Terms & Conditions

  1. Parties

 

This Terms & Conditions set forth the terms and conditions between HotelRunner and the Property which agrees to these Terms & Conditions to use the HotelRunner service.

 

  1. Definitions

 

“HotelRunner”: CLA Bilgi Sis. Bil. ve Dan. San. Tic. A.S., located at Bagdat Cd. Mesut Apt. No:458/6 Suadiye Kadikoy/ISTANBUL/Turkey;
“Service”: The technological services which are provided by HotelRunner, detailed within the scope of the Platform, and are delivered on mobile phones, social media or other media as may be determined by HotelPlatform;

“Terms & Conditions”: These Platform Terms & Conditions;

“Customer(s)”: Any natural or legal person who will receive accommodation etc. services from the Property;

“Property (Properties)”: The Property (Properties) who use the Service under these Terms & Conditions;

“Agency (Agencies)”: The online agency (agencies) who established a relationship with the Property through the services offered by HotelRunner to agencies or via the Channel Manager service;

“Platform”: The HotelRunner software service of which HotelRunner holds all the rights and which offers the Property the capabilities to develop and manage the website in various languages, receive online booking, integrate with online agencies and social media websites etc.

“Website”: The website, located at the domain name http://hotelrunner.com, where the features of the HotelRunner-owned Services and these Platform Terms & Conditions;

“Commercial Conditions”: The instrument which may be executed by and between HotelRunner and the Property to lay out the commercial terms and conditions governing use of the Services by the Property.

 

  1. Subject of the Terms & Conditions

 

These Terms & Conditions document is executed so as to govern the terms and conditions applicable to the Property’s use of the Platform and the HotelRunner-provided Service as well as the minimum conditions which must be included in any contact between the Property and the Customers.

 

Additional or different conditions may be included relating to use of the Service or Platform in various areas of the Platform, and shall be considered an annex to and an integral part of these Terms & Conditions. In case of discrepancy between these Terms & Conditions and any addition condition applicable to a certain area of the Platform, such additional conditions shall prevail.

 

  1. Rights and Obligations of the Parties

 

  • The Property agrees and undertakes that it is authorized to use the Service and offer the Customers accommodation etc. services under the Service used by the Property, and that it holds and will continue to hold during the Service any permit or license which the company and the authorized property are legally required to hold in this regard.
  • The Platform can start using the Service by selecting one of the Service categories or types listed in the Platform. HotelRunner may from time to time expand or contract the scope of the Service which it offers through the Platform. Each Service used by the Property through the Platform shall be subject to these Terms & Conditions and any annex thereof as well as other Service-specific terms & conditions communicated to the Property through the Platform.
  • The scope of the products and services to be offered by HotelRunner under each category are defined in the Platform, relevant parts of the Website, this agreement and any annex thereto, and HotelRunner may from time to time amend such categories as well as the scope of any product and service offered under such categories.
  • The Property wishing to use the Service must create an account on the Platform. The Property shall create only one account, and in the event of discovery that multiple accounts have been created without a justifiable reason, all of such accounts shall be terminated and the Property shall not be refunded. The Property is responsible to ensure security of the username and password used for login to the account, and shall be liable for any operation performed using this username and password. The Property shall immediately notify HotelRunner of any use or disclosure of said username and password by or to unauthorized parties. The Property is obliged to keep the account information complete, accurate and up-to-date, and HotelRunner may suspend or terminate use of the Service by the Property in case of doubt about completeness, accuracy or up-to-dateness of such information.
  • In the event of launch by the Property of a campaign targeting Customers, the Property acknowledges that it shall have all the required permits and authorizations, and that HotelRunner shall not be liable in any way to the Property or the Customers relating to scope and content of such campaigns.
  • The Property shall be personally responsible for regulatory and public moral compliance of the website which it creates using the Service or integrates the Service into, the content thereof, its activities falling within and/or out of the scope of the Service, and the products and service it offers to the Customer.
  • The Property is obliged to keep complete, accurate and up-to-date any information and data it provides to HotelRunner (Customer details, payment details, room details etc.) so that the Property can use the Service fully and as intended. HotelRunner shall not be liable to any damage arising from any incomplete, inaccurate or obsolete information provided to HotelRunner.
  • At all times, the Property shall protect and refrain from disclosing to third parties, and shall not use in contradiction with laws, any Customer information delivered to the Property by HotelRunner. Any communication by the Property using such information shall observe the applicable regulations.
  • HotelRunner may from time to time collaborate with third parties and its business partners as part of the Service, and in this regard, the Property consents to dissemination of certain information about the Property and the Customers to such third parties and business partners. The Property also agrees that the data available on the Platform and related contents may be disclosed to the Agencies engaging various HotelRunner services, and that HotelRuner has hereby been granted such usage rights as required in this regard.
    The Property declares that it approves the use of its phone, e-mail and address, which was disclosed to HR during the use of the platform, for HotelRunner’s communication with the Property concerning HotelRunner products and services, as well as HotelRunner’s promotions and offers, and the storage of said information for the aforementioned purposes.
  • The Property agrees that use by the Property of the HotelRunner-provided Service does not in any way constitute endorsement of its products and services, and in this regard, it shall not use in promotions or advertisements the name or logo of HotelRunner or any of its products and services in such a way that may be interpreted beyond the scope as laid out in these Terms & Conditions.
  • The Property is obliged to ensure that any agreement that it shall sign with the Customer(s) will at minimum include the following:

 

  1. The information provided by the Customer to the Property may be relayed to HotelRunner for the purposes of the Customer’s accommodation and use of other benefits offered by the Property, and may also be relayed by HotelRunner to its business partners as limited by this scope and purpose;
  2. HotelRunner may use, classify and retain on a database the Customer information provided to HotelRunner by the Property, in order to satisfy the demands of administrative and/or judicial authorities, ensure security of such information, fulfill its obligations and conduct various statistical assessments;
  3. The terms of booking cancellation by the Customer and Property;
  4. During the booking process; any banking and transaction fee, including credit card pre-provisioning for (i) relevant charges (room charge, extra charges if any, such as security deposit), (ii) charging the credit card a nominal amount for card verification, or (iii) consent to collection of relevant charges, exchange rate commissions in case of booking cancellation, credit/debit card commission fees; and use of third party payment providers to make the payment is subject to the terms of service of such providers; and
  5. The Property is solely responsible for any accommodation and other services provided by the Property to the Customer.

 

  • Any Customer and third party claim that may arise from non-compliance by the Property with these Terms & Conditions, in particular Article 4, or the applicable regulations, and any related damages (including legal, administrative and criminal enforcements), shall be recovered, together with any secondary claims, from the Property, payable upon first demand.

 

  1. Platform Terms & Conditions

 

  • The features which the Property may use on the Platform are limited to the scope of the Service categories or types selected, and details of the Services are provided on the Website. Features of the Platform, and of the software and designs under the Platform are limited to the scope defined on the Website, and HotelRunner does not guarantee in any way that the Platform and Services will meet the Platform’s specific needs.
  • The service to be provide to the Property under the Platform Terms & Conditions may be priced under one of the following methods, as decided by the Property:

 

  1. Percentage Service Fee: The Percentage Service Fee rate, charged over the fee paid by the Customer for the bookings on the Platform, and laid out under the relevant service definition and scope on the Website, plus applicable taxes (Value Added Tax, Sales Tax, City Taxes etc.) will be paid as Service Fee to HotelRunner either online through credit card or to the bank account to be communicated by HotelRunner. The Service Fee will be determined based on HotelRunner records, in accordance with the agreement between the parties.
  2. Fixed Service Fee: The fixed fees relating to the services offered to the Property through the Platform are laid out on the Website under the relevant service description and scope. Applicable taxes (Value Added Tax, Sales Tax, City Taxes etc.) will be added to these fees. The Property can change the service packages it obtains hereunder, in accordance with the Platform Terms & Conditions and through the Platform as defined under the Website or Platform Terms & Conditions. Payments relating to the Service Fee are non-refundable in cases of cancellation of the Service by the Property or switch to a lower-fee Service category. Switch to a Service category with a lower Service Fee will be performed at the relevant period-end, and switch to a Service category with a higher Service Fee will be performed immediately at the request of the Property and the fee difference will be charged separately to the Property.

 

  • For the website that it will develop under the Services, the Property may develop its own website using templates and contents available on the Platform, and may upload its own content to the website observing the Platform’s technical requirements. Use by the Property of the designs, images and contents provided to it under the Platform shall be limited to delivery of the Services and development of its own website, and the Platform shall immediately cease use of such designs, images and contents in case of termination of this agreement or the website related Services.
  • The templates and images available on the Platform, and the website covered under the Services, are compatible only with the browsers and mobile devices listed on the Website, and HotelRunner provides no guarantee as to compatibility, integration and operability of the developed website and the Services with any non-listed other device.
  • In no way or for no reason is the Property entitled to copy, alter, reproduce, reverse engineer, decompile the Platform or any content thereunder, otherwise access the Platform software’s source code, or create derivative work from the Platform or use the Platform for any purpose other than set forth under these Terms & Conditions. The Property shall not interfere in any way to the Platform, including but not limited to use of viruses, cancel bots, Trojan horses, malwares, flood pings, DOS attacks, spoofing, misdirection, e-mail information or other methods and uses of technology, and shall act in accordance with the security measures of HotelRunner and security providers. It is strictly forbidden to alter the Platform-related browsers and contents in any way, or provide links to or from the Platform without explicit consent of HotelRunner.
  • The Property agrees and undertakes that any information, content, correspondence and announcement uploaded by the Property (if any) or provided to the Customers is accurate and legal, shall not be of illegal or immoral nature such as defamation, smearing, discrediting statement, insult, slander, threat or harassment, and shall not infringe any right. The Property also represents that such content will not contain any malicious materials such as virus, spyware, malware, Trojan horse etc., and that the Platform will not be used for such purposes as data mining.
  • HotelRunner shall store and use any information or data provided to it in the course of its relationship with the Property in accordance with the “Privacy Policy”, which is an annex to these Terms & Conditions. The Property agrees that HotelRunner may disclose the Property-related information in HotelRunner’s possession to relevant authorities if so demanded by such authorities under the applicable regulations, and to any Customer which is in a dispute with the Property so that such Customer may use its legal rights. In addition, the information relating to the Property, Customers or transactions performed by the Property through the Platform may be used for security, performance by HotelRunner of its obligations, or certain statistical assessments. Such information may also be classified and retained on a database.
  • Access to the Platform may be temporarily disabled to implement improvements and other modifications to the Platform. In this case, HotelRunner shall show every effort to keep such interruptions as short as possible to ensure a minimal impact on Platform use and to perform the same at the hours where Platform use is at lowest intensity.
  • In the event that the Property requests Property-specific services other than those described on the Website and provided “AS IS”, and/or wishes to engage consulting activities available on the Website, the conditions governing such services shall be determined and priced separately.
  • In case the Property, makes the payment of HotelRunner services fee via credit card; and there is no credit card information saved on the Platform previously, the Platform keeps/saves the credit card information for further automatic payments. When the due date has arrived, HotelRunner may charge the service fee via saved credit card through Platform automatically. Property may delete and/or change the saved credit card information and/or add new credit card information to the Platform at any time. However, Property shall keep at least one credit card information saved at the Platform permanently for automated payments.
  • The Property can also make payments for Service Fees via their own Paypal account. The Property pre-authorizes HotelRunner for recurring payments using “Paypal Reference Transactions”. The Property can cancel their pre-authorized Reference Transactions anytime visiting their own Paypal account -> “User Profile” -> “My Money” -> ”My Pre-authorized Payments” -> “Update” -> “Cancel”.

 

  1. Intellectual Property Rights

 

  • HotelRunner owns any right, property and interest on the Platform, the Service and any software, design etc. works produced as part of the Services. No provision under this Terms & Conditions may be interpreted as partial or complete transfer of any related right, property and interest to the Property. The Property is hereby granted a non-exclusive, term-limited, non-transferable right on said Service, software, design etc. content. On the other hand, the Property owns any right on the content provided by the Property through the Platform, and HotelRunner is granted a global, free, non-transferable and non-exclusive license to use such content (right to use), subject to these Terms & Conditions.
  • The Property shall not in any way use the trade name, brand, service brand, logo, domain name etc. of HotelRunner (or any of its affiliates), nor shall it infringe any intellectual and industrial property, privacy etc. rights of any person or organization.
  • In using the Platform and the Service, the Property shall observe any third party rights, including copyrights and personal rights. HotelRunner shall be entitled to suspend temporarily or terminate the Service in the event of discovery that any third party right has been infringed.

 

  1. Limitation of Liabilities

 

  • The Property agrees to defend, indemnify and hold harmless HotelRunner and its directors, managers, employees and agencies against any claim, liability, damage and expense, including but not limited to reasonable legal and accounting fees, arising from or in connection with violation of these Terms & Conditions including its annexes or the regulations or use of the Service or the Platform.
  • HotelRunner is not a mediator, agency or insurer vis-à-vis the Property. HotelRunner is only obliged to provide the Service hereunder, and the Property agrees and represents that HotelRunner is not a party to the relationship between the Customers and/or the Agencies and the Property, that the only responsibility of HotelRunner under the Service is to technically bring the relevant parties together, and that HotelRunner in this regard may not be held liable for any contractual or regulatory violation on part of the Customers or the Agencies. Any request by the Property from the Customer or the Agencies shall be directly communicated to the relevant party.
  • The Property is solely liable for any content that may be uploaded to the Platform, and any claim or damages arising from such contents shall be communicated to or recovered from the Property. The Property agrees and represents that HotelRunner is under no obligation to check authenticity, originality, security or accuracy of any product or service offered through the Service, including any content provided by other Properties, or to identify whether or not the sales or online sales thereof is legal, and that HotelRunner is not liable for any damage arising from or in connection with such products, services and contents.
  • The Property agrees and represents that the Platform may contain lings to other websites and/or platforms, files or contents not under the control of HotelRunner, such links do not constitute any representation or guarantee so as to support the redirected website or the operator of such website or concerning such website or any information contained therein, and HotelRunner is not liable for any Plarform, website, file, content, service or product or the content thereof accessed via such links.
  • The Platform, the Service under the Platform and other contents are offered “AS IS”, and HotelRunner is not liable for or does not provide any guarantee as to accuracy, completeness or reliability thereof.
  • The Property is personally responsible for procurement of such hardware, software and connection as required to access the Service, and for any cost arising therefrom. The Property also agrees that the access to the Service and contents offered through the Platform, and the quality thereof, are to a large extend dependant on the quality of service provided by the internet service provider, and that HotelRunner is not responsible in any way for the issues stemming from said quality of service.
  • TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, HOTELRUNNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PENAL DAMAGES ARISING FROM USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL AND REPUTATION, OR OTHER COSTS SUCH AS EXPENSES TO PRODUCE REPLACEMENT PRODUCT AND SERVICE. IN ADDITION, HOTELRUNNER HEREBY REPRESENTS THAT IT DOES NOT PROVIDE ANY EXPRESS OR IMPLICIT WARRANT, INCLUDING BUT NOT LIMITED TO IMPLIED GUARANTEE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTEND PERMITTED BY THE APPLICABLE REGULATIONS, UNDER ALL CIRCUMSTANCES SHALL THE CUMULATIVE LIABILITY OF HOTELRUNNER UNDER THE SERVICE AND THESE TERMS & CONDITIONS BE LIMITED TO THE TOTAL AMOUNT PAID TO HOTELRUNNER BY THE PROPERTY OVER THE LAST TWELVE MONTHS FOR THE USE OF PLATFORM, OR TO 50 US DOLLARS IN CASE NO SUCH PAYMENT HAS BEEN MADE.

 

  1. Duration and Termination of Terms & Conditions

 

  • These Terms & Conditions shall be effective upon start of the Service and remain so as long as the Property receives the Service. In case where the Service is offered as a free trial, the Service free trial period will automatically terminate if the Property fails to communicate payment details to HotelRunner despite the notification from HotelRunner towards end of the period. In case where the Parties also execute a Commercial Conditions agreement, the conditions relating to the period and renewal may be set forth separately under such Commercial Conditions agreement.
  • Continuity of the Platform and the Service is at the discretion of HotelRunner, who may suspend or terminate them anytime it wishes. Each Party has the right to terminate the Service(s) and/or these Terms & Conditions any time. In such an event, neither Party may claim anything from the other party except their receivables accruing during the Service.
  • Termination by the Property of the Service(s) provided hereunder shall either be through delivery of notice to support@hotelrunner.com or performance of relevant Service termination actions on the Platform. Termination shall be effective upon communication by HotelRunner of the confirmation of termination through the Platform or e-mail.
  • In the event that the Property acts in breach of these Terms & Conditions, its annexes or its regulatory obligations and fails to remedy such breach within 5 (five) days from receipt of the related notice, HotelRunner shall become entitled to terminate the Service partially or completely. At its discretion, HotelRunner may partially or completely suspend the Service within said period or until remedy of said breach.
  • HotelRunner may terminate these Terms & Conditions and the Service in the event that the Property loses its operating license, becomes insolvent voluntarily or involuntarily, becomes bankrupt or postpones bankruptcy, or becomes subject to assignment of trustee, composition with creditors or similar procedures, or ceases its operations permanently or switches to a materially different area of operation, or disposes of its assets wholly or substantially.
  • Termination by the Property or HotelRunner of any Service used by the Property through the Platform shall not affect applicability of these Terms & Conditions to other services; while termination of all of the Services or these Terms & Conditions shall cause the integration of the Property with the Service and the Platform to be terminated immediately and the Property-owned content shall be erased permanently.
  • In case where the Service has been suspended or terminated as set forth under the Terms & Conditions, the Property may not claim any damages, such as indemnity, loss of profit, loss of customers etc. In the event that the Service or the Terms & Conditions are terminated for a reason attributable to the Property, no amount paid in advance by the Property shall be refundable.

 

  1. Miscellaneous

 

  • Any event which is not present or foreseeable on the effective date of this Agreement, occurs beyond the control of the parties in such a way and at such a degree to impair either or both parties’ operational capability partially or completely, temporarily or permanently, such as human or natural disasters, war, mobilization, fire, strike, lockout, Internet outage, infrastructure-related issues etc. shall be considered a force majeure event. The party suffering the force majeure event shall promptly notify the other party, and contractual performances of the parties shall be suspended during the force majeure event. Once the force majeure event ends, the Service shall resume. The obligations of the party whose rights hereunder are not delivered during the force majeure shall be suspended as well. In the event that the force majeure event continues more than 90 (ninety) days, the party whose rights are not delivered may demand termination of the Service without compensation.
  • The Party may not transfer or assign to third parties any of its rights and obligations under the Terms & Conditions. HotelRunner, on the other hand, has the right to transfer and assign any of its rights and obligations under these Terms & Conditions, at its discretion. The provisions set forth under these Terms & Conditions are binding for the parties and its successors.
  • No provision under these Terms & Conditions may be interpreted as assignment of either party as the representative, agency etc. of the other.
  • HotelRunner has the right to unilaterally amend the scope of these Terms & Conditions, the Service or the Platform any time it wishes. Unless set forth otherwise under this agreement or the Website, such amendments shall be effective upon publication on the Platform or the Website without the need to notify the Property separately.
  • Communication with the Property shall be through the e-mail provided to HotelRunner as part of registration or using the Property’s general information available on the Platform. Communication through e-mail shall be deemed written correspondence. It is the Property’s responsibility to keep its e-mail address up-to-date and regularly check the Platform for notifications.
  • Nullity, illegality or unenforceability of any provision of these Terms & Conditions shall not affect enforceability or validity of the remaining provisions of these Terms & Conditions.
  • Non-exercise by HotelRunner of any of its rights under these Terms & Conditions or the application regulations shall not constitute waiver of future exercise of such right. Waiver from such a right shall only be effective if in written and signed by the HotelRunner authorized representative. Except those circumstances explicitly set forth under these Terms & Conditions, non-exercise by either party of any of its remedies under these Terms & Conditions shall be without prejudice to any other remedy arising from these Terms & Conditions or any other basis.
  • This Terms & Conditions agreement is complete with its annexes (Annex-1 Privacy Police, Annex-2 Service Agreements), constitutes the whole understanding between the parties and supersedes any previous agreement, oral or written, about the subject of this agreement. In case of discrepancy between these Terms & Conditions agreement and any of its annexes, the provisions prescribed in the relevant annex shall prevail.
  • The Parties agree that their books, records and computer entries shall constitute final evidence in disputes arising from the Service and these Terms & Conditions under Article 193 of the Civil Procedural Law.
  • Turkish Law shall govern, and Istanbul (Çağlayan) Central Courts and Execution Offices shall have exclusive jurisdiction for, resolution of any dispute arising from these Terms & Conditions document or its annexes.