ACCOMMODATION PROVIDER TERMS & CONDITIONS
(Bookings Terms and Conditions)
Welcome to Durmwell.com, the best place for accommodation bookings! These Terms and Conditions (“Terms”) apply to the use of, and the services provided via, WWW.DURMWELL.COM (the “Site”) operated by EBG Ltd (“We”, “Us” or “Our”). You may not use the Site or the services we provide (“Services”) if you do not agree to these Terms which constitute a legally binding agreement between you and us. If you do not agree you must exit the Site and discontinue use immediately. “You” refers to accommodation providers who use our Services.
1. USE & ELIGIBILITY
By using the Site or Services you expressly confirm that you:
(a)Are of legal age
(b)Have the legal capacity to agree to the Terms and Conditions
(c) Are legally authorized to use the Site and/or Services.
We reserve the right to change these Terms at any time without notice in our sole discretion. Please check this space regularly for any such changes. We also reserve the right to make changes to the Site or Services we provide, including discontinuation of some or all of the Site or Services, in our sole discretion. By continuing to use the Site or Services you agree to such updated Terms and changes to our Services.
3. REGISTRATION & ACCOUNTS
(a) Some of our Services are expressly limited to persons who register and create an account (hereinafter “Account”). Registration is done by filling out a form electronically and providing the requested information, including a user name and password. It is your sole responsibility to safeguard these log-in credentials and you agree that any use of your account will be deemed authorized by you and that we will have no liability for such activity.
(b) ALL ACCOMMODATION PROVIDERS MUST BE APPROVED BY US AND ACCEPTED TO JOIN OUR AFFILIATION PROGRAM. You will be required to provide certain information including the location, type and a guest capacity of your accommodation. We reserve the right to decline requests to join our affiliate program for any reason in our sole discretion.
(a) When booking on the Site, a contract is formed between you as an accommodation provider and the person making the booking, whether on behalf of a group or organization. THE CONTRACT IS BETWEEN YOU AND THE PERSON MAKING THE BOOKING, NOT WITH US. It is your responsibility as the accommodation provider to provide accommodation. We are not responsible for the fulfillment of any booking made through the Site or for the quality of any accommodation or any other services that are booked. We advise all persons making bookings to read the terms and conditions of the accommodation provider before entering into any contract or arrangement and advise you to make such terms clear at the point of booking.
(b) When making a booking, a flat 10% booking fee is paid to us, which is our non-refundable fee for making the booking. The person making the booking agrees to pay the outstanding balance of the booking price directly to the accommodation provider; as well as any other applicable fees, charges, and taxes pursuant to your contract as the accommodation provider.
(c) All applicable information shall be provided to you like the accommodation provider in order to complete the booking and provide a booking confirmation. Any changes to bookings must be made directly with you like the accommodation provider and not with us.
(d) You have to guarantee the offer for at least 3 days from the date of the submission. It is your only responsibility to guarantee the reservation to the final customer in case the offer will be accepted.
We require that all bookings are made with a valid credit card or debit card or a valid PayPal account. Notwithstanding, we cannot guarantee such validity and we shall not be responsible in the event of fraud or any other irregular activity by users attempting to make payment using the Site or Services.
We do not accept responsibility for cancellations in any circumstances. Any such cancellation must be made in accordance with your cancellation policy as the accommodation provider. Cancellations do not entitle users to any refund of the booking fee paid to us.
7. NON-CIRCUMVENTION & SOLICITATION
You agree not to circumvent these Terms in any way. Further, you shall not solicit users of the Site or Services in any way. Attempting to directly contact or providing your direct contact information to users of the Site or Services at any time prior to booking confirmation is strictly prohibited. Your direct contact information includes but is not limited to your telephone number, email address, and website address. Violation of this clause shall be a serious breach of these Terms and may result in termination of your participation in our affiliation program and your access to the Site or Services for any reason without notice.
8. PROHIBITED USE
The following are strictly forbidden and a serious violation of these Terms:
(a) Unauthorized scripts;
(b) Use of programs which cause excessive server load or disrupt, hamper, impair or disable the functionality of the Site in any way;
(c) Use of the Site or Services for any purpose that is unlawful;
(d) Reverse engineering, deconstruction, disassembly or decompilation of any software or technology underlying the Site;
(e) Use of the Site or Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(f) Use of the Site or Services to publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful materials or information (including links to such materials or information);
(g) Restricting or inhibiting any other user from using and enjoying the Site or Services;
(h) Data-mining or otherwise harvesting or collecting information about others, including e-mail addresses, without their consent; and
(i) Soliciting others to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
We reserve the right to suspend or terminate your access to the Site or Services for any reason without notice in our sole discretion including for a violation of this clause 8.
9. YOUR RESPONSIBILITIES
- Act in good faith and in a professional manner at all times;
- Provide true, correct and accurate information at all times;
- Safe-guard your log-in credentials after you have registered with us;
- Respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks;
(a) We are neither responsible for nor a party to any dispute or claim between accommodation providers, guests or users of the Site or Services. Whilst we may attempt to help and resolve a dispute, it is not our responsibility to do so. We require guests to treat accommodation with respect at all times and not to cause any damage to the accommodation provided. However, any and all disputes including any damage to property must be resolved between you like the accommodation provider and guests directly.
(b) If a dispute between you and us arises, you agree to make all reasonable and diligent efforts to resolve the same with us.
11. COPYRIGHT AND TRADEMARKS
All contents of the Site are Copyright by www.durmwell.com All rights reserved.
The Durmwell.com logo, domain name, and brand are our trademarks and service mark whether or not registered and may not be used without our express written permission. Any rights not expressly granted herein are reserved.
You may wish us to display your trademark, logo or other copyrighted content in order to make an offer to users of the Services or to make bookings in accordance with these Terms and Conditions. You hereby grant us a limited license to display such content for the purposes of fulfilling our contractual obligations to you.
All representations, warranties, and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties, or undertakings about the Site or Services including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose. We make no endorsements or recommendations of any kind in providing our booking services to you.
13. LIMITATION OF LIABILITY
We shall not be liable for any for losses, additional expenses or any claim whatsoever due to:
- Changes in accommodation or other services, sickness, weather, strikes, power failures, natural disasters, acts of God or any other causes beyond our control. All such losses, additional expenses or claims will be borne by the person making the booking unless otherwise agreed by and between you and such user.
- Use of credit or debit cards on this Site following which any irregular, fraudulent or unlawful activity is detected.
- Injury, loss, claim, illness, harm, death or damage of any kind which may be suffered as a result of any act or omission on the part of or the failure of you as the accommodation provider to fulfill your obligations
- Your use of (or inability to use) the Site or Services which are provided “AS IS”. USE IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, ERRORS, INACCURACIES OR UNAVAILABILITY OF THE SITE OR SERVICES.
These Terms shall not affect your statutory rights.
You agree to indemnify and hold us, our affiliates, officers, agents, directors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or Services.
If any provisions of these Terms are deemed or become invalid, the validity of the other provisions shall not be affected. The law of England governs and shall English courts shall have exclusive jurisdiction over any and all claims, actions or disputes arising from these Terms.