Last Revised On: 10 December, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES
TERMS AND CONDITIONS
Booking means your making of a Hotel Reservation;
Hotel Reservations means the accommodation reservations, including those which are part of a package, made available by us and our Group Members from time to time; and
we, us, our means otsbooking.com;
you, your means the individual or corporate end customer browsing our Information or making Hotel Reservations.
The Terms tell you the terms on which you may:
Please read these Terms carefully before you start to browse our Information and/or make a Booking. We recommend that you print a copy of these Terms for future reference.
By browsing our Information and/or making a Booking, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Information, contact our Customer Support Agents or make any Bookings.
OTHER APPLICABLE TERMS
These Terms also refer to additional rules and restrictions, including cancellation policies of suppliers of Hotel Reservations (Rules) which may apply to your Booking. These Rules will be made available to you prior to completion of the Booking and any Booking is made subject to the Rules as set out on the booking page. Please read these Rules carefully. If you are making a Booking on behalf of any other persons, you are responsible for bringing these Rules to the attention of such persons and advising them they will be bound by the same.
We retain the right, at our sole discretion, to deny access to our Information and Hotel Reservations at any time and for any reason, including, but not limited to, for breach of these Terms.
CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page and will publish the updated version online from time to time.
Please check this web page each time you make a Booking to take notice of any changes we have made, as they are binding on you in relation to all matters except any Bookings made prior to the date of the last set of changes (see top right). The Terms that applied at the time you made the Booking will continue to apply to such Booking.
PURPOSE OF OUR INFORMATION
Our Information is provided solely to assist you in gathering travel information, determining the availability of Hotel Reservations, making legitimate Bookings or otherwise communicating with our Customer Support Agents.
Unless we agree otherwise in writing, you may not use our Information for any other purpose.
CONDITIONS OF MAKING A BOOKING
As a condition of making a Booking, you warrant that:
ACCEPTABLE USE POLICY
When accessing our Information you agree not to:
THIRD PARTY LINKS
Our Information may contain links to other sites and resources provided by third parties. Such links are provided for your information only and do not imply any endorsement of the material contained within such sites or resources.
We have no control over the contents of those sites or resources. In particular, we are not responsible for the privacy or other practices of such sites.
PAYMENT FOR YOUR BOOKING
Upon submitting your Hotel Reservation request, you authorize us or one of our Group Members to facilitate Hotel Reservations on your behalf, including making payment arrangements with accommodation suppliers.
When you make payment for a Booking depends on whether you prepay for your Hotel Reservation (Prepaid Booking) or not, which will be notified to you prior to completion of your Booking.
Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between Booking and your actual use of the Hotel Reservation.
Coupons may be available but will always be subject to their own specific terms and conditions. If you wish to use a coupon, it can only be applied to Prepaid Bookings.
Prepaid Bookings (“Pay Now”)
Prepaid Bookings are paid for by you at the time of making the Booking. You authorise us to make the Booking for the total reservation price, which includes the Hotel Reservation rate, displayed by our Affiliate, plus any additional tax recovery charges, taxes, service fees, any applicable taxes on our services and any additional booking fee separately charged by our Affiliate.
If prepayment for your Booking is required or you choose to pay at the time of Booking, we, one of our Group Members or our Affiliates will immediately charge the total price to your credit card.
If prepayment for your Booking is not required, you can choose to pay at the time you use the Hotel Reservation.
If you select this “pay later” option, the applicable Hotel Reservation supplier will take payment for the Hotel Reservation in the local currency at the time you use the Hotel Reservation.
In the event that your payment is taken at the time of Booking, the company taking that payment and charging your credit card will be a Group Member or an Affiliate doing business on behalf of us or our Group Member, who takes such payment on behalf of the provider of the Hotel Reservation. Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on our Information. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
Some accommodation suppliers may require you and/or the Other Persons to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your Booking.
CANCELLATION OR MAKING CHANGES TO YOUR BOOKING
The Rules will set out the applicable cancellation period during which you can cancel or make changes to your Booking (the Cancellation Period). In limited cases, some Bookings cannot be changed or cancelled after they are made and this will be indicated in the specific hotel’s cancellation policy.
If permitted, you may cancel or change your prepaid Booking during the Cancellation Period but you will be charged the applicable cancellation or change fee as set out in the specific hotel’s cancellation policy.
If you are allowed to cancel or make changes to your Booking but do not do so before the end of the Cancellation Period, you will be liable to pay a cancellation charge equal to applicable nightly Hotel Reservation rate(s), taxes or tax recovery charges (as applicable), service fees and any additional booking fee separately charged by our Affiliate (the Cancellation Penalty) whether or not you use the Hotel Reservation or not.
If you do not show for the first night of your Booking but plan to check-in for subsequent nights, you must confirm with our Affiliate no later than the date of the first night of your reservation. Failure to do so may result in your Booking being cancelled and you being charged the Cancellation Penalty.
Please note that we cannot guarantee reservations for 8 or more rooms with any accommodation supplier for the same accommodation stay dates (Group Booking). If you make a Group Booking online, we may cancel such Group Booking and charge you any cancellation fee set out in the Rules. If you paid a non-refundable deposit in respect of your Group Booking, your deposit will be forfeited.
If any Booking (including any associated payment cards) shows signs or is connected to any suspected fraud, abuse or suspicious activity, we or our Affiliate may cancel any Booking associated with your name or email address. In addition, we may verify (i.e. preauthorize) any credit card used for payment of a Booking. If you or the holder of any credit card used for payment of a Booking have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you and/or the card holder may be liable for our and our Group Member’s losses, including litigation costs and damages. To contest the cancellation of a Booking, please contact our Affiliate.
If your Hotel Reservation has been provided to you in conjunction with another travel product (e.g. a flight) (a Package), then the Affiliate who has provided this Package to you will be responsible for any changes regarding that Package.
You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The accommodation suppliers invoice us for certain charges, including, where appropriate, tax amounts. The accommodation suppliers are responsible for remitting the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on Prepaid Bookings represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the accommodation supplier for taxes due on the rental of the room. Taxability and the appropriate tax rate vary depending on the location. The actual tax amounts paid by us to the accommodation suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Hotel Reservation.
You acknowledge that we provide you services to facilitate the booking of Hotel Reservations for a consideration. We retain our service fees as compensation for servicing your Booking. Our service fees vary based on the amount and type of Hotel Reservation. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your actual use of the Hotel Reservation.
You acknowledge that authorities in certain countries may impose additional sales, use and/or local hotel occupancy taxes (e.g., a tourist tax), which have to be paid locally. You are solely responsible for paying such additional taxes.
You are responsible for ensuring that you meet any applicable foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met.
By offering Hotel Reservations in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations. We recommend you check your country’s foreign travel guidance for further details.
We and our Group Members will make reasonable efforts to update our Information to ensure its accuracy. However, our Information is provided by the suppliers of our Hotel Reservations. As such:
We expressly reserve the right to correct any pricing errors and/or Bookings made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your Booking at the amended price or you may cancel your Booking without penalty.
OUR LIABILITY TO YOU
The hotels and other suppliers providing Hotel Reservations to us are independent contractors and not agents or employees of us, or our Group Members.
We and our Group Members are not liable for:
We and our Group Members have no liability and will make no refund in the event of any:
and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
To the fullest extent permitted by applicable law, in no event shall we or our Group Members be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with:
whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if we or our Group Members have been advised of the possibility of such damages.
If, despite the limitation above, we or our Group Members are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of us, or our Group Members will in no event exceed, in the aggregate, the greater of:
We do not exclude or limit in any way our liability for anything which cannot be excluded by applicable law.
The limitation of liability reflects the allocation of risk between you and us.
The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The limitations of liability provided in these Terms inure to the benefit of us and our Group Members.
You agree to defend and indemnify us, our Group Members and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
INTELLECTUAL PROPERTY RIGHTS
Our Information (including, but not limited to, price and availability of Hotel Reservations) is owned by us or our suppliers and providers.
Whilst we agree that you can use our Information to make limited copies of your travel itinerary and any other information relevant to your Booking, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services relating to and/or including the Hotel Reservations and our Information.