPOSITS
Deposit of Room Nights. By providing a Deposit of Room Nights to the Program, the Donor Hotel agrees that such Room Nights will be offered to Care Providers for an immediate and unconditional Reservation. When a Care Provider books a Reservation in Room Nights included in a Deposit, the Donor Hotel shall receive a Reservation confirmation by email.
Room type. All Deposits shall be for standard hotel rooms with maximum occupancy as stated in the Hotel Information.
Return of Room Nights. At any point in time, a Donor Hotel can remove any or all of its Deposited Room Nights from the Program, provided that no Reservation has already been made in such Room Nights.
RESERVATIONS
Availability search. Care Providers can search for Room Nights available for Reservations on the Website.
Reservation confirmation. Care Providers can book any Room Nights available at Donor Hotels, which have selected such Care Providers for donations, on a first come first serve basis. Each Reservation shall be followed by an email notification from the Program to the Care Provider and the Donor Hotel's HotelHelp Users confirming that such Room Nights have been reserved for the use by the Guest.
Alias names. Guests booked in Reservations shall be provided with an alias name selected by the Care Provider and the Reservation confirmation email shall list such alias name. Guests will be using their alias name at the time of check-in at the Donor Hotel.
Reservation Request. In case a Care Provider does not find the desired availability of Room Nights on the Website, the Care Provider may issue a Reservation Request at any Donor Hotel, which have selected such Care Provider for donations. The Program shall email the HotelHelp Users of the Donor Hotel, with whom a Care Provider has issued a Reservation Request, informing them of the requested Room Nights. HotelHelp Users can at any point in time access the list of Reservation Requests related to their Donor Hotel on the Website and accept or decline any of these. In case a Donor Hotel accepts a Reservation Request on the Website, the Reservation Request becomes a Reservation.
Length of stay. A Care Provider can book Reservations for up to a maximum of 5 (five) Room Nights for each Guest.
Reservation cancellation. A Reservation can be cancelled by Care Providers at any time on the Website and Donor Hotel's HotelHelp Users will be informed of such cancellation by email. In case a Reservation is cancelled, the cancelled Room Nights will be made available for Reservation by other Care Providers.
DURING THE GUEST’S STAY
Use of facilities and services. During the stay of a Guest at a Donor Hotel resulting from a Reservation, the Guest is entitled to use the Donor Hotel’s facilities and services based on the same terms and conditions as any other hotel guest.
Check-in and check-out. All Guests shall comply with the check-in and check-out timings as stated in the Hotel Information.
Guest expenditures during their stay. In case a Guest requests to purchase any optional consumables or services during their stay, the Donor Hotel shall have the right to request a credit card print or other such reasonable deposit from the Guest at the time of check-in. Such expenditures shall be paid by the Guest upon check-out. HotelSwaps has no liability in any way to the Donor Hotel towards any expenditure incurred by a Guest during their stay.
Failure to honor Reservations. If for any reason a Donor Hotel fails to honor a Reservation accepted by them through the Program, the Donor Hotel shall at its own expense secure alternative hotel accommodation for the Guest for the same time period and approximate location as provided for in the original Reservation.
RIGHT TO PUBLICATION OF PARTICIPATION IN THE PROGRAM
Right to publication. In return for donating Reservations free of charge to Care Providers and Guests, Donor Hotels shall have the right to publicize their participation in the Program. Donor Hotels can request the right to publicize the HotelHelp logo on their website and other communication media during the time of their Affiliation. HotelSwaps shall reasonably grant such publication rights following HotelSwaps' review of the use and context of such publication of the HotelHelp logo.
AMENDMENTS TO THE PROGRAM
Changes to the Terms & Conditions. HotelSwaps reserves the right to modify these Terms & Conditions at any time with immediate effect by informing the Donor Hotel by email to the HotelHelp Manager.
Care Provider withdrawl. Any Care Provider may withdraw from the Program or be Terminated by the Program at any time. HotelSwaps can therefore not guarantee the continued availability of any specific Care Provider in the Program.
TERMINATION OF AFFILIATION
Termination. HotelSwaps and the Donor Hotel may terminate the Donor Hotel's Affiliation at any time with or without cause with 30 days’ notice. HotelSwaps may terminate the Donor Hotel’s Affiliation immediately if the Donor Hotel enters into bankruptcy or if required to do so by any competent authority or otherwise by law.
Consequences of termination. In case of termination of an Affiliaition, the Donor Hotel shall honor any Reservations accepted prior to the termination date even if such Reservations are for Room Nights following the termination date. HotelSwaps shall have the right to display the Hotel Information of the terminated Donor Hotel on the Website for thirty (30) days following the last Reservation at such Donor Hotel. On the termination date, all the Donor Hotel's rights against HotelSwaps under this Affiliation and any rights to publication of the HotelHelp logo by the Donor Hotel shall immediately cease.
OTHER
Ownership of Intellectual Property. The Website and all its designs, images, video, text, data, trademarks, logos and other content are the property of HotelSwaps or its Donor Hotels and are protected by international copyright and trademark laws. This includes the names and brands of HotelSwaps and HotelHelp.
Liability Limitation. You agree that HotelSwaps will not be liable to the Donor Hotel or You for any loss, liability, damage, cost or expense of whatever nature and howsoever caused from this Affiliation or from the Donor Hotel's participation in the Program.
Taxes. The Donor Hotel shall be responsible for all taxes and levies resulting from their participation in the Program and agrees to indemnify and hold HotelSwaps harmless from any liability or expense caused by non-payment or non-compliance to any tax regulation by the Donor Hotel.
Force Majeure. If either party is prevented by Force Majeure in the performance of any of its obligations under this Affiliation, it will immediately notify the other party. Either party shall be under no liability to the other party and shall be entitled to delay the performance of their obligations for so long as Force Majeure continues. Force Majeure shall mean any unforeseeable event beyond reasonable control including acts of God, fire, war, riots, terrorist activity, labor disturbances, epidemics, natural disasters, illegality, and nuclear, biological or chemical contamination.
Assignment. HotelSwaps may assign its rights and obligations under this agreement to any other company provided that the essence of the benefits of the Donor Hotel under this Agreement remain unchanged.
Notices. All notices made pursuant to this Agreement shall be deemed to have been given to the Donor Hotel if emailed to the email address of its HotelHelp Manager registered in the Hotel Information on the Website and to HotelSwaps on [email protected].
Governing Law. This Affiliaition is governed by and shall be interpreted in accordance with the laws of the United Kingdom.
Arbitration. For all issues arising by reason of the application or interpretation of this Affiliation, the parties, with express waiver of their own jurisdictions, submit themselves to arbitration before the London Court of International Arbitration for the arbitral procedure of that body, the award of which shall be binding upon the parties.
HotelSwaps LTD. All rights reserved.