The terms, conditions and notices set forth herein (“Terms”) are exclusively for non-commercial, individual use by guests inquiring about or making travel reservations with St Giles Hotels and exploring information about and services offered by St Giles Hotels via this official Website of the St Giles Hotels. These Terms set forth the scope of your permissible use of the St Giles Hotels’ website, content, data, information and materials (“Website”). These Terms are between you and St Giles Hotels, including its affiliates, subsidiaries, hotel properties managed by St Giles Hotels and representative agents supervised, directed or controlled by St Giles Hotels (“St Giles Hotels”).
PLEASE READ THESE TERMS REGARDING THE WEBSITE CAREFULLY, SINCE THEY ESTABLISH A BINDING AGREEMENT BETWEEN YOU AND ST GILES HOTELS REGARDING YOUR USE OF THE WEBSITE AND ALL ASPECTS THEREOF. YOUR USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS ST GILES HOTELS WEBSITE OR DOWNLOAD ANY MATERIALS FROM IT.
There is no fee for use of the Website, but you may incur fees for Internet access and roaming charges and for any goods or services purchased using the Website. You are financially responsible for all fees incurred for Internet access and roaming and for goods or services purchased using the Website by you and others accessing the Website.
St Giles Hotels reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. By choosing to continue to use or access this Website after we have posted notice of such modifications, alterations or updates, and after you have been provided an opportunity to read the revised Agreement, you agree to be bound by such revised Agreement.
HOW THE ST GILES WEBSITE WORKS
The Website provides information about St Giles Hotels including any of its St Giles Hotel brand properties, photos, videos, descriptions, maps, and directions; it may be used, for example, in finding one of the St Giles Hotels and making room reservations, creating and modifying your profile including billing account information, and managing your stay with one of the participating St Giles Hotels (collectively the “Hotel Services”).
WHO CAN USE THE ST GILES WEBSITE
You may use the Website only if you are 18 years or older and capable of forming a binding contract with St Giles Hotels and are not barred from using the Website under applicable law. By downloading or otherwise using the Website, you warrant that you are at least 18 years of age and possess the legal authority to enter into these Terms and to use the Website in accordance with these Terms. You agree to abide by the Terms herein, and as applicable, any third party terms, including in connection with any and all purchases you make of goods or services (including but not limited to reservations for hotel services) or other transactions you enter with the Website, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding rates, services, products or amenities. You agree to supervise all usage by any minors of this Website under your name or account. You also warrant that all information supplied by you or members of your household in using this Website is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Website may result in your being denied access to such facilities.
The Website enables you to enter into agreements and make transactions electronically. You acknowledge that your electronic submissions through the Website constitute your agreement and intent to be bound by such terms, including cancellation and refund policies, and to pay for any related transactions.
CANCELLATION POLICY FOR HOTEL TRANSACTIONS
All standard cancellation policies for rooms and amenities offered by a St Giles Hotel apply to any reservations, orders or purchases of goods or services from such hotel made with the Website. By reserving, ordering or otherwise purchasing goods or services with the Website from a St Giles Hotel, you agree to be bound by all of such hotel’s standard cancellation policies and by any other policies that may apply. Failure to provide timely cancellation notice for goods or services ordered or reserved from Hotel may result in a cancellation penalty charged to your room or credit card, at the sole discretion of the Hotel.
In creating a profile with your Account, you will need to provide a log-in or user name and a password. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, whether or not you know about them, and you agree to notify St Giles Hotels immediately of any security breach of your Account. St Giles Hotels will not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate, complete and up-to-date information when you establish an Account, and to revise your Account registration data, as needed, to keep it accurate, complete and up-to-date. St Giles Hotels may store and use the Account registration data you provide for use in maintaining and billing fees to your Account. St Giles Hotels, in their sole discretion, may suspend or terminate your Account.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in each of the St Giles Hotels’ local currency. Currency quotes are not updated every day. The currency information supplied by this Website is believed to be accurate, but St Giles Hotels does not warrant or guarantee such accuracy.
USE OF CONTENT AND CONTENT RIGHTS
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website. “Content” also includes any new technology, media, format, mode of transmission or method of distribution later developed. “Content Rights” shall mean any intellectual property right, including without limitation, any patentable or unpatentable inventions, ideas, discoveries, improvements, design rights, works of authorship, copyrights, trademarks, trade secrets, know-how and any equivalents thereof.
The Content and related Content Rights displayed on this Website is the property of St Giles Hotels and/or other parties. The downloading, reproduction, or retransmission of any Content or related Content Rights, except as permitted in these Terms, is strictly prohibited.
By accepting the Terms of the St Giles Hotels Website, you hereby acknowledge that St Giles is the exclusive owner of any right, title and interest in and to the Website, its Content and related Content Rights, including all associated intellectual property rights. Reproduction or storage of Content beyond these Terms are expressly prohibited and to do so otherwise could subject You to violation of the intellectual property laws of the United States, including without limitation, the U.S. Copyright Act of 1976. Nothing in the St Giles Hotels Website or Content shall be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Website or Content; or use the Website or Content except as permitted in these Terms.
Subject to your compliance with these Terms, St Giles Hotels grant you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license only to view and interact with the Website solely for your personal, non-commercial use within the limitations of these Terms. The St Giles Hotels Website is for your personal, noncommercial use. St Giles Hotels reserve all rights in and to the Website not expressly granted to you under these Terms.
Please note that the Internet provider from which you receive the Website may have its own terms, conditions, restrictions or guidelines regarding usage of the St Giles Website that you must separately comply with and adhere to. St Giles Hotels has no obligation to furnish any maintenance and support services with respect to the Website. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure of an Website to conform to any warranty will not be the responsibility of St Giles Hotels. Further, St Giles Hotels is not responsible for addressing any claims you have or any claims of any third party relating to the St Giles Hotels Website or your possession and use of the Website, including, but not limited to: (i) product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
GENERAL PROHIBITIONS AND ENFORCEMENT RIGHTS
In connection with your use of the St Giles Hotels Website or Content or exercise of any rights under these Terms, and except as provided herein or as otherwise agreed to as a part of an approved activity of a St Giles Hotels-authorized service offered by the Website, you agree not to do any of the following:
- Post, upload, publish, submit, or transmit any Content;
- Infringe, misappropriate or violate a third party’s patent, copyright, trademark, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Use the St Giles Hotels’ patents, copyrights, trademarks, service marks, logos, trade secrets, moral rights or other intellectual property or proprietary information of St Giles Hotels, including but not limited to in or as part of meta tags or other hidden text or metadata;
- Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the St Giles Hotels’ Website or Content;
- Infringe, violate or otherwise interfere with or challenge St Giles Hotels’ Content Rights (including any intellectual property right of St Giles Hotels) in the Website or Content;
- Engage in or encourage any conduct that (i) violates, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivate works from, transfer, lease, lend, rent or sell the Website, any information, software or hardware obtained through use of the Website;
- Display, mirror or frame the Website or any individual element within the Website, including but not limited to the layout and design of any page or form contained on the Website;
- Make the functionality of the Website available to multiple users through any means;
- Decipher, decompile, disassemble or reverse engineer any of the software used in connection with the Website or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the St Giles Hotels or any other third party (including another user) dealing with St Giles Hotels in the protection of the Website or Content;
- Attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by St Giles Hotels or other generally available third-party web browsers;
- Use the Website or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party;
- Use the Website or Content to send altered, deceptive or false source-identifying information;
- Collect or store any personally identifiable information from the Website from other users of the Website without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation¸ including any U.S. or foreign export laws or regulations, including by exporting or re-exporting or using for any purpose the Website or any technical data related thereto directly or indirectly in violation of or in a manner otherwise prohibited by such laws and regulations; or
- Encourage or enable any other individual to do any of the foregoing.
Although the St Giles Hotels is not obligated to monitor access to or use of the Website or Content or to review or edit any Content, the St Giles Hotels has the right to do so for the purpose of operating the Website, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. St Giles Hotels reserves the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if St Giles Hotels, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. St Giles Hotels has the right to investigate violations of these Terms or conduct that affects the Website. St Giles Hotels may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
St Giles Hotels respect copyright law and expect its users to do the same. It is St Giles Hotels’ policy to terminate in appropriate circumstances any users who infringe or are believed to be repeatedly infringing the rights of copyright holders.
St Giles Hotels respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Website under appropriate circumstances, and (b) the suspension or termination of users, account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact St Giles Hotels at: firstname.lastname@example.org.
Please provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed; identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number); a statement that the complaining party has a good faith belief that use of the material is unauthorized; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOU HEREBY IRREVOCABLY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ST GILES HOTELS, INCLUDING THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSEES, CONTRACTORS, AFFILIATES AND AGENTS (COLLECTIVELY “ST GILES HOTELS PARTIES”) FROM AND AGAINST ANY CLAIM, DISPUTE, DEMAND, LOSS, DAMAGES, PENALTY, LIABILITY, COST AND EXPENSE, AND ATTORNEYS’ FEES ARISING FROM OR RELATING TO: (1) ANY ACTUAL OR THREATENED BREACH OF ANY COVENANT, WARRANTY, REPRESENTATION OR UNDERTAKING MADE BY YOU IN THIS AGREEMENT; (2) YOUR ACCESS TO OR USE OF THE WEBSITE OR CONTENT THEREIN; OR (3) YOUR VIOLATION OF ANY OF THESE TERMS.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND ITS CONTENT IS VOLUNTARY AND AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING, ST GILES HOTELS MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE CONTENT.
IN ADDITION, ST GILES HOTELS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, DESIGN, ACCURACY, AVAILABILITY OR COMPATIBILITY, OR COURSE OF DEALING OR PERFORMANCE.
ST GILES HOTELS DO NOT REPRESENT OR WARRANT THAT USE OF THE WEBSITE AND CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS OR WILL REMAIN FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. St Giles Hotels DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE OR CONTENT IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT IS VOLUNTARY AND AT YOUR SOLE RISK. St Giles Hotels DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND St Giles Hotels SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
LIMITATION OF LIABILITY AND WAIVER
UNDER NO CIRCUMSTANCES WILL ST GILES HOTELS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE THE WEBSITE AND CONTENT; (D) THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ST GILES HOTELS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITE AND CONTENT; (F) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S OPERATION; (G) YOUR ACCOUNT INFORMATION OR FEEDBACK; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ST GILES HOTELS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
IN NO EVENT WILL ST GILES HOTELS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ST GILES HOTELS AND YOU.
CHANGES TO THESE TERMS
St Giles Hotels may, in their sole discretion, change and modify from time to time the terms of these Terms or the Website, services, materials, programs, policies or other information described herein. If St Giles Hotels do so, St Giles Hotels will let You know either by posting the modified Terms. It is important that You review the Terms whenever the St Giles Hotels modify them because if you continue to use the Website after the St Giles Hotels have posted modified Terms on <any Website store>, you are indicating to St Giles Hotels that you agree to be bound by the modified Terms. If You do not agree to be bound by the modified Terms, then You should not use the Website after such modifications have been made. Because our Website could be evolving with technology updates as needed, St Giles Hotels may change or discontinue all or any part of the Website, at any time and without notice to You, at our sole discretion.
St Giles Hotels reserve the right to modify, suspend, or discontinue the Website (or any part or content thereof) or your right to use the Website or Content at any time, with or without notice to you, and St Giles Hotels will not be liable to you or to any third party should St Giles Hotels exercise such rights. As noted above, St Giles Hotels may, in their sole discretion, cancel your Account at any time.
RIGHT TO COUNSEL
I HEREBY ACKNOWLEDGE AND CERTIFY THAT I HAVE HAD SUFFICIENT TIME TO READ AND UNDERSTAND THESE TERMS, I HAVE BEEN AFFORDED THE OPPORTUNITY TO REVIEW THESE TERMS AND HEREBY ACCEPT AND CONSENT TO THESE TERMS VOLUNTARILY AND KNOWINGLY, AND I UNDERSTAND I HAD THE RIGHT TO COUNSEL IN REVIEWING THESE TERMS PRIOR TO ACCEPTING THESE TERMS.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles, notwithstanding the fact that one or more counterparts hereof may be executed outside of such state, or one or more of the obligations of the Parties hereunder are to be performed outside of such state. Any suit, action or proceeding to determine, construe or enforce any provision of this Agreement, or the rights of any party hereunder, will be brought in the State of New York, and the Parties agree that jurisdiction will lie therein.
Assumption of Risk, Waiver. No failure or delay on the part of a St Giles Hotels in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of St Giles Hotels. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Severability. If any part or provision of these Terms is found to be invalid, unenforceable or void, that part or provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and affect.
Assignability. You may not assign or transfer these Terms, by operation of law or otherwise, without St Giles Hotels’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. St Giles Hotels may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The St Giles Hotels welcomes feedback, comments and suggestions for improvements to the Website (“Feedback”). You can submit Feedback by emailing us at email@example.com. You should not include any confidential or other personal information when submitting Feedback. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback, or any ideas, inventions, discoveries or intellectual property of any kind disclosed by or embodied in such Feedback for any purpose.
Copyright © 2016 St Giles Hotels. All rights reserved herein.