PrivateDeal ® TERMS & CONDITIONS · 2 days ago · Terms & Conditions PrivateDeal – February 2020 2 “Night Use” means the use of a hotel room during night time “Offered price”

Terms & Conditions PrivateDeal – February 2020 1

PrivateDeal ®

TERMS & CONDITIONS

Date of issuance: February 2020

These Terms & Conditions of the Platform (“Terms”) govern your use of the PrivateDeal Platform (the “Platform”) and the services we offer on or through the Platform (the “Services”), and are entered into by you and PrivateDeal SA, a company seated Route de Cojonnex 18, c/o Ecole Hôtelière de Lausanne, 1000 Lausanne 25, Switzerland, and its subsidiaries or affiliates (the “Company”, “We” or “Us”). These Terms & Conditions are applicable to all Users as defined below. Please note that the browsing of the Website available at the following URL www.privatedeal.com is governed by the terms of use of the Website available at the following address: www.privatedeal.com/en/TCwhite.

1. DEFINITIONS

“Accommodation(s)” means rooms or properties listed on the Platform that Customers can book on or through the Bidding Engine for Day use or Night use, including but not limited to hotel rooms, motel rooms, apartments or bed & breakfasts. “Average Daily Rate” means the calculation of the average rate for each day of the stay, including VAT and/or similar taxes, displayed by the hotelier to the visitor “Booking confirmation” means the confirmation of the Transaction received by the Customer. “Bidding Engine” shall mean the functionality created and managed by the Bidding operator which allow the Hotelier's clients to Bid for a price for a room in the hotel of the Hotelier directly on the website of the Hotelier. “Chargeback” means a transaction which is successfully charged back on request of a Customer or an Issuer pursuant to the relevant rules applicable resulting in a cancellation of a Transaction in respect of which the Company has been paid or was due to be paid. “Company” means PrivateDeal SA, Route de Cojonnex 18, c/o Ecole Hôtelière de Lausanne, 1000 Lausanne 25, Switzerland. “Confidential information” means information, idea, concept, material or any other Company’s and Hotelier’s data, not yet entered into the public domain, whether it has been communicated orally or in writing, including but not limited to all information regarding the Company’s business, concept or business model, all trade secret, all price lists and Customer’s data, including and in particular the Transaction price. “Customer” means the person or entity purchasing an Accommodation for Day Use or Night Use on or through the Platform. “Customer account” means an account created by a Customer on the Platform, including Personal data. “Day Use” means the use of a hotel room during day time. “Fee” means the amount that the Company will charge to Hotelier for each Transaction. “Hotelier” means the person or entity who offer(s) Accommodations on his/her/its website through the Bidding Engine. “Intellectual property rights” means copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered. “Issuer” means an institution that issues payment methods to the Customer and whose name appears on the Customer’s credit card or bank account statement and/or who enters into a contractual relationship with the Customer with respect to the payment method used by the Customer on the Platform.


“Night Use” means the use of a hotel room during night time “Offered price” means the price offered by the Customer to the Hotelier for a Day use or a Night use of an Accommodation. “Payment Details” means the information which makes up a Transaction message which needs to be submitted to the Payment Interface of the Payment Provider in order for the latter to be able to process the Transaction and to perform fraud checks, including but not limited to, details regarding the credit card, the Customer or the credit card owner, the Issuer, the relevant authentication details and the payment amount. “Payment Interface” means an electronic connection method provided by the Payment Provider to the Company for providing Payment details for individual Transactions in a secured way. “Payment Provider” means Six. “PCI DSS” means the security standards for transmitting, processing or storing card data / payment details, known under the name of PCI. “Personal data” means the Customer’s personal data, including but not limited to her last name, first name, mailing address, email address and phone number, collected and processed in accordance with the Privacy policy and the Swiss Data Protection Act (RS.235.1). “Platform” means the Website, the Bidding Engine as well as any other means by which Accommodations are made available for the Customer. “Platform content” means all the rights related to the content of the Platform, included, but not limited to. the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear on the Platform. “Privacy policy” means the privacy policy governing the use of the Platform (issued on February, 2020) “Processing Fee” means the fee that the Payment Provider charges for each Transaction submitted for processing to the Payment Interface, regardless of the Transaction amount and the type of credit card accepted. “Refund” means a (partial) reversal of a particular Transaction, whereby the funds are reimbursed to the Customer on the initiative or request of the Company. “Services” means the services made available by the Company on the Hotelier’s website allowing Customers to book Accommodations online through the Bidding Engine for Day Use and/or Night Use in exchange of the payment of the Price (including the facilitation of payments). “Six” means Six Payment Services AG, a company having its seat at Hardturmstrasse 201, 8005 Zurich, Switzerland. “Terms” means the Terms & Conditions of the Platform. “Total Price” means the total price of the stay, including VAT and/or similar taxes, displayed by the hotelier to the visitor “Transaction” means the purchase of an Accommodation by a Customer through the Bidding Engine. “Transaction fees” means the amount of money due by the Hotelier to the Company for every and each Transaction made through the Bidding Engine. “Transaction Price” means the price of an Accommodation, including VAT and/or similar taxes, the fee and the processing fee, as agreed upon between the Hotelier and the Customer. “Users” means all users of the Platform, i.e Visitors, Customers and Hoteliers. “User content” means all the contents that the Users publish on the Platform, i.e. images, photography, comments, opinion, advice, commercial, etc. “Visitor” means a person or entity using the Platform without having registered as a User. “Website” means the website available at the URL: www.privatedeal.com or any website using or linking to the Website. “White label” means the offering of the Bidding Engine operated by the Company on the Hotelier’s website and under the Hotelier’s brand.


2. SERVICES

Subject to these Terms and Conditions, the Platform is made available by the Company to the Hotelier as White label on the Hotelier’s website.

Through the Platform, the Company provides an online Bidding Engine allowing Customers to book Accommodations for Day Use or Night Use at the Price agreed upon between Customers and Hoteliers.

Subject to these Terms, the Platform is made available to Users by the Company.

No Transaction Price is displayed by the Hoteliers. The Customer offers a Transaction price for an Accommodation, either for Day Use or for Night Use. The Hotelier accepts or refuses the Offered Price through the Bidding Engine.

By using or utilizing the Platform (e.g. by booking an accommodation through the Platform), you enter into a direct (legally binding) contractual relationship with the Hotelier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Transaction, we act solely as an intermediary between you and the Hotelier. The Company does not (re)sell, rent out, offer any Accommodation or Service.

When rendering the Services, the information that the Company discloses on the Platform is based upon the information provided to the Company by Hoteliers. Hoteliers are given access to the Platform and can directly upload all information related to the Products they offer to sale on the Platform. Hoteliers are fully responsible for any information and content they upload on the Platform, including Hoteliers’ and third-party information and/or any content uploaded on the Platform and the Company waives any liability regarding such information and content. The Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Hotelier (or its facilities, venue, vehicles, (main or ancillary) products or services) made available. 3. TERMS

Any person or entity who wants to access the Services to buy or sell Products on or through the Bidding Engine must accept these Terms.

By using the Platform (even as a Visitor) and/or the Services and/or clicking the "Sign Up" button when registering an account, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the Platform and/or benefiting from the Services.

In particular, you acknowledge that you have read and understood the clauses in these Terms relating to: Company's disclaimer of warranties; limitation of liability; the Privacy Policy; and the manner in which we may make changes to these Terms.

You confirm You read English and that your level of English is sufficient to understand the meaning of the terms contained in the English version of these Terms as well as all the commitments, warranties, waivers and obligations contained in the English version of these Terms. 4. ELIGIBILITY

In order to book an Accommodation, you can either register for a Customer account or book as a Visitor.

In order to be able to book an Accommodation, you must be at least eighteen (18) years of age and be entitled in your jurisdiction to enter into legally binding agreements in order to use the Platform


and/or the Services. If you are under 18 or not entitled to enter into legally binding agreements, you may use the Platform and/or the Services only with involvement and agreement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services.

If you create a Customer account, you are solely responsible for maintaining the confidentiality of your password and account and are responsible for all activities that occur in relation to your account. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and you are solely responsible for any use of or action taken under your password in connection with the Services.

Should you not fulfill the conditions for entering into the Platform and/or benefiting from the Services, you shall immediately refrain from doing so. In any event, we reserve the right to refuse Service to any User at any time. 5. YOUR CUSTOMER ACCOUNT

To register as Customer, you must provide your e-mail address and other personal data as detailed in the Privacy Policy.

If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

By using and/or registering on the Platform and/or benefiting from the Services, you agree (i) to provide true, accurate, current and complete information about you and your organization as requested by the Company ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to the Company, to keep such information accurate, current and complete; (iv) refrain from posting any wrong or misleading information in your User profile and (v) to be fully responsible for all use of your account and for any actions that take place through your account (vi) not to impersonate anybody by opening a false account (vii) not to use robots or other tools to open accounts.

You authorize the Company to use any information provided in registering to verify your identity (including any updated information).

For Night Use stays, you must be issued with a major credit card that is accepted by the Company and the Payment Provider in order to be able to use the Services, and your application for registration must otherwise be acceptable to the Company in its own absolute discretion.

You are obliged to notify the Company of any changes to your registration information immediately.

The Company reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion, without any obligation to indemnify you.

If you provide false or misleading Registration Data or do not notify the Company of changes to your Registration Data immediately, the Company reserves the right to terminate or suspend your account immediately and without notice to you or any liability of whatever nature. You understand and agree that you shall not circumvent any Company's policy about your User status such as temporary or definitive suspensions or other type of access limitations or restrictions. The Company retains the right to cancel account that have been inactive for a long time or are considered to be misleading without prior notice to the User.


6. MODIFICATIONS

The Company reserves the right to make any changes to these Terms at any time, as the Company deems necessary or desirable. Your continued use of the Platform after any such changes or after explicitly accepting the new Terms upon logging into the Platform and/or the Services shall constitute your consent to such changes. 7. YOUR USE OF THE SERVICES

The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your strict compliance with these Terms and our policies.

We are constantly modifying and improving our Services. We may at any time introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.

The Company reserves all right, title and interest in its and its affiliates' Intellectual Property Rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, trade secrets, confidential information, trade and business names and any other similar protected rights in any country) in and to the Services and the Platform. 8. PRIVACY POLICY

The personal data you provide to the Company in the course of using the Services will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into these Terms. 9. GEOLOCATION

In order to offer to Customers Products that are close to them, you, as a Customer, understand and agree that geolocation is a requirement for using the Platform efficiently. As a Customer, you hereby agree that the Company may use and store your geolocation parameters. 10. TRANSACTIONS

Hoteliers will upload Products on the Platform. Visitors wishing to order a Product will choose among Products and will make offer(s) to Hotelier(s). In a specific Transaction, only one offer can be accepted by the Platform.

The process for entering into a Transaction on the PrivateDeal Platform is as follows:

- Visitor chooses his dates (check-in, check-out), type of stay (Day Use, Night Use), number of guests and rooms. Available rooms and packages are displayed on a list with the Total Price of the stay and the Average Daily Rate.

- Visitor selects one room or package on this list to which he will submit his own Offer Price. The Transaction Price is calculated and displayed for each offer.

- Visitor can log in as a Customer for a quicker booking or continue as a Visitor.


- The required information to submit his offer(s) is first name, last name, e-mail, mobile phone number and purpose of travel.

- The offer is checked in real-time. If the offer is accepted, Customer receives an e-mail confirmation (“Booking confirmation”). For Night Use, the Payment Provider processes the payment of the Transaction Price and the booking is non-cancellable and non-refundable. For Day Use, the Transaction Price is paid by the Customer at the hotel. For Night Use, credit card details are needed in addition.

- If the submitted offer is not accepted, Visitor can try again and the system assists him in finalizing his offer in order to be successful.

The Accommodation is reserved upon receipt of the Booking confirmation. The Booking confirmation is sent to the Customer by email and, where applicable, also by text message. The Company cannot ensure or check receipt of the Booking confirmation when it is sent by email or text message. This shall not affect the validity of the Transaction.

11. PRICE & FEES

Total Price and Average Daily Rate are displayed on the Platform. Offer Price is submitted by Visitor on the platform. If Offer Price is accepted, Transaction Price is due by Customer.

Transaction Price is and shall at all times remain strictly confidential and shall not be disclosed to any third party.

All prices displayed on the Platform are inclusive of VAT and/or similar taxes. These prices are generally exclusive of any applicable tax, of which city or tourist taxes.

The Fee of the Company is due by Hotelier. In Night Use, the Transaction Price is paid by the Customer online on the Platform and excludes taxes paid at the hotel upon arrival. In Day Use, the Transaction Price is paid by the Customer at the hotel and generally excludes all taxes except VAT and/or similar taxes.

By confirming a Night-Use Transaction, the Customer agrees that the booking amount including VAT and/or similar taxes indicated in the Booking process will be charged directly to his/her credit card. 12. ACCOMMODATION PRICES

Unless specified otherwise in the booking conditions, all prices shall be per night, including VAT and/or similar taxes, for each individual Accommodation. The ancillary services or other applicable taxes or duties are to be paid for separately by the Customer. Local provisions determine which taxes and other duties are incurred for accommodation abroad.

If the currency selected by the Customer in the Price Offer differs from the currency requested by the Hotelier, the prices will be displayed in the currency selected by the Customer. The local currency specified in the price conditions is binding for the booking, and there may be exchange rate differences.

The final price agreed with the Hotelier before completion of the booking process is in any event decisive for the Customer. 13. PAYMENT SCHEME

13.1. Night Use stays


If the offer is accepted, the Company will ask the Customer his credit card information for payment processing purposes and the Payment Provider will process the payment of the Transaction Price. The Company shall not be held responsible for charges or Processing Fees related to an online payment and shall in no event be under the obligation to refund a User of the Platform. The payment of the Transaction Price will be processed in a secured way (SSL) through the Payment Interface of the Payment Provider. The Company will use the Payment Provider’s API interface and will at all times comply the current PCI-DSS rules.

You agree to pay the Prices applicable to the chosen Product as agreed upon between you and the Hotelier and you will not hold the Company liable for any charge or Processing Fee related to your payment. All Prices paid by Users in connection with the Products are non-cancellable and non-refundable. The Payment Provider delivers real time or near real time Transaction processing capability over the Internet with a high availability service level applying to the Payment Interface.

The Company guarantees not to copy, store, save, capture or intercept payment instruments related information such as credit card numbers, expiry date, holder name, card summary (last 4 digits), card BIN (6 first digits), card type, issuer, issuing country, CVV codes, passwords entered into the Payment Interface. Your credit card information will be transferred to the Payment Provider as encrypted data to the Payment Provider’s server. Encrypted data can only be decrypted by the Payment Provider. Notwithstanding the foregoing, a registered user can expressly consent that the Company may collect and process the following Personal Data related to the credit card registered in his/her user account in order to facilitate his/her future payment: - masked card number (four last digits); - expiration date of the credit card; - name of the owner of the credit card; and - unique number given by the Payment Provider for each credit card. The Company will keep a copy of all other electronic and records related to the Transactions and the ordering and delivery of the Products for 1 year subsequent to the Transaction being processed.

Credit card information will remain on User’s mobile or device and will not be saved by the Company. Notwithstanding the foregoing, Registered Users expressly Consent that the Bidding operator may collect and Process the Personal Data related to the credit card registered in their User Account in order to facilitate their future payment through the Bidding Engine. You understand and explicitly agree that the Payment Provider will act as data controller of your payment information. The Payment Provider will act as a provider of the payment services and will take all necessary steps to comply with the duties of due diligence and duties to report as set forth in the Swiss Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0). Upon request, you hereby agree to provide the Payment Provider with all information requested by the Payment Provider in relation to your business and to specific transaction in order to comply with the Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0). As a User, you hereby authorize and agree that Payment Provider shall debit (whether directly or indirectly via a third-party payment service provider, subject to that third-party service provider’s terms of use) your payment card of the amount of the Transaction Price.


The payment shall be taken by a debit of the Transaction Price from one of the acceptable payment methods listed on the Platform, which may include credit cards Visa and MasterCard. You will also be asked to provide the Payment Provider with customary billing information such as name, billing address and payment information. It is your responsibility to take all necessary measures to ensure that your password and credit or debit card details remain secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify the Company promptly if you discover or suspect that your password or credit or debit card information has become accessible to or has been misused by any unauthorized third party. If the Payment Provider believes that a security breach of any User has occurred, the Company will, upon request, mandate a third-party auditor approved by the Payment Provider to conduct a security audit of its systems and facilities and issue a report. In some instances, and in addition to the billing and payment information, the Company and/or the Payment Provider may request you to provide some proof of your identity and some information in relation to the funds used to proceed to the transaction. Payment details may also be requested by the Payment Provider. Such information can be requested at the time of ordering, during payment processing or at any other time thereafter. The Company reserves the right to cancel your order if you do not provide such proof of identity when requested. In order to enable the Payment Provider to comply with applicable law, including but not limited to anti-terrorism, financial services and other anti-money laundering laws and regulations imposing customer due diligence requirements, payment scheme requirement and TPPP’s requirement, the Company and/or the Payment Provider is/are entitled to request to any User the details, the economical background of the transaction and/or the beneficial owners of any transaction processed through the Platform (“Financial Data”). The Payment Provider is entitled to regularly get access to all Financial Data collected by the Company in relation to the transactions operated through the Platform. As a User and if requested, you agree to promptly provide the Company with all data requested by the Payment Provider in relation to a transaction and/or a Refund (including those needed for fraud checks). The Company will pay the Hotelier once a week (for confirmed bookings made the previous week in booking date), under deduction of the Transaction Fees due to the Company, provided the balance exceeds CHF 100.- (one hundred Swiss Francs) or the counter value in the Hotelier’s currency. If the balance is below CHF 100.- (one hundred Swiss Francs) or the counter value in the Hotelier’s currency, the Hotelier will be paid at the next payment period or at the latest on a quarterly basis.

13.2. Day Use stays The Transaction Price will be paid by the Customer at the hotel according to the payment policy and the accepted payment means.

The Company will send an invoice with the Transactions Fees to pay at the beginning of every month. This invoice covers all the Transactions that took place over the previous month. The Hotelier agrees to pay the Transaction Fees due to the Company within 10 (ten) days upon receipt of the invoice. 14. CANCELLATION & REFUND

The terms of the cancellation policy applicable to the order are displayed in your Booking confirmation.


Our cancellation policy is as follows:

- Customers: Once placed, Visitors and Users are not entitled to cancel their orders, except for Day Use stays where they can cancel their bookings through the Platform, without incurring any cancellation charges until the date of arrival.

- Hoteliers: After receipt of the Booking confirmation, Hoteliers are not entitled to cancel orders as they enter into a legally binding agreement with Customers to deliver the Products. In the event of force majeure or if a Hotelier has no choice but to cancel, the Hotelier shall find an equivalent Product for the Customer. Hotelier shall indemnify and hold the Company free from all costs and/or direct or indirect damages and/or fees (including chargeback fees, attorney’s and court fees) incurred by the Company as a result of a cancellation. In case of No-show for a Day-Use, the Hotelier is entitled to declare the Customer as No-Show on the Platform until 24 hours after check-out time.

- Company: The Company reserves the right to cancel any order at any time for security or fraud-protection purposes. In such instances, Hoteliers will receive no payment for the cancelled order.

The Company will not (i) give cash refunds to a User when the payment was made by a credit or debit card, other than when required by applicable law nor (ii) accept cash or other compensation for making a Refund to a credit or debit card. In the event of cancellation, the Company reserves the right to refuse to execute any Refund if it is prohibited by applicable law or does not meet the conditions of these Terms or those of the Payment Provider. In the event of credit card fraud or unauthorized use of your credit card by third parties, most Issuers bear the risk and cover all the charges resulting from such fraud or misuse, which may be subject to a chargeback. The Company shall not be responsible for any chargeback that you may have to pay following a Transaction operated on or through the Platform. Please check the Payment Provider’s and the Issuer chargeback policy for further details. You hereby agree not to oppose unduly to any payment processed through the Payment Provider. Should you unduly oppose to a payment, you hereby agree to indemnify and hold the Company free from all direct and indirect damages and/or fees (including chargeback fees, attorney’s and court fees) incurred by such undue opposition. To prevent abuse of the Platform and/or false or misleading reservations, the Company reserves the right to cancel bookings if it is not possible to contact the Customer using the contact details provided, or to send the Booking confirmation by email or SMS or if the Hotelier, for any reason, refuses the booking of this specific Customer. There is no right to Accommodation in such cases. 15. BOOKING AND RESERVATIONS

The Company transfers all reservations to the Hotelier on the Customer’s behalf. The data provided by the Customer (e.g. date of stay, contact details) must be accurate and complete in order to allow the processing of Transactions.

Various reservation options are displayed in the Bidding Engine and selected by the Customer. If the type of reservation chosen specifies a time limit for check-in, the reservation can be cancelled if the Customer arrives late. There is no claim to Accommodation after this time.

It is prohibited to sell on Accommodation(s) booked through the Bidding Engine. This includes in particular the resale of Accommodation(s) to third parties at higher prices. The Company reserves the right to exclude Customers or Hoteliers in the future should they violate this rule. The Hotelier is also entitled in such cases to cancel the Transaction. If this occurs, the Customer or the Hotelier


shall pay cancellation fees and reimburse any losses suffered by the Company and/or the Hotelier, including the full amount received in breach of these GTCs.

The Accommodation is booked upon receipt of the Booking confirmation. The Booking confirmation is sent to the Customer by email and, where applicable, also by text message. The Company cannot ensure or check receipt of the Booking confirmation when it is sent by email or text message. This shall not affect the validity of the Transaction.

The Bidding Engine will require prepayment depending of the type of stay booked by the Customer. For Night Use, bookings can only be made by Customers with a credit card, to which the Bidding Engine will charge the booked Accommodation immediately. For Day Use, the Hotelier settles the costs directly on-site with the means of payment accepted by the Hotelier. 16. CHANGES

In case of Night Use, the Customer is obliged to pay the agreed price for the Accommodation (or part thereof) to get a confirmed booking through the Platform even if the Accommodation is not used by the Customer later on. A Night use is always non-cancellable and non-refundable.

Changes to Night Use bookings are not possible through the Platform and can only result in a direct agreement between the Hotelier and the Customer. Changes agreed between the Hotelier and the Customer should have no impact on the Transaction price.

In case of Day Use bookings, the Customer is entitled to cancel the Transaction before the arrival date. The Hotelier can also declare on the Platform the Customer who did not come according to the booking, up to 24 hours after check-out time.

To prevent abuse of the Platform and/or false or misleading reservations, the Company reserves the right to cancel a Transaction if it is not possible to contact the Customer using the contact details provided, or to send the Booking confirmation by email or SMS or if the Hotelier, for any reason, refuses the Transaction of this specific Customer. There is no right to Accommodation in such cases. 17. CATEGORIES

All information on and descriptions of the Accommodation are based on the Hoteliers’ own information. The Company has no influence on this information and does not assume any responsibility for the accuracy or completeness thereof.

The Accommodation offered is categorized based on the standard categories of rooms. In addition to the categories in other classification systems (for example, the classifications prescribed by law), the Platform allows Customers’ experiences and reviews and information from Hotelier that the Company may not have checked and has no obligation to check. The classification merely provides non-binding information on the standard and features of the Accommodation. The Company shall not be responsibility for any false or misleading classification on the Platform. 18. CUSTOMER REVIEWS

The Company offers the Customer (only Registered users) the option to submit reviews or additional content and images on the online portal. The Customer alone is responsible for all content that he/she provides on or through the Platform (e.g. reports/images/videos).

The Customer and any third parties are prohibited from uploading content to the Platform that is untrue or misleading, in particular by submitting inaccurate and/or unobjective reviews of accommodation, persons at the accommodation, leisure facilities and other conditions/events at the accommodation that could affect decisions made by other Customers.


- that is derogatory, insulting, offensive, threatening, pornographic or racist:

- that violates third-party property and/or personal rights or is otherwise illegal;

- that advertises products, services or companies, either overtly or covertly; in particular by submitting reviews for which the customer has been offered payment, or by reviewing accommodation offered by providers for which the customer works or

- that includes links or similar information/references that serve to affect the functioning of third-party computers. If the Customer violates these conditions on the uploading of content, the Company is entitled to amend or delete in full content without notifying the customer and without specifying reasons.

19. NO-SHOWS

For Night Use, the Fee is due by the Hotelier and the Transaction Price is due even in the event of no show.

For Day Use, no Fee is due by the Hotelier and no payment nor penalty are due by the Visitor. 20. NON-CIRCUMVENTION

By using the Platform and/or the Services, you take the full commitment not (a) to use the information, material and content available on the Platform for competing, directly or indirectly, with the Company (b) to circumvent the Company by entering into an agreement directly with any Hotelier registered on the Platform (c) to manipulate our billing process in order to appropriate fees owed to the Company and/or the Hotelier (d) to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software, Products or Services available on the Platform for any commercial or competitive activity or purpose (e) use any robot, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the Platform. Should you do so, please be informed that you may be irrevocably banned from using the Services and the Company reserves to claim for damages and/or to request injunctions. 21. FRAUD CHECKS & CONTROLS

The Company will ensure all data that the Payment Provider requests to be provided for a Transaction, including those needed for fraud checks, are provided to the Payment Provider with each Transaction submitted for processing. You hereby agree to provide the Company upon the first request with all data requested by the Company for processing your Transaction.

All Transactions processed by the Payment Provider will be screened and a number of checks on the Transactions will be done by the Payment Provider. 22. PROHIBITED ACTIONS

You agree not to do any of the following actions in connection with your use of the Services and not to use the Platform in order to:

a. intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;

b. distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;


c. upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform, the Website, the Services or the interests or property of the User or of the Company;

d. export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

e. copy, scrape, extract, modify, or distribute rights or content from the Platform and/or Services in any way, including through robots, spiders or any other software or technology;

f. commercialize any application, code or any information or software associated with such application and/or the Platform without the prior consent of the Company;

g. upload, post, transmit, distribute, store or otherwise make publicly available on the Platform any private information or personal data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers;

h. harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Service;

i. take any action that may undermine the feedback or ratings systems available on the Platform (such as displaying, importing or exporting feedback information of the Platform, trading reviews with other Users or writing or soliciting reviews or using feedback information for purposes unrelated to the Company);

j. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

k. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose the Company or its Users to any harm or liability of any type;

l. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;

m. you shall not use the Services in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage;

n. you shall not copy, modify, distribute, sell, or lease any part of the Services and/or the Platform.

o. you may not reverse engineer or attempt to extract the source code of the Platform; p. you may not interfere or attempt to disrupt the Services and/or the Platform in any way.

23. THE COMPANY'S ROLE

While the Company helps make possible Transactions that are carried out using the Services, the Company is neither the Customer nor the Hotelier and does put itself any Product on the market. The Company is not an auctioneer. The Company provides a venue for Customers and Hoteliers to negotiate and complete Transactions in accordance with the provisions of these Terms. A Hotelier is not an employee or agent of the Company, nor is the Company an agent of the Hotelier. Accordingly, the agreement made at the completion of a Transaction is solely between Customer and Hotelier. The enforcement of any contractual obligations arising out of the completion of a Transaction using the Services is the responsibility of the Customer and the Hotelier that are the parties to that Transaction.

The Company shall not be responsible in any manner whatsoever with respect to the Transactions or any claims or dispute which might arise between Customers and Hoteliers. Customers and Hoteliers use the Services and consummate these Transactions at their own risk.


The Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of any Product made available through the Platform.

The Company cannot and have no control over the behavior of Users. Therefore, the Company cannot accept any liability arising from the Products available on the Platform and/or for errors or omissions in the Hotelier’s descriptions of the Products or in relation to any Transaction.

By ordering Products through the Platform, you enter into a direct (legally binding) contractual relationship with the Hotelier only. As a Customer, you are solely responsible for understanding the terms of the agreement you are entering into with the Hotelier. The Company shall in no event be held liable for the agreement between Customers and Hoteliers.

Please note that the Company is not itself a party to any Transaction and disclaims all liability arising from or related to any such Transactions to the fullest extent permitted by law. Your Transactions, communications and interactions with any other User, including Transactions, communications and interactions initiated through the Services, are solely between you and such User, and you are solely responsible for such Transactions, communications and interactions.

You acknowledge that the Company does not offer Products itself and does not act as an agent for any Hotelier. Instead, the Company provides the Services in order to allow Customers and Hoteliers to transact and communicate directly with one another. The Company may, but has no obligation, to monitor disputes between you and any other Users relating to the Services.

By providing the Services, you acknowledge that the Company does not: (i) act as the Users’ disclosed agent or intermediary in the name of and on behalf of Hoteliers registered on the Platform, and not in any way in its own name, acting in that capacity, in taking part in, the Transactions between Users; and (ii) is not and cannot be itself a Hotelier. The Company’s role is solely to facilitate the availability of the Platform and the Services for Users and to provide certain Services related thereto. The Company does not upload, purchase, buy-in, sell, own or provide any Product on or through the Platform.

THE COMPANY CANNOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR INACCURATE OR MISLEADING OR IN ANY OTHER MANNER DECEPTIVE INFORMATION UPLOADED BY USERS ON THE PLATFORM.

THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USER AND YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS.

THE COMPANY CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ERRORS (INCLUDING MANIFEST AND TYPOGRAPHICAL ERRORS), ANY INTERRUPTIONS (WHETHER DUE TO ANY (TEMPORARY AND/OR PARTIAL) BREAKDOWN, REPAIR, UPGRADE OR MAINTENANCE OF THE PLATFORM) OR OTHERWISE, INACCURATE, MISLEADING OR UNTRUE INFORMATION OR NON-DELIVERY OF INFORMATION. EACH USER REMAINS RESPONSIBLE AT ALL TIMES FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE (DESCRIPTIVE) INFORMATION (INCLUDING, AVAILABILITY AND ANY PERSONAL DATA OR OTHER INFORMATION) DISPLAYED ON THE PLATFORM.

YOU HEREBY IRREVOCABLY RELEASE THE COMPANY (AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS AS CUSTOMER OR HOTELIER.


YOU SHALL INDEMNIFY AND KEEP THE COMPANY AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND REPRESENTATIVES) AGAINST ANY CLAIM OR ACTION OR DAMAGES IN RELATION TO SUCH DISPUTE AND/OR YOUR TRANSACTIONS AS CUSTOMER OR AS HOTELIER. 24. REVIEWS, COMMENTS AND RATINGS

Users may leave reviews, comments or ratings ("Customer Reviews") on the Platform relating to the quality of the Products and services of the Hoteliers.

You acknowledge and accept that your Customer reviews will be publicly available for viewing via the Services and/or the Platform. The Company is not responsible for checking or editing your Customer reviews or feedbacks.

You hereby assign all your Intellectual Property Rights that may exist on your Customer reviews to the Company.

YOU HEREBY IRREVOCABLY RELEASE THE COMPANY FROM AND WAIVE ALL RIGHTS AGAINST THE COMPANY IN RESPECT OF ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY DEFAMATORY, INFRINGING OR ILLEGAL CUSTOMER REVIEWS MADE BY YOU OR ABOUT YOU IN SUCH CUSTOMER REVIEWS.

Customer reviews merely reflect the personal opinion of their authors. The Company does not endorse Customer reviews. The Company has no influence on the form, content and user IDs used for these Customer reviews and therefore assumes no responsibility in this respect.

The Company will submit the Customer reviews to the Hotelier for validation.

Once a Customer reviews is posted on the Platform, the Company will remove it only it is ordered to do so by a Court or if such removal is possible according to the Company’s internal removal policy. Upon notification, the Company may, at its sole discretion, takedown a Customer reviews that contains, in the sole judgment of the Company, defamatory, infringing or illegal information.

In no event shall the Company be held liable for any Customer reviews posted on the Platform.

You agree to fully indemnify (including Court and attorney fees) and hold harmless the Company and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a third party, arising out of or in connection with any Customer reviews left by you on the Platform. Should you have any claim against any other User, You shall address such dispute directly to such User. 25. ELECTRONIC COMMUNICATIONS

When you use the services, or send emails to the Company, you are communicating with us electronically. In order to duly complete and secure your reservation, you need to use your correct email address. The Company is not responsible or liable for any wrong or misspelled email address or inaccurate or wrong personal data submitted to the Company.

By using the Platform, you agree to receive to receive electronically any communications related to your use of the Services and/or the Platform, including an email confirming your booking and providing you with all the details relevant to your booking and an email after your stay inviting you to review the Product and the Services.

We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended


for receipt by you shall be deemed delivered and effective when sent to the email address you provide using the Services for your account. 26. INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights and all other proprietary rights in relation to the content available on the Platform (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement, but excluding all User Content and payment provider API and software) (hereinafter “Platform Content”) are the exclusive property of the Company or its licensors. Our rights to the Platform Content include rights to (i) the Platform (ii) the Services developed and provided by the Company; and (iii) all designs, layouts, software, displayed and technical information associated with the Services or the Platform. All Intellectual Property Rights in the Platform Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.

Any other use of the Platform Content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.

Subject to these Terms and for the purpose of using the Platform and benefiting from the Services, the Company grants you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the Platform Content on your computer screen or mobile devices, such as smartphones or tablets.

Subject to these Terms, the Company grants you a limited, non-transferable, non-exclusive license to use and display the Platform on your devices.

Subject to these Terms, the Company grants the Hotelier a non-exclusive, limited, and revocable license to use its Intellectual property rights for the purpose of making use of the Platform and displaying, using and making available the Bidding Engine and the Platform content on the Hotelier’s website under the White Label. This license is neither assignable nor sub licensable.

The Users grant to the Company a non-exclusive, royalty-free license to use, reproduce, make available by any means and display the user content, including copyrighted content, brand and trademark, registered or not, on the Platform for the purpose of providing the Bidding Engine on the Hotelier’s website.

By uploading User content on the Platform, you certify, warrant and agree that you own the copyright to the User content and that you agree that the Company may use the uploaded User content on its Platform and its Website, and in (online/offline) promotional materials and publications and as the Company at its discretion sees fit. The Users grant to the Company a non-exclusive, royalty-free license to use, reproduce, make available by any means and display the User content, including copyrighted content, brand and trademark, registered or not, on the Platform for the purpose of providing the Bidding Engine on the Hotelier’s website.

By uploading the said User content, you accept full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Hotelier) due to the Company publishing and using these User contents. The Company does not own or endorse the User contents that are uploaded. The truthfulness, validity and right to use of all User content is assumed by the person who uploaded the content and is not the responsibility of the Company. The Company disclaims all responsibility and liability for the User content posted. The person who uploaded the User content warrants that the User content shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or


inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any User content that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by the Company at any time and without prior notice.

You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (“Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

The Company and its licensors own and shall retain all Intellectual Property Rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Platform.

The Company, together with its licensors expressly reserve all Intellectual Property Rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Services or the Platform or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Company. 27. TRADEMARKS

Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Services. Access to the Services does not authorize anyone to use any name, logo or mark in any manner whatsoever.

"PrivateDeal ®" is a registered trademark and www.privatedeal.com a domain name owned by the Company. The trademark "PrivateDeal ®" together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Platform are the trademarks or trade dress of the Company ("Marks"). You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Marks without the prior written permission of the Company.

Any goodwill accruing out of the use of the Company's and the Marks, trade and business names and service marks will vest in the Company and its affiliates, as the case may be. 28. TERMINATION

You may terminate your account and stop using the Services at any time and without notice to the Company. Similarly, you can terminate these Terms, access to the Services, or any current Transactions at any time without notice or Court order.

The Company may terminate or suspend your account or ability to use the Service, in whole or in part, in the event that (i) you violate these Terms or violate any other rules that govern the use of the Services, including policies, (ii) your conduct may harm the Company, Users or others or cause the Company or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by the Company in its sole discretion.

The Company may modify and adapt the Services, and all Platform Content and other items used or contained in the Service, at any time.


The Company is entitled at any time to delete your user account and block your access to the Platform in the event it considers that your use of the Platform does not fully comply with these Terms of Use or with any applicable laws.

In any case, the Company reserves the right to terminate Service of anyone at any time without notice for any reason.

Your access to, use of, or participation in the Service, including any content therein, may be prevented by the Company at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, the Company will remove your profile and all your information from the Platform.

Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights and conservation of certain information for a certain period of time. 29. RESERVATION OF RIGHTS

The Company retains the right to, in its sole discretion, immediately terminate any Transaction; prevent or restrict access to the Services or the Platform; or take any other action to restrict access to or availability of or remove any objectionable Product, material, feedback, ratings, inaccurate listings, unlawful or prohibited Products. The Company reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. The Company reserves the right to refuse listings of Products or to immediately remove any listings where the Company objects to how you identify yourself using the Services (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name.

The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Services, the Platform and any other unlawful acts or acts or omissions in breach of these Terms, including in relation to Products. 30. THIRD-PARTY PRODUCTS AND CONTENT

You agree that the Company does not assume responsibility for any Products, User content, content, reviews, feedbacks, services, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that the Company will have no liability based on such purchase, use or access. 31. SERVICE PROVIDED “AS IS” AND RELEASE OF CLAIMS

THE SERVICES AND THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE".

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN RELATION TO THE SERVICES OR THE PLATFORM. IN ADDITION, THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS REMAINS SOLELY WITH YOU.


YOU AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES IS/ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY USER OR FOR ANY SERVICE OR PRODUCT PROVIDED BY ANY USER. NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY USER OR WITH ANY PRODUCT OR SERVICE AVAILABLE ON THE PLATFORM.

Any warranty, condition or other term arising out of or in connection with the Services or the Products which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you ordered the Products or used the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

If you have a dispute with one or more User(s), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

32. DOWNTIME

Since the Services and the Platform are web-based, they might be subject to temporary downtime.

From time to time we also update or maintain the Platform, which will result in the Platform not being available for a certain period of time. We do not warrant that the Platform and the Services operate uninterrupted or error free. We are not responsible for any damages or losses suffered by You as a result of any failure or interruption of the Platform, suspension of your access to the Platform, including any damage occurring as a direct or indirect result of a missed Transaction. 33. LIMITATION OF LIABILITY

These Terms set out the full extent of our obligations and liabilities with respect to the Services and the provision of the Platform.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXCLUDES: (I) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND (II) ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL, CLIENT INSATISFACTION, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY USER IN CONNECTION WITH THE PLATFORM, THE SERVICES, THE PRODUCTS AVAILABLE ON THE PLATFORM OR THESE TERMS.

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM, THE SERVICES, ANY PRODUCTS SOLD ON OR THROUGH THE PLATFORM. THE COMPANY WILL NOT BE LIABLE FOR THE QUALITY, HEALTHINESS, OUTLOOK OF THE PRODUCTS AVAILABLE ON THE PLATFORM. THE COMPANY WILL NOT BE LIABLE FOR THE NON-COMPLIANCE OF THE HOTELIER OR THE CUSTOMER WITH THESE TERMS.


THE COMPANY WILL NOT BE LIABLE IN ANY WAY IF PRODUCTS MADE AVAILABLE ON THE PLATFORM ARE NOT AVAILABLE. THE COMPANY WILL NOT BE LIABLE FOR ANY ADVERTISEMENT MADE IN RELATION TO PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM.

THE COMPANY IS NOT LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE SERVICES DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL OR THAT ONLY IMPEDE USE OF THE SERVICES TO A NEGLIGIBLE EXTENT.

THE COMPANY IS NOT LIABLE FOR THE COMPLETION OF A BOOKING FROM AN HOTELIER, NOR IS IT LIABLE FOR DEFECTS OR DAMAGE INCURRED IN CONNECTION WITH THE HOTELIER’S RENDERING OF THE ACCOMMODATION SERVICE. THE COMPANY MAKES NO ASSURANCES IN RESPECT OF THE FULFILMENT OF PARTICULAR REQUESTS MADE BY THE CUSTOMER AND ALSO ASSUMES NO GUARANTEE IN THIS RESPECT.

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN GERMANY AND AUSTRIA, THE COMPANY’S LIABILITY FOR SLIGHT NEGLIGENT BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS SHALL BE LIMITED TO THE AMOUNT OF THE DAMAGE TYPICALLY FORESEEABLE AT THE TIME OF THE CONCLUSION OF THE CONTRACT. “MATERIAL CONTRACTUAL OBLIGATIONS” ARE THOSE OBLIGATIONS WHICH PUT THE USER INTO EXACTLY THIS LEGAL POSITION TO WHICH HE SHALL BE ENTITLED PURSUANT TO CONTENTS AND PURPOSE OF THE CONTRACTUAL TERMS AS WELL AS SUCH OBLIGATIONS, WHOSE PERFORMANCE ONLY WILL MAKE POSSIBLE PROPER PERFORMANCE OF THE CONTRACT AND ON WHOSE FULL COMPLIANCE THE USER REGULARLY RELIES AND IS ENTITLED TO RELY.

IN ANY EVENT, THE COMPANY, AND ITS AFFILIATES, WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR ANY TRANSACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, MORE THAN THE VALUE OF THE RELEVANT TRANSACTION.

WHETHER OR NOT THE HOTELIER HAS CHARGED YOU FOR THE SERVICE YOU BOOKED, OR IF WE ARE FACILITATING THE PAYMENT OF THE SERVICE PRICE OR FEE, YOU AGREE AND ACKNOWLEDGE THAT THE HOTELIER IS AT ALL TIMES RESPONSIBLE FOR THE COLLECTION, WITHHOLDING, REMITTANCE AND PAYMENT OF THE APPLICABLE TAXES DUE ON THE TOTAL AMOUNT OF THE SERVICE PRICE OR FEE TO THE RELEVANT TAX AUTHORITIES. THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR THE REMITTANCE, COLLECTION, WITHHOLDING OR PAYMENT OF THE RELEVANT TAXES DUE ON THE SERVICE PRICE OR FEE TO THE RELEVANT TAX AUTHORITIES. THE COMPANY DOES NOT ACT AS THE MERCHANT OF RECORD FOR ANY SERVICE MADE AVAILABLE ON THE PLATFORM.

YOU UNDERSTAND AND AGREE THAT BY FILING ANY CLAIM MORE THAN THIRTY (30) AFTER THE DISCOVERY OF THE ALLEGED LIABILITY, YOU WILL BE DEEMED TO HAVE FORFEITED YOUR RIGHTS. ANY SUCH CLAIM SHALL BE TIME-BARRED. 34. FORCE MAJEURE

THE COMPANY CANNOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE, LOSS, DELAY, OR INCONVENIENCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO WAR, THREAT OF WAR, RIOTS, CIVIL STRIFE, OR TERRORIST ACTIVITY, INDUSTRIAL DISPUTES, NATURAL OR NUCLEAR DISASTERS, FIRE, AIRPORT CLOSURES, BAD WEATHER CONDITIONS, INTERRUPTION OR FAILURE OF A UTILITY SERVICE OR THE ACTS OF ANY LOCAL OR NATIONAL GOVERNMENT. WE RESERVE THE RIGHT TO CANCEL ANY TRANSACTION AFFECTED BY SUCH CIRCUMSTANCES WITHOUT ANY OBLIGATION TO INDEMNIFY USERS. 35. INDEMNIFICATION


You agree to defend, indemnify and hold harmless the Company and its affiliates with their respective shareholders, officers, directors, employees, agents (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or of the Platform or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation. 36. LINKS

Links on Platform to other companies’ (third-party providers’) websites, including Hoteliers’ websites, are solely provided in the Customer’s interest. The Company has no influence on the content of third-party providers’ websites. The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content. 37. ENTIRE AGREEMENT & SEVERABILITY

These Terms, the Privacy Policy and the applicable policies, subject to any amendments, agreements with Hoteliers or modifications made by the Company from time to time, shall constitute the entire agreement between you and the Company with respect to the Services, the Products or the Platform and any use thereof. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect. 38. NO WAIVER

The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole. 39. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation. 40. ENGLISH VERSION

If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy or the policies shall be for convenience only. 41. GOVERNING LAW AND JURISDICTION

The Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland. 42. CONTACT

PrivateDeal SA, CHE-132.791.14, Route de Cojonnex 18, c/o Ecole Hôtelière de Lausanne, 1000 Lausanne 25, Switzerland, [email protected]


Documents

PrivateDeal ® TERMS & CONDITIONS · 2 days ago · Terms & Conditions PrivateDeal – February 2020 2 “Night Use” means the use of a hotel room during night time “Offered price”