Terms & Conditions

Effective from June 28 2019

Parties and Account Ownership

Sirvoy booking/reservation system (hereinafter called “the system”) is a service provided by Sirvoy Limited (hereinafter called “Sirvoy”), a company registered in the Republic of Ireland. The subscription holder and account owner (hereinafter called “the client/customer”) is the person whose email and contact information were originally used to sign up. If the person signed up on behalf of an employer, then the employer shall be the account owner.

In the event of a dispute regarding account ownership, Sirvoy reserves the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Sirvoy retains the right to determine, in its sole judgment, rightful account ownership and transfer an account to the rightful owner, or to temporarily disable an account until resolution has been determined.

Approval of Terms and Conditions

The customer approves the terms and conditions during registration by checking the box in the registration form on the Sirvoy website. Sirvoy may occasionally adjust the terms and conditions. By continuing to use the Sirvoy system after those changes are made, the customer agrees and acknowledges his/her/its acceptance of the changes.

Scope and Use

The subscription gives the customer the right to use the Sirvoy system. The subscription cannot be used by others or for data processing for others. Maximum allowed number of bookable objects and any other indicated limitations must not be exceeded. The customer is only entitled to use the system for the intended purposes. In case of abuse, the subscription will be terminated without warning and further the customer may become liable for any loss or damage suffered by Sirvoy as a consequence thereof.

Terms of Payment and Invoicing

Billing is processed every month. Fixed charges and variable costs are deducted from the customer’s account balance. The account of the Customer with Sirvoy will be locked if the account balance is negative for more than 10 days. If payment has still not been received by Sirvoy within 60 days, the account will be terminated. Payment reminders will be displayed after login and/or sent to the customer by email.

Duration and Termination

The customer may use the Sirvoy system as long as the account balance will not be negative. Money paid into the account will not be refunded. The account may be terminated 60 days from when the account balance has gone negative or upon request from the customer.

Customer Data

The customer owns and may use the data as the customer see fit. Reservations will remain in the system at least 18 months from check out date, but may thereafter be erased, unless already erased by the customer. On termination of the subscription the customer can export hi/her/its data via the export function. The customer data will be deleted 1 year after the termination of the subscription or earlier at the request of the customer and Sirvoy will not be obligated to store any customer data thereafter.

The customer hereby agrees and consents to its data, if necessary, being processed by agents, sub- processors and sub- contractors appointed/engaged by Sirvoy.  Sirvoy will  inform the customer of the names of such entities prior to such appointment/engagement and the customer will be entitled to object to such appointment/engagement.

Operational Stability

Sirvoy aims for the highest possible operational stability, but is not responsible for any interruptions due to factors beyond Sirvoy’s control. Such interruptions include, but are not limited to power failure, failure of equipment and connections and other like interruptions. 

Maintenance and System Changes

To provide the best service possible, Sirvoy may occasionally adjust or update the system. In such cases it may be necessary to temporarily shut down the system access. Sirvoy has the right to update and improve the system and also change functionality, as long as a basic service is maintained, i.e. registration and management of reservations.

Pricing

Sirvoy will announce any price increases at least 3 months in advance of such increase, except for those that may be required arising as a consequence of price inflation, exchange rate volatility, third-party price increases or other factors beyond Sirvoy’s control which lead to increases in costs or prices incurred by Sirvoy. New functionality such as additional modules or features can be priced separately.

Rights

The system is copyrighted and owned in full by Sirvoy. Sirvoy may at any time transfer its rights and obligations to third parties, provided that the third parties will continue to maintain the system according to these terms and conditions.

Rights to Intellectual Property

All patents, brands copyrights, design rights, get ups, logos, product names trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world which shall be provided by Sirvoy arising out of or in connection with the supply of the system shall be the property of the respective owners thereof.

Obligations of the Customer

The customer has the complete and full responsibility of the individual transactions and agreements entered into and managed through the system. The customer is responsible at all times for verifying that the information recorded or displayed in the system is correct. The customer must not act in a manner that adversely affects others’ ability to use the system, and the customer must not register offensive or misleading information.

The customer acknowledges that, to the extent permitted by applicable law, his/her/its sole and exclusive remedy for any problems or dissatisfaction with the system, the third-party applications or the third-party application content is to stop using the system, the third-party applications or the third-party application content.

Obligations of Sirvoy

Sirvoy endeavours to provide the best service possible, but the customer understands and acknowledges that the system is provided “AS IS” without express or implied warranty or condition of any kind. The customer uses the system at his/her/its own risk.

Sirvoy does not warrant, endorse, guarantee or assume responsibility for any third-party applications, third-party application content, user content, or any other product or service advertised or offered by a third-party on or through Sirvoy’s system or any hyperlinked website. The customer understands and acknowledges that Sirvoy is not responsible or liable for any transaction between the customer and third-party providers of third-party applications or products or services advertised on or through Sirvoy’s system.

Disclaimer

Sirvoy will not be liable for direct damages actually suffered, paid or incurred by the customer in respect of the services offered by it herein.

Neither Sirvoy nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Sirvoy system and its contents will be liable for:

(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;

(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the third-party provider as made available on the Sirvoy system;

(iii) the services rendered or the products offered by the third- party provider or other business partners;

(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the customer pursuant to or arising out of or in connection with the use, inability to use or delay of the Sirvoy system; or

(v) any personal injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the customer, whether due to acts, errors, breaches,  negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to a third- party provider or any of Sirvoy’s other business partners (including any of their respective employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the  Sirvoy system, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond the control of Sirvoy.

Sirvoy is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated from the customer (e.g. hotel, motel, apartment, bed & breakfast), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances and any other travel or related product or service as from time to time available for a reservation (“the reservation”) and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. The customer acknowledges and agrees that it is solely responsible and assumes all responsibility and liability in respect of any reservation (including any warranties and representations made by the customer). Sirvoy is not a (re)seller.

Complaints or claims in respect of any reservation (including related to the offered (special/promotion) price, policy or specific requests made) are to be dealt with by the customer. Sirvoy is not responsible for and disclaims any liability in respect of such complaints, claims and product liabilities.

Whether or not the customer has charged for the reservation, the customer agrees and acknowledges that it is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the reservation price or fee to the relevant tax authorities. Sirvoy is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the reservation price or fee to the relevant tax authorities. Sirvoy does not act as the merchant of record for any product or service.

The customer acknowledges the difficulties inherent in the use of the internet, in particular, varying speeds and congestion in the network can cause interruptions and difficulties in accessing a website. Sirvoy excludes any and all liability which is related to any (temporary (scheduled or unscheduled) and/or partial or wholly breakdown or downtime (for maintenance, updates or otherwise of the website and/or the Sirvoy system.

Usage of Sirvoy’s Channel Manager

The customer is responsible at all times to verify that room types are mapped correctly, and that bookings, rates and availability are updated correctly to and from booking channels. Sirvoy is not responsible for any loss of income or costs incurred by incorrect information being published to booking channels.

The customer understands that there is an inevitable risk of overbooking if a certain room is offered through multiple booking channels simultaneously and the customer accepts full responsibility for any loss or damage arising out of or as a result of such overbookings. Any overbookings or issues must promptly be handled and solved by the customer in cooperation with the booking channel.

Credit Card Information and Payments

Sirvoy facilitates payment processing through third- party payment processors. Sirvoy never acts nor operates as the merchant of record. Sirvoy is not liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charges by the customer or for any amount for any valid or authorized charge (including prepaid rates, no-shows and chargeable cancellations.

Privacy and Data Protection

Sirvoy has taken all reasonable precautions necessary to prevent the destruction, loss or access and abuse of system information by any unauthorized third party. Sirvoy processes customer data for the customer alone and not for its own, non-relevant purposes. Sirvoy keeps all customer data confidential and will only disclose information about the customer to a third party if it is relevant to the service being provided through this agreement. Sirvoy will contact the customer with critical information related to the customer’s account when needed.

Any personal data collected will be processed in a fair, legal, transparent manner and in accordance with   the General Data Protection Regulation EU 2016/679 (“GDPR”) and the Data Protection Act 2018. GDPR compliant thirdparty services may be used for data processing. Sirvoy is authorized to act as the “ data processor” of personal data in behalf of the customer, who will be the “data controller” of such data. The customer may request a data processing agreement (DPA) from Sirvoy, to supplement these terms and conditions.  The customer is also referred to the privacy policy of Sirvoy Limited on its website in this connection.

The customer must handle and process personal data and guest information according to applicable privacy and data protection regulations, such as the GDPR. The customer is responsible for obtaining consent for any processing of personal data, email communications and similar processing. The customer must honour any requests to share, modify or delete a person’s data, e g by deleting booking history data, etc. Sirvoy will not unnecessarily store any data once it has been deleted by the customer.

Disputes

These terms and conditions and the provision of Sirvoy’s services will be governed by and construed in accordance with the law of the Republic of Ireland. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent Courts in Dublin, the Republic of Ireland.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and the customer cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, the customer shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law and the customer shall at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.