Public Offer Agreement between Emerging Travel Inc. and the User
The given public offer of the company Emerging Travel Inc. (3500S. DuPont Hwy in the City of Dover, County of Kent 19901, Delaware, USA) (hereinafter – “Company”) is an official offer, which is addresses to the users of the hotel reservation service Zenhotels.com (hereinafter – “User”), willing to conclude agreement about hotel checking-in (accommodation), with which the Company cooperates, on the terms, specified in the given offer (hereinafter – “Offer”).
The given document is a public offer.
The given public offer (hereinafter – “Agreement”) is concluded according to a special procedure: the User accepts the given public offer, which contains all substantial provisions of the Agreement, without being signed by the Parties. The given Agreement is legally binding and is of equal value to the agreement signed by the parties.
The given Agreement is an adhesion contract. The making of a mark by the User at the last stage of Booking of a mark “I accept the rules of the public offer and agree to the rules of processing of personal data” is a fact confirming full and unconditional acceptance of the conditions listed below, and the acceptance of the public offer.
The given Agreement is considered to be concluded in the moment when the Company receives the Acceptance of the User. The acceptance is considered to be received by the Company at the moment when the User presses the button “TO BOOK”.
Terms and Definitions
Booking means actions of the User that result in the completion of the Website reservation of services of the Hotels that the User chose on the Website or that result in the full payment of the reservation made by the User.
Checking-in (accommodation) Agreement means the agreement concluded between the User and the Hotel at the moment when the User books the Hotel services, according to which the Hotel is obliged to provide the User with the Services, specified in the Voucher.
Voucher means official confirmation in English of the Booking made by the User, which contain all necessary information about the Hotel, including name, location of the Hotel, dates of checking-in and checking-out, information about room category and date of booking formation, beds configurations, information about advanced payment (if any), terms about possibility and terms of cancellation of Booking, Date of penalty sanctions per Refundable rate, responsibility of the User for non-compliance with the policy of Booking cancellation established by the Hotel, responsibility for not Checking-in of the User in the booked suite, other information, established at the discretion of the Hotel.
Refundable rate means rate of Services booking established unilaterally by the Hotel, cancellation of which is allowed by the User until the date of penalty sanctions coming into force.
Date of execution of penalty sanctions means the dateuntil which the Booking at Refundable rate can be cancelled by the User, and after which subject to the rules established by the Hotel the User is charged penalty or the Refundable rate becomes Non-refundable. Date of execution of penalty sanctions is specified at the Hotel webpages, booking pages, pages o entering of the banking card, in Voucher and in User account.
Personal account means website section for the registered Website Users, which contains, among other things, instruments for managing the Booking of the User.
Non-refundable rate means cost of Booking services, established unilaterally by the Hotel, the cancellation of which by the User is not allowed, and in case of the cancellation the cost of Booking is fully or partially unilaterally deducted by the Hotel from the User.
Not checking-in means non-attendance of the User to the Hotel for the registration into the booked room until the time, specified in Voucher.
Room means a room in the Hotel (and in applicable cases also house (villa) and their parts, suite of rooms, bed in communal areas and others) which is a subject of the Checking-in (accommodation) Agreement.
Operator means employee of the Company, who provides all necessary help to the user in Booking, and who also assists on behalf of the Company in regulating of any problems, connected with the Booking.
Hotel means any rooms (hotel, vacation hotel, health resort, recreation facility, guest house, hostel etc.) which were booked by the User. The parties agreed to hereinafter use general term “Hotel” as a name of the place of accommodation of the user notwithstanding of the supposed place of its real accommodation under the Accommodation agreement.
Cancellation policy means conditions of Room booking cancellation, made by the User, which were established unilaterally by the Hotel, including responsibility (forfeit) for non-compliance with the given conditions.
User means a capable person aged 18 or over who has a legal right to enter into an agreement with the Company, as well as use Booking services who has concluded the given Public offer agreement with the Company by accepting the given Offer subject to the terms and conditions set forth by the given Offer.
Services means services of accommodation in the Hotel Rooms, and other services provided for by the Hotel at the website.
Booking System (System) means the software complex that is available on the Website for the purpose of searching information about Hotels and their services, Booking Hotel rooms and paying for such Bookings. Data in the Booking System may be changed or extended at any time, hence the User is deemed to use the Booking System “as is”.
Website means the public Internet resource that belongs to the Company and/or its affiliates and is located at: https://www.zenhotels.com/, its version, meant for mobile devices, including applications (programs), its fragments, which are the integral part of other resources (websites) with permission (consent) of the Company and/or its affiliated persons, and Partners’ websites and third parties of the Company, which use the Company services.
General provisions
The Company is a person, which renders to the Hotel services on customer engagement, including the following services:
If the user successfully carries out Booking at the Website, the Accommodation agreement is concluded between the User and the Hotel. The Company, being a person rendering to the Hotel services on attracting clients, does not take part in the relationships of the User and the Hotel, excluding the cases which are listed in the given Offer.
Services rendered by the Company to the Client involve rendering the opportunity to the User to make Booking in the chosen Hotel, and helping in settling disputable situations which arise during relationships of the User and the Hotel regarding the Accommodation agreement. The Company does not charge any fees from the User for rendering services under the given Offer.
The User expresses his or her consent with the Agreement by checking the box “I accept the terms of the Public Offer Agreement” on the final phase of Booking on the Website. By agreeing with the terms of this Agreement, the User confirms his or her rights, i.e. legal capacity and solvency, and his or her awareness of the responsibility that he or she assumes under this Agreement.
The User confirms the authenticity of his or her personal data, as well as that of the third parties indicated in the Booking, and accepts full responsibility for its accuracy, completeness and authenticity. The User shall bear all possible commercial risks (making a new booking, rate change, non-refund or partial refund of the booking cost etc.) related to his or her faulty actions that caused errors and inaccuracies in the given personal data.
Company provides safety of the User’s personal data and the data of the third parties, for whom/on whose behalf the User makes Booking, while its processing. The User giving his consent at the final stage of Booking on processing the personal data is an essential prerequisite for the successful completion of the booking procedure.
The User agrees to use the Website exclusively to make Bookings for his or herself, or for third parties for whom the User is entitled to make Bookings; such third parties must be informed of the conditions of the Booking that the User makes in their interest, including all applicable rules (including, but not limited to Cancellation policy) and limitation applied to the Booking. The Company reserves the right to amend this Agreement, hence when the User makes a Bookingor pays for the Booking, the User accepts the updated or amended Agreement.
Booking formalization
To use the services of the Company, the User must fill in the online Booking form on the Website.
When making the Booking, the User must fill in all the fields listed in the Booking system as "obligatory".
The User confirms the accuracy of the personal data that he or she fills in on the Company's Website, as well as the personal data of third parties for whom the User makes the Booking. The User assumes full responsibility for the accuracy, completeness and authenticity of such data.
The User gets acquainted with all the conditions of Booking in the process of Booking. If the User does not understand any provisions of the Booking, including the fault conditions, return, making adjustments to the Booking made, the User should obtain the information from the Operator. If the Booking is made without Operator, the User confirms that he understands all rules and conditions of the Booking.
Immediately after completion of Booking by the User he can see the confirmation of Booking at the website, and the Voucher is sent to the e-mail indicated by the user while booking. Operator can reach to the User to obtain or transfer additional information. Bookings, which are made by User at the website, and the information, which is contained in the Voucher, sent to the User, are conclusive.
If making booking at Refundable rate, the User confirms his acquaintance and consent with the Date of execution of penalty sanctions and other applicable conditions of cancellation/changing of Booking.
If making booking at Non-refundable rate, the User realizes the consequences of such Booking, and in advance agrees to the deduction which is specified by the Hotel in case of Booking cancellation. The User agrees to suffer consequences, connected with the Booking at Non-refundable rate.
Booking changing and cancellation
If it is necessary to cancel the Booking at Refundable rate the User can either address the Operator to cancel the Booking or cancel the Booking independently in his Personal account. The order is considered to be cancelled (terminated) from the moment when the Company sends the confirmation of Booking termination to the e-mail address of the User, specified while Booking. The penalty for the Booking cancellation (if any) is specified at the website.
If it is necessary for the User to change the Booking at the Refundable rate the User should cancel the Booking in Personal account and form a new Booking or to address the Operator. At the same time the Company does not guarantee the same price, the places in Hotels, type of room for accommodation and other conditions of an original Booking.
The User takes all possible risks connected with changing of the Booking ( necessity of an additional payment to the sum of the Booking made, making of a new Booking, rate change, return of the money excluding the fees for the Booking cancellation etc.).
If the User cancels the paid booking at the Refundable rate the price of the cancelled Booking, excluding the penalty sanctions for cancellation/changing of the Booking, foreseen by the Hotel (if any) is transferred to the User by the Company at his account, from which the payment was carried out. When carrying out the Booking, the User agrees that the Company in the interests of the Hotel withholds the sum of the penalty sanctions for the changing or cancellation of Booking. The money is returned to the User’s account within 14(fourteen) working days from the date of cancellation of Booking. By virtue of specific character of financial operations the time between the return operation and real money crediting to the User’s account depends on internal banking procedures and the speed at which the emitter of the User processes the data, and the Company is not responsible for these.
The User can ask for changes or cancellation of the Booking made at Non-refundable rate, having reached the Operator, or having directed the written application at the Company’s legal address.
If the Company receives the request for cancellation or changing of the Booking at the Non-refundable rate from the User, the Company reaches out to the Hotel to solve this issue. The possibility of cancellation of changing of the Booking in this case depends solely on Hotel. The Company does not guarantee the positive answer from the Hotel regarding the request about cancellation or changing directed by the User at the Non-refundable rate, bus is obligated to commit necessary actions to resolve the issue in the User’s interests.
If the user does not check in to the Hotel, or changes or cancels the paid Booking, or the Booking, at which the User presented to the Hotel the requisites of his banking card to guarantee the Booking, the sum of the penalty sanctions set forth by the Hotel or the cost of the Booking at the Non-refundable rate can be written off of detained from the User by the Hotel fully or partially.
Booking payment
The Booking price is indicated on the Website inside the generated Booking in accordance with the selected services. If there are any errors in the shown Booking price, the Company shall inform the User as soon as possible. The user may choose to confirm the Booking at the corrected price or cancel the Booking. If it is impossible to reach the User, such Booking shall be canceled.
If the Client pays for the Booking with the banking card at the Website, the Client transfers the money in the amount of the price of the Booking directly to the Company or its subsidiary – LEASIDE SERVICES LIMITED (location address: 17 Ifigeneias Street, 2007, Strovolos, Nicosia, Cyprus, registration number HE 342401).
The User pays for the Booking directly at the Website by paying for the Booking by banking card or carries out payment of the Booking directly to the Hotel after the registration in the Hotel. At the same time the Company does not participate in interrelations of the User and the Hotel, connected with the payment of the booking, cost of which is paid by the User directly in the Hotel. In order to guarantee the payment of the cost of Booking in the Hotel, the Hotel may need the information about User’s banking card.
When providing information about banking card, the User confirms, that he read und understood with the conditions of the Booking (including the conditions of changing/cancelling of Booking) of the chosen Hotel and agrees to them. The User does not have the right while Booking to give the banking card details which does not belong to him, excluding the case when the user got consent of the owner of the banking card to carry out the Booking subject to conditions of the Hotel chosen and the given Offer and is an authorized person of the owner of the banking card.
The owner of the banking card in any case bears responsibility for the safety of the information concerning bank card, and for any actions, which are carried out with the use of such data.
The bank card data while its transfer are protected by the SSL Technology (Secure sockets Layer). Company also takes measures on securing the safety of the data of the payment cards of the User on the basis of the standards of PCI DSS (Payment Card Industry Data Security Standard).
Bank card transactions are authorized by the bank. If the bank has reason to believe that an operation is fraudulent, the bank is entitled to decline the operation. In order to avoid cases of unlawful use of bank cards, Bookings, formed at the website and paid for by bank card can be verified by the Company.
When the User uses a bank card to guarantee the Booking or pay for the Booking, he or she agrees to the withdrawal of the guarantee amount that secures the User’s check- in at the Hotel or the full Booking cost in the currency of the Hotel, the service provider or the currency shown on the Website. When the User provides data of bank card in order to guarantee the Booking the Hotel has the right to carry out pre-authorization of the monetary means at the User’s bank card in the amount of one night of living or the whole period of living to check the paying capacity of the User. The User’s card issuing bank converts the stated amount into the currency of the card according to the bank’s internal rate, so the amount in the currency of the card may differ from the amount shown on the Website and exceed the initially stated amount. When making a Booking, the User accepts the terms of booking cost calculation and its charging on the User’s bank card.
The User can be offered other payment methods in a manner and terms specified at the Website while making Booking. The User agrees that pursuant to local legislation of some countries additional taxes may be charged (tourist tax etc.) and shall be paid by the User.
Conditions of Booking Completion
All Booking conditions, including: possibility of making changes in the formation of Booking, cancellation of Booking, applicable penalties in case of cancellation or changing of the Booking, consequences of not checking-in of the User into the Hotel, as well as other conditions of rendering services are defined by the rules of the Hotel on Booking cancellation b and are specified at the Website at the Hotel’s page and in the process of Booking. The Conditions of Booking at the Website can be changed in any moment, at the same time the changes come into force from the moment when they are published at the Website.
By making a Booking, the User confirms that he or she agrees with the hotel Booking conditions (including the required disclaimer) and this offer, actual for the moment of Booking. If the User does not agree with this offer and hotel Booking conditions, the Company shall refuse to render services and to complete the booking for the User.
Bookings that have been made by the User are final.
If there are any circumstances which do not allow the checking-in into the Hotel caused by the Hotel fault (overbooking/kickout), the Hotel or Company can change the Hotel, which was confirmed earlier, to the same Hotel with accommodation in the rooms of the same high category without charging additional payment.
The Hooking is carried out only if the User indicates actual and correct information while registration, including information about third persons and full payment in time, if the advanced payment is necessary according to the terms of Booking.
Intellectual property
All information, graphic images and multimedia files on the Website are the property of the Company and/or its partners. Exclusive rights to all software that is used on the Website belong to the Company and/or its partners.
Any data on the Website shall not be changed in any manner or used separately from the corresponding text, graphic images or multimedia files.
Any use of the data from the Website is allowed only with the Company’s written consent and with an obligatory reference to the Company as the source of publication or to the Website for publication in the Internet.
The Company and its partners provide the User with the possibility to use the Website and the information displayed on the Website only for the User’s private non-commercial purposes.
The User shall not use any software that can cause any harm to the Website. The User is responsible for the confidentiality of his or her registration name (log-in) and password, as well as all actions performed under such name (log-in) and password. The User exempts the Company from the responsibility for losses caused by unauthorized use of the User’s data by third parties. The Company shall not be held liable for the information displayed by or to the User on the Website in public access.
Limitation of Liability
The Company is not liable for the communication channels used by the User and therefore any financial and other harm resulting from the use of low quality or unprotected channels.
The Company is not responsible for the breach of the terms of this offer if such breach is caused by force majeure (circumstances of insuperable force), including the actions of public authorities, fire, flood, earthquake and other natural disasters, lack of electricity and/or failures of the computer network, strikes, civil unrest, riots or any other circumstances apart from the aforesaid that may affect the Company's performance of its obligations under the terms of this offer.
The Company is not liable for any harm caused to the User by any actions of the Hotel and other partners of the Website. The User exempts the Company and the Agent from the liability for negative effects or damage arising as a result of the events and circumstances that are beyond the scope of their competence, as well as for actions (inaction) of third parties, including those caused by unreliable, insufficient or untimely information and documents provided by the User, the User's breach of this Agreement or the requirements to the documents, for actions of Hotels when the services listed in the Booking are not provided. In such cases the Hotel is not held directly responsible to the User.
All information about Hotels and conditions of Booking is specified solely by the Hotel. The Company does not bear responsibility for the possible omissions and mistakes in descriptions, prices and other information, which concerns the Hotel at the Website. The Company is not responsible for any inaccuracies or errors in the description and the prices of the Hotel on the Website. The Company reserves the right to change or correct any inaccuracies or errors and reserve the Booking for the User with the correct price or cancel the Booking without charging penalties (fines, fees).
The Company provides the User with the information about Hotels at the Website “as it is” with any guarantees. The Company is only liable for direct actual damages caused by the Company’s faulty failure to perform its obligations when providing services only to the amount of the Booking cost.
Other terms and conditions
The Website contains links to other sites that are integrated for the User’s convenience and their presence on the Website is not a recommendation to visit such sites. Such sites are autonomous and independent from the Website, and the Company is not responsible for their content and consequences of visiting such sites and/or purchase of goods, works and services by the User.
Should the User have any questions, he or she should address the Operator by phone or by email. The parties will make every effort to reach an agreement on controversial issues through negotiation, taking into consideration the terms and conditions of this Public Offer Agreement.
Complaint procedure of dispute settlement is required. The term of the Company's response to the claim that is issued by a User is no longer than thirty (30) calendar days from the receipt of such claim. The claim should be issued in written form by registered mail or courier delivery.
All other issues that are not covered in this Public Offer Agreement are regulated by the appropriate legislation. All possible disputes arising from the provisions of the given Offer are addressed to the courts according to the applicable law.
The Court's invalidation of any provision of the present Agreement shall not result in the invalidity of the remaining provisions of the Agreement or of the Agreement in general.
I ACCEPT THE OFFER TERMS AND CONFIRM THE FINAL BOOKING COST, INCLUDING ALL TAXES AND FEES.