This agreement between you ('Accommodation Provider', 'you', 'your') and GI Hospitalities Private Limited ('GIH’, 'we', 'us', 'our') sets out the basis on which GIH will provide Channel Management, Booking Engine and Digital Commerce and other related Services ('Agreement’). We may amend the terms of this Agreement at any time. Every time an amendment is made in this page, it is deemed that you are given a 10 days period to accept that amendment and use our Services. By using the Service you confirm your acceptance of the terms of this Agreement, as amended from time to time.
We will provide Channel Management, Booking Engine and Digital Commerce and other related Services as described in the Schedule to this Agreement (the 'Service' or ‘Services’).The Service shall be provided by means of an access to a Universal Resource Locator (URL) designated by us.
We reserve the right to upgrade, modify, alter, limit or terminate the Service at any time. We will endeavor to notify you of all significant changes to the Service through the URL and/or email. We may agree to provide you with additional services at your request such as search engine optimization or digital media campaign for which there shall be separate commercials and this service specific terms and conditions. Such additional services that we agree to provide will then be provided as part of the Service. You agree that the provision of additional services will be governed by the terms of this Agreement.
You must supply us, upon request, with all information pertaining to your hotel, hotels, accommodation locations required by us to provide the Service. You shall ensure that all information you provide is accurate, current and complete and you will advise us of any changes so that such information remains accurate, current and complete.
To enable you to access the Service, we may provide you with a username and password. Your username and password are for your use only. You must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make the Service or designated URL available to any other person. GIH may wish to prompt a change of password periodically for safety reasons.
You are solely responsible for any use of the Service by any person using your username or password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.
You must notify us immediately by email to email@example.com of any unauthorized use of your member ID, password or any other breach of security in addition to calling our relationship manager handling your account.
You agree to pay all charges towards availed services as set out in our proposal. The applicable IBE Service Fees will be deducted from the sale and the balance will be paid 3 days prior to the checkin. For Channel Manager and other Digital Marketing service, online invoice will be raised and you are required to settle the dues latest by 30th / 31st of every month. The payment (Indian Rupees) can be settled thru cheques or online modes like debit or credit card, Net banking or ACH (Automatic Clearing House) vide payment link that will provided by us. If you fail to pay the Service Fees by the due date, then GIH has the right to debit the receivables from payables to you in toto. Further, GIH also has the right to auto debit the Service fees in Rupees from your banks or cards towards the services rendered by GIH. But if that is not possible for any reason, GIH has the right to terminate all the contracted services with or without any notice Reinstatement of services will attract a reinstatement fee per listing.
All service fees shall be paid in “Indian Rupees” to an account selected by GIH based on the invoice issued by GIH.
All fees mentioned in this Agreement does not include any taxes, duties or other governmental levies or other charges. You are responsible for payment of all such other taxes, governmental levies, other charges, including bank transfer fees.
GIH reserve the right to impose late interest charges on the amounts remaining unpaid. In addition, we reserve the right to recover costs associated with the collection of unpaid Charges, including any legal fees and charges relating to debt collection services.
GIH reserve the right to modify our pricing structure and payment conditions from time to time at our sole discretion, provided that not less than 30 days' notice shall be given to you regarding any changes or modifications. The notification shall be implemented in our Terms and Conditions or be sent by email and the notice is deemed to have been given from the date this was effected. You may get back to us with any feedback or objections to the changes by email to us.
You must follow all instructions set out in the GIH User Guide.
We shall not be responsible if we cannot obtain access to any third party portal or website that is required in order to provide the Service in the event that any link fails to connect due to changes or breakdown in the third-party systems. However, we will make every effort to re-instate the connection at the earliest.
It is your responsibility to carefully manage your bookings and inventory. We shall not be responsible for over bookings.
You shall indemnify us and hold us harmless against all claims made by third parties that arise from your failure to perform your obligations under this Agreement.
GIH gives no warranties and makes no representations of any kind relating to the Service including, without limitation, any implied warranties of non-infringement, fitness for a particular purpose, or merchantability, and we exclude all warranties to the maximum extent permitted by law. The Service is made available to you strictly on an 'as is' basis.s
Limitation of Liability
Except to the extent that it is unlawful to exclude such liability:
We will not in any circumstances (including, without limitation, negligence or breach of statutory duty) be liable for any loss of profits, loss of revenue, loss of savings, loss of data, or for any indirect, consequential, special, exemplary, punitive, incidental, or other loss or damages regardless of the form of action or legal basis of liability even if we are advised of the possibility of such loss or damages.
Our liability to you arising out of any and all claims whatsoever (irrespective of the cause of action) will not in any circumstances exceed in aggregate the total amount of the sums paid by you to us for the Services in respect of which we are in default (which shall not exceed the Charges paid by you for those Services during the one month period preceding the date of your claim).
You acknowledge that the access to and use of the Service may be impaired or prevented by a variety of factors beyond our control, for instance defects in your computer system and problems with Internet connectivity, and that we are not responsible for any such factors or their effects.
We shall not be liable for any failure to back up or restore any information or for interruptions, delay or suspension of access to or unavailability of the Service, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.
No action arising out of or in connection with this Agreement, regardless of form, may be brought by either party more than three months after the cause of action arose.
You acknowledge that intellectual property rights that may subsist in content of the Service and the processes we use to deliver the Service belong to GIH or its suppliers. You agree not to challenge such ownership or to act inconsistently with such ownership.
Each party agrees to keep secret and confidential at all times, all Confidential Information of the other party and will not use, communicate, cause to be communicated, copy, make available or otherwise resupply any such Confidential Information to any person except as is reasonably necessary for the purposes of this Agreement, or as otherwise required by law.
You agree that, we may identify you as one of our clients in our promotional media and literature and disclose to current and prospective clients and investors that you are a client and user of our products and services.
Third Party Systems and Websites
This Service interfaces with Internet sites and systems maintained by third parties (including Booking Websites). Such systems and websites are not under our control and we are not responsible for their operation or availability. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or services provided by any third party.
The personal data is processed for the following purposes: compliance with obligations envisaged by law, regulations or legislation; activities connected with EaseRoom operations, conducted by means of letters, telephone, publicity material, automated communication systems, etc., in regard to which the person concerned has the right to grant or deny consent. Each person concerned therefore has the right to refuse or withdraw their consent to the processing at any time, without this having adverse consequences on the relationship or provision of services requested prior to the withdrawal.
We may, in our sole discretion, terminate your use of the Service immediately if you fail to comply the terms of this Agreement.
Either party may terminate this Agreement at any time for any reason by giving not less than  days’ prior written notice, notice may be given by us via email].
If this Agreement is terminated for any reason:
your right to access or use the Service is immediately revoked and you shall cease use of the Service;
you shall not attempt to access or use the Service without our prior written consent; and any Charges paid by you will be forfeited.
Termination of this Agreement shall not affect:
the rights of a party which accrued prior to and upon termination; orthe provisions of this Agreement which by their nature, survive termination namely section 5 (Warranties), section 6 (Limitation of liability), section 7 (Intellectual property), section 8 (Confidential Information), section 11 (Personal information),and this section 12.
Users and Hotels shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
Rates / Inventory Updation : We hold the right to update inventory or rates on your behalf in your website towards concrete business interests of all; and which is preceded by a written intimation or email or sms or verbal communication over phone with you.
Cancellation & Refund Polici(es) :
For any Cancellation / Amendments done, appropriate cancellation charges will be applicable as per the Hotel Cancellation Policy which is mentioned before securing the booking by making online payment and the same is also mentioned in the booking voucher. In addition, Booking Processing Fees will be applicable for all refunds based on GIH & Hotel’s concurrence.
Booking done on Internet Booking Engine should be cancelled via cancellation link provided in the Internet Booking Engine. Further, the refund amount will be credited to same bank account/Credit card account which was used for reservation within 7 working days. UNDER NO CIRCUMTANCES GIH WILL REFUND THE AMOUNT IN CASH / CHEQUE OR ADJUST THE AMOUNT VIDE ANY OTHER MODE.
Based on GIH & Hotel’s concurrence, all refunds & financial disputes pertaining to the booking would be channelized thru GIH alone.
Disputes & Jurisdiction : All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. Any dispute needs to be settled under and as per the prevailing jurisdictions of Chennai, Tamil Nadu, India and all the arbitration proceeding, if any, will take place in English language.
Assignment and subcontracting : We may subcontract, assign or novate any of our rights, duties or obligations under this Agreement. You cannot transfer, assign, novate or sublicense any or all of your rights, duties or obligations in this Agreement to, or share them with, a third party, without our prior written approval.
Waiver : No delay in enforcement or extension of time or failure to exercise any right under this Agreement will be deemed to be a waiver of any right by us. No waiver of an earlier breach of this Agreement will be construed as a waiver of a later breach.
Entire agreement : The parties acknowledge that this Agreement contains the whole of the contract and understanding between them. There are no conditions, warranties or other understandings affecting the arrangements between the parties other than those set out herein and this Agreement replaces all prior agreements and understandings with respect to the subject matter of this Agreement.
In this Agreement, unless the context otherwise requires:
'Booking Website' means a third party website that provides reservation services for hotels, motels, backpackers, lodges, resorts and other accommodation providers;
'Customer' means a person or entity that books accommodation with the Accommodation Provider through a Booking Website which interfaces with the Service;
'Confidential Information' means all information of a confidential nature that concerns a party to this Agreement or its business, technologies or services. Such information includes all information relating to the Service that is not general public knowledge including, without limitation, the Software, technologies, documentation, and any new product or service information relating to GIH’s but does not include information that is, or becomes, general public knowledge without fault of the Accommodation Provider;
is, or becomes, available to the Accommodation Provider from a source other than the GIH without breach of any confidentiality obligations; is independently developed by the Accommodation Provider without use of GIH's Confidential Information;
is required to be disclosed by law or under a court order; or was already known to the Accommodation Provider prior to that information being disclosed by GIH;
'Data' means any information collected by GIH in relation to this Agreement including, without limitation, through the Service;
''Intellectual Property' means GIH’s copyright, patents, trade marks, design rights, trade secrets, layout design rights or other enforceable industrial or intellectual property rights;
'Software' means any computer program or script contained within the Channel Management and Booking Engine used to provide the Service, including, without limitation, any source code, object code, mark-up, or scripting used by GIH to provide the Service.