Terms & Conditions for Hoteliers
(1) The www.findafamily room.com website, and any mobile application for the website (the “Site”) is owned and operated by Find a Room Ltd, 17 Branby Avenue, East Morton, Keighley BD20 5WG.
(4) If the Hotelier is a company, partnership or other entity, a person who uses this site, and/or agrees to the Hotelier Ts&Cs, on behalf of that Hotelier represents that he/she has the authority to bind the entity to these Hotelier Ts&Cs. (5) Find a Room Ltd does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
(6) Find a Room Ltd may revise these Hotelier Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Hotelier Ts&Cs because they are binding on you.
Hoteliers who violate the Hotelier Ts&Cs may have their access and use of the Site suspended and their Property Listings removed from the Site, at Find a Room Ltd’s discretion.
- The Site is a Venue only
(1) This site is a venue which allows Hoteliers to advertise one or more hotels which can accommodate families. We may also offer tools to allow Hoteliers and Searchers to communicate with each other and to enter into transactions. (2) The Site provides a venue for users to interact, and Find a Room Ltd is not, and does not become, party to any contractual relationship between the Searcher and the Hotelier, and does not mediate between the Searcher and the Hotelier in the event of any dispute arising between them.
- Hotel Listings
Hoteliers can agree with Find a Room Ltd to place on the Site a paid-for advertisement for a specific Hotel (each, a “Listing”). Hoteliers can choose to advertise a Hotel on the site by Annual Subscription.
(1) To purchase an Annual Subscription Listing, the Hotelier must make an order by means of the Site’s online order form and pay Find a Room Ltd the fees for the relevant Listing (“Listing Fees”). The price of an Annual Subscription is specficed on the list of current rates on the Site and will vary depending on the type of subscription level chosen by the Hotelier. By submitting an order form the Hotelier warrants that all of the information they have provided to Find a Room Ltd is accurate and complies with the Hotelier Ts&Cs. (2) Listings sold by Find a Room Ltd run for the full term as selected by the Hotelier on the relevant order form. That term starts on the date that the Hotelier submits the full payment of Listing Fees (the “Purchase Date“) and expires on the last date of the term selected by the Hotelier (the “Listing Term“), unless renewed as provided in sub-paragraph (5) below. For example, if the Purchase Date for an annual Listing Term is July 1st, the Listing would expire on June 30th of the following year (unless renewed as provided below). (3) Note that all Listings paid for with a credit card will have their Listing Term automatically and continuously renewed for the same duration as the initial Listing Term (or by twelve months, if the initial Listing Term was more than twelve months) (each a “Renewed Listing Term”). Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term. The automatic extension of a Listing Term can be deactivated at any time before the end of the initial Listing Term or the then-current Renewed Listing Term by notifying Find a Room Ltd by e mail. To avoid doubt, any such deactivation will only take effect at the end of the initial Listing Term or Renewed Listing Term in which the deactivation occurs. (4) Payments to Find a Room Ltd can be made by direct debit, bank transfer, credit card payment or any other method authorised in advance by Find a Room Ltd. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Hotelier. (5) If a Hotelier purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by Find a Room Ltd, but are only available if applied for by the Hotelier by contacting Find a Room Ltd by e mail during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant Listing has not appeared on the site during the Initial 3 Months; and (ii) the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Hotelier failing to take such steps as Find a Room Ltd may require in relation to the completion of the Listing. (6) If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 3 Months, Find a Room Ltd may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(7) Listing Fees are non refundable in the event that the Hotelier terminates the Agreement or wishes to remove a Listing before the end of the Term of subscription chosen initially. (8) Find a Room Ltd reserves the right to decline to place any Listing that appears, in Find a Room Ltd’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Hotelier Ts & Cs.
- Using the service
(1) Upon registration, an Hotelier is given a user profile in which the data he contributes is recorded and in which all the Hotels offered by that Hotelier are specified (the “Dashboard”). (2) The Dashboard provide various functions which are intended to assist Hoteliers to manage their Hotels through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Find a Room Ltd does not undertake that the Dashboard or its functions will be complete or error-free. (3) Through the Dashboard, the Hotelier has access to Searcher’s Reviews for their Hotels. (4) Searchers may also post their own reviews of Hotels (“Reviews”) on the site. The Hotelier is given the opportunity to view Searcher Reviews, and to respond to them. Please note that Find a Room Ltd does not, and does not realistically have the ability to, verify the accuracy or otherwise of Reviews. The Hotelier’s sole remedy, and Find a Room Ltd’s sole obligation, in the event that an Hotelier disputes any aspect of a Review is to permit the Hotelier to post a response to it. (5) Find a Room Ltd requires all Reviews and responses to conform to content guidelines, and may decline to post any of them that Find a Room Ltd finds does not do so. In the event that any Review or response appears on the site but fails to conform to content guidelines, then without prejudice to any other available remedies, Find a Room Ltd shall be entitled immediately to remove from the site the relevant non-conforming Reviews and responses.
Hoteliers should print a copy of any message which is important – for example a payment receipt or a booking confirmation.
(6) Find a Room Ltd has no responsibility for, or involvement in, the communications between the Hotelier and Searcher.
- Listing Details and Services
1) Find a Room Ltd offers 3 types of subscriptions (Standard, Enhanced and Premium) depending on the desired level of visibility. The different types of subscriptions, their rates and the benefits they offer can be found on the Add Hotel page.
(2) Hotel search results are searched and displayed based on Find a Room Ltd’s sort algorithm.
(3) Find a Room Ltd has implemented the Google Translate service on the site. Hoteliers can use this service free of charge to have their Listings translated. The Hotelier acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Hotelier must review the translation, and correct all inaccuracies in it. Find a Room Ltd does not have any responsibility for the accuracy or otherwise of the Google Translate service. The Hotelier accepts that Google Translate is provided under Google’s terms and conditions of service and the Hotelier should review those terms before using Google Translate.
(4) Find a Room Ltd offers the ability to link Listings to Google Maps. In order to do so, the Hotelier must confirm that the address indicated for the relevant Listing is correct on the Hotelier’s dashboard, and must separately agree to Google’s relevant terms and conditions. The Hotelier accepts that Google Maps is provided under Google’s terms and conditions and Find a Room Ltd will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Hotelier acknowledges and accepts that the Google Maps’ service is not error free and the Hotelier will ensure that the correct location of the Property is shown by Google Maps when using this service.
6. Appearance in Search Results Find a Room Ltd cannot guarantee that your listing will appear in any specific order in search results on a Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, and other factors that Find a Room Ltd may deem important to the user experience from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular Searcher. Find a Room Ltd reserves the right to apply various search algorithms or to use methods to optimize results for particular Searchers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, may not always appear in search results in any particular subscription level or at all. Search results and sort order may appear different on Find a Room Ltd’s mobile application than they appear on the Site. To optimize the search experience for both Hoteliers and Searchers, Find a Room Ltd retains the right to run occasional tests that will be limited in duration but may alter how we display search results and subscription levels.
7. Additional Paid Services Find a Room Ltd makes available, and may from time to time add to or remove, additional paid-for-services that Hoteliers decide to take (“Additional Paid Services”). The Additional Paid Services currently include:
(1) If a Hotelier subscribes to the “Top Destination” service, the Hotel photo linked to the full details page of the Listing will additionally be shown in the rotation list on the Home Page. Note that the regularity with which a Top Destination Listing appears depends upon the number of other property Listings that have bought this additional service; the greater the number of such Listings, the lesser the regularity of their appearance.
(2) More information about Additional Paid Services will be communicated via the Newsletter or available on the Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Hotelier at the time when the Hotelier agrees to take the relevant Additional Paid Service
If Find a Room Ltd determines, or an allegation is made, that:
a. Listings or other content associated with an Hotelier contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;
b. a Hotelier has submitted unsuitable material to, or misused, the site;
c. the Hotelier is in material breach of these Hotelier Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 11 ‘Rights and obligations of the Hotelier’ or clause 12 ‘Prohibitions’) any other obligations owed to Find a Room Ltd, or any Searcher;
d. a Hotelier has been abusive or offensive to any employee or representative of Find a Room Ltd;
e. a Hotelier uses a false identity;
f. Find a Room Ltd’s systems or communications platforms have been otherwise misused; or
g. anything similar to the foregoing has occurred in relation to any of Find a Room Ltd Affiliates,
then Find a Room Ltd shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Hotelier (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of Listing Fees or any other fees or charges paid by the Hotelier.
Note that Find a Room Ltd assumes no duty to investigate complaints.
9. Rights and obligations of Find a Room Ltd
(1) Find a Room Ltd may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
(2) Find a Room Ltd shall use commercially reasonable efforts to ensure that Hotel depictions on the site are as true and accurate a representation as practicable of the photographs of their Hotels that Hoteliers have submitted to Find a Room Ltd. However, Hoteliers acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) Find a Room Ltd reserves the right to apply various algorithms or use other methods to optimize search results for its marketplace.
(4) Find a Room Ltd may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. Find a Room Ltd will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Searchers’ usage is least affected.
- Intellectual Property
(1) Find a Room Ltd is the sole Owner of its site. All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(2) Hoteliers are permitted to download, display or print individual pages of the Site to evidence their agreement with Find a Room Ltd. The relevant file or the relevant printout must clearly bear the text “© Copyright 2016 – Find a Room Ltd – All Rights Reserved”.
- Rights and obligations of the Hotelier
(1) The Hotelier shall submit accurate and truthful particulars about his/her personal identity, payment data, accommodation offered in Listings and other communications using Find a Room Ltd’s systems.
(2) The Hotelier warrants that all of the information provided to Find a Room Ltd is accurate and up-to-date, including, but not limited to any and all representations about any Hotel, its amenities, location and price.
(3) The Hotelier undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with these Hotelier Ts&Cs when drawing up the Listing. The Hotelier shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(4) Hoteliers are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
(5) Photographs included in a Listing should depict the Hotel as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
(6) We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Find a Room Ltd’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.
(7) We may from time to time provide or facilitate services to Hoteliers to create or improve the quality of their listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any Hotel listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Hoteliers are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy.
(8) If any Listing is in breach of these Listings Terms, Find a Room Ltd reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Hotelier in accordance with clause 8 of these Hotelier Ts&Cs.
(9) Hoteliers are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Hoteliers should use a password which is unique to their use of the Site – they must not use the same password as is used for another site or email account. Find a Room Ltd will never ask Hoteliers to disclose this data. If Hoteliers are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Find a Room Ltd of the situation by email. Should any Hoteliers notice that their account is being used by an unauthorised third party, they should immediately report the matter to Find a Room Ltd by email and change their password.
(10) If the Hotelier is VAT registered in the country which is based in an EU member state, it must provide Find a Room Ltd with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies/. Find a Room Ltd will then apply reverse charge mechanism to the Hotelier, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Hotelier’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Hotelier shall provide the valid VAT number immediately, however no later than thirty (30) days after registration. If the VAT number is provided after thirty (30) days, Find a Room Ltd will not refund any VAT amount. The reverse charge mechanism does not apply when the Hotelier is based in United Kingdom, UK VAT will be charged in that case.
(1) The Hotelier shall not directly or indirectly:
- With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
- Monitor content on the site or communications with Searchers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides hotel listings, or any subset of the same or other services that compete with the site or Find a Room Ltd) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Find a Room Ltd’s robots.txt file;
- Use the site or Find a Room Ltd’s platform or systems for purposes other than those referred to in these Hotelier Ts&Cs;
- reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
- Upload or send to the site any content or programs, which on account of their size or nature, might damage Find a Room Ltd’s computers or networks;
- Include content on the site or Find a Room Ltd’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
- Use or access the site or Find a Room Ltd’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
- Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
- Refer to Find a Room Ltd or any Find a Room Ltd Affiliate in any way that might lead someone to believe that the Hotelier, any Listing or website is sponsored by, affiliated with, or endorsed by Find a Room Ltd.
(2) In the event of any breach of this clause by a Hotelier, Find a Room Ltd reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Hotelier in accordance with clause 8 of these Hotelier Ts&Cs.
- Proprietary rights to content
(1) Where a Hotelier submits to or transmits through the site or Find a Room Ltd’s platform or systems any content of any type, including text or images, the Hotelier undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).
(2) To the extent that Hoteliers’ Listings and other submissions may contain trademarks, Hoteliers warrant that they have the right to use them, including sublicensing rights.
(3) By submitting any form of content to the site, the Hotelier authorises Find a Room Ltd to reproduce in whole or in part, display and disseminate the content in connection with the performance of these Hotelier Ts&Cs and in the promotion of the Site.
14. Right of blocking, suspension or withdrawal of listings
If the Hotelier is in breach of this Agreement, or is late in paying the subscription fee or any other charges, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Hotelier cannot prove to Find a Room Ltd that it has the right to publish this content (including images and / or photographs), Find a Room Ltd has the right to block or delete, temporarily or permanently, without any notice to the Hotelier and without prejudice to any other legal measure.
- Responsibility of Hotelier
The Hotelier will be held solely and exclusively responsible for all the financial consequences resulting from damage to Find a Room Ltd due to content or any program transmitted or sent by the Hotelier that results in any damage to the hardware of Find a Room Ltd, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.
- Indemnification Hotelier agrees to defend, indemnify and hold harmless Find a Room Ltd, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Find a Room Ltd alleging or arising out of or in connection from (a) any content or material the Hotelier submits or provides for inclusion on the Site; (b) any use by the Hotelier of the Site; and (c) any breach of these Hotelier Ts&Cs on the part of the Hotelier.
- Contacting us
(2) Notices regarding infringements of copyright must specify the following:
- Your address, telephone number and email;
- Detailed information about the content concerned (display of the image or text), including a link to the site; and
- A formal declaration showing that you;
- Are the holder of the exclusive user right to the work;
Have not authorised the use of the relevant material in this form.
18. Find a Room Ltd’s liability
In no event will Find a Room Ltd be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if Find a Room Ltd has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or Find a Room Ltd’s platform or systems, or you do not agree with any part of these Hotelier Ts & Cs, then your sole and exclusive remedy against Find a Room Ltd is to discontinue using the site. In all events, our liability, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these Hotelier Ts & Cs shall exclude or restrict Find a Room Ltd’s liability for death or personal injury resulting from its negligence; nor for Find a Room Ltd s fraud or fraudulent misrepresentation.
- Applicable law
These Hotelier Ts&Cs are governed by the laws of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English courts.
(2) Find a Room Ltd recommends that the Hotelier saves his/her own copy of these Hotelier Ts&Cs in a separate file on its PC or in print-out form.
No user of this website may contribute any content (including, but not limited to hotel listings, reviews and responses) which violate the following guidelines:
A review must show the date of stay.
Users who post content must have all legal rights to post the content.
Hotel listing descriptions must relate to the hotel and information that would be useful to a Searcher.
Listings and reviews should be accurate.
The content must comply with current site Terms and Conditions.
Reviews and responses should not disclose the rates charged by the hotel.
Users cannot post a review or response for the purpose of blackmailing or extorting hoteliers or Searchers for money or other consideration. The reviews are for the benefit of future Searchers, not to allow one party to threaten the other.