Contracting partners are HTP Hotels and the customer (hereafter "you", "You" or "your") who is not a consumer. If You are using this service on behalf of a company or other legal entity, You confirm that You have the authority to bind such entity to these terms and conditions. You may not access our services if You are our direct competitor, except with our prior written consent. You may not use our services for any immoral or illegal purpose including sending of Spam email.
You will provide accurate, current and complete information when registering with us and agree to update the information if it changes.
Subject of this Agreement is the provision of the the software application HTP Hotels. HTP Hotels is an online booking system for lodgings. HTP Hotels allows lodgings to accept bookings from guests (hereafter "guest" or "customer") via their own website and portals and process these bookings. This is facilitated by non-exclusive use of the software through an internet browser.
Further rights especialy in HTP Hotels the software application or operating system are not granted.
You have no permission to use HTP Hotels in a manner other than that permitted under this agreement. You are not permitted to duplicate HTP Hotels or parts thereof, sell it or make it temporarily available or rent it without our permission. You may not use our services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purposes.
We retain the right to disable users and accounts that we deem to abuse or overload our systems. This is for the protection of all users and is solely at our discretion.
If You register for a free trial, we will make one or more services available to You free of charge for a limited time period. Your account will be supplied containing a limited amount of free credit and expires once the credit or the time period runs out without prior notification being necessary. Any data entered or any customisation made during the trial period will be permanently lost unless You buy the service to continue the service after the trial period. You are only allowed one free trial period, any further free trial period is only available with our permission.
Usage fees fees shall be paid in advance. You must maintain Your account with us with a positive account balance at all times.
If Your account balance falls to zero or below, some or all functionality of Your account will be disabled until You restore the account to a positive balance.
Prices apply as published on our website. Published prices do not include VAT. If You are based within the EU or liable to pay EU VAT we will deduct this tax from Your payments.
HTP Hotels has no minimum sign up period. You may use HTP Hotels as long as your account has a positive balance. You may terminate Your use of Our service at any time without providing advance notice.
You will keep your passwords and usernames confidential and protect them to prevent unauthorised use.
You will use secure passwords, maintain up to date virus protection software on your computer and be vigilant against spam, phishing and other attempts to gain unauthorized access to your account.
Our website may be used without entering personal information. Different rules may apply to certain services on our site, however, and are explained separately below. We collect personal information from you (e.g. name, address, email address, telephone number, etc.) in accordance with the provisions of USA data protection statutes. Information is considered personal if it can be associated exclusively to a specific natural person. The legal framework for data protection may be found in the USA Federal Data Protection Act. The provisions below serve to provide information as to the manner, extent and purpose for collecting, using and processing personal information by the provider.
HTP Hotels 1235 Kent Street, West Palm Beach, FL 33415
Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.
Both parties shall obey the respective applicable data protection regulations, in particular those in force in the United States, and place those of their employees who are deployed in the context of the contract and its execution under obligation to observe data secrecy according to the Federal Data Protection Act if they have not already been placed under due general obligation.
You are sole owner liable for any customer data entered, processed and stored according to the Federal Data Protection Act. HTP Hotels does not control any customer data stored for You regarding their content and the legal right to gather, process and storage of this data. This responsibility is fully assumed by you. HTP Hotels can only use and/or process your customers data solely in accordance with your instructions (e.g. to ensure compliance with legal deletion periods). HTP Hotels is not allowed to share any customer data with third parties without your explicit consent. HTP Hotels may use and process Your data according to the Federal Data Protection Act during the duration of this contract.
Our software, server, operating system and other system components are operated in an external data processing center. Your data may be transmitted through and stored in foreign countries.
HTP Hotels shall not accept liability except in case of intent or gross negligence by HTP Hotels or their representatives.
In cases of intent or gross negligence, HTP Hotels is unrestrictedly liable for all loss or damage caused by them or their legal representatives or employees.
In cases of ordinary negligence HTP Hotels shall be unrestrictedly liable in cases of injury to life, limb or health.
Otherwise, HTP Hotels shall only be liable to the extent to which it has violated a material contractual obligation (cardinal obligation). In such cases liability shall be restricted to compensation for foreseeable, typical loss or damage. Liability shall be limited to the amount of Your usage fees per year but not to less than $70.00.
Additionally and most importantly, HTP Hotels liability for claims for damages or compensation due to slight negligence is limited to 20% of Your usage fees per year regardless of legal basis.
HTP Hotels accepts no strict liability regardless of fault for any defects/deficiencies existing at the time of entering this agreement.
Liability for any other damages is excluded, subject to the provisions of the USA product liability laws.
You are liable towards your guests especially if confirmed services are not provided to the guest timely, completely or not at all.
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