Booking Terms and Conditions (hereinafter the “Terms”)
These Terms shall govern the relations between VELLOY LIMITED, a company based in the United Kingdom, Company number 13833553, registered at 167, 169 Great Portland St, London W1W 5PF (the "Company") and the User.
By making a Booking, the User gives his/her consent to these Terms. The consent is deemed received by the Company at the time of the User clicking the "BOOK" button.
Terms and Definitions
Booking means a combination of the User’s actions, as a result of which the User, having accepted these Terms, generates and submits a pre-order for a Hotel accommodation.
Voucher means an electronic confirmation of the Booking sent to the User's email address specified during the Booking process. This confirmation shall contain the Booking information, particularly (and as applicable): the name, location (address) of the Hotel, the Booking date, expected arrival and departure dates, the room category, bed type, the down payment (if any), cancellation terms, consequences of late cancellation and no-show of the User, other information determined at the discretion of the Hotel.
Personal account means a section of the Website for registered Users containing the Booking managing tools.
No-show means the User’s failure to arrive at the Hotel and check in at the time specified in the Voucher, or any other time duly confirmed by the Hotel in writing.
Room means a room in a Hotel (and, where applicable, a house (cottage) and their parts, apartments, bed/beds available in common areas, etc.), which is the object of the Booking.
The Hotel means any complex of premises (the hotel, guesthouse, health resort, resort, hostel, etc.), the Rooms in which are available for Booking; and, as the context may require, it shall mean a legal entity or an individual owning or operating a Hotel as well as any other third party that distributes hotel equipment as an agent or supplier.
Booking cancellation policy means conditions of cancellation and modification of the reservation made by the User unilaterally established by the Hotel, including the consequences of non-compliance by the User with these conditions, including in connection with the user's no-show. The cancellation policy is communicated to the User during the Booking process and payment, as well as specified in the Voucher.
The User means a capable individual over 18 years of age, who has accepted these Terms and is legally entitled to make a Booking through the Service and pay for it.
The Service means a multifunctional information technological online Hotel booking platform available on the Website (as well on all related web sites, downloadable software, mobile applications (including tablet applications), and other services provided by us or our partners and on which a link to this Booking Terms and Conditions is displayed). The User is granted access to the Service under the terms of a free, simple and non-exclusive license.
The Website means a public resource on the Internet network located at: www.velloy.com.
Hotel Services means Hotel accommodation services including other services stated in the Voucher, except for any other additional services rendered by the Hotel to the User at his/her request that are not directly specified in the Voucher.
General Provisions
The Company is duly licensed to use the Service for commercial purposes and the Company has the right to post information about the Hotels and the Hotel Services, as well as to allow the Users to make Bookings and pay for them in accordance with these Terms.
The Company shall bear the responsibility to the User on the terms, to the extent and in the manner provided by these Terms.
In accordance with these Terms, the Company shall only, on a free-of-charge basis, provide to the User access to the Hotel database and allow the User to make a Booking and pay for it, as well as provide access to the customer support Service. The Company shall not charge the User any fees or commissions with regard to making a Booking and paying for it.
Upon confirmation of the Booking by the Hotel, the User enters into a legal relationship with the Hotel, which shall provide the User with Hotel Services. The Company does not participate in relations between the User and the Hotel, including with respect to the provision of Hotel Services, and has no obligations to the User with regard to the Hotel Services, nor does it bear any responsibility, except as provided by these Terms. Obligations of the Company to the User are limited exclusively to the provision of access to the Hotel database and ensuring a technical capability to make a Booking and pay for it. The Company shall also undertake to return the Booking amount in the manner and in cases stipulated by these Terms.
Essential terms of a Booking, such as the possibility of making changes to the Booking, the Booking cancellation, the application of consequences in case of the Booking cancellation or amendment, the consequences of the User’s No-show are determined by the Hotel policy in effect at the time of the Booking and shall be stipulated in the Voucher.
By making a Booking, the User confirms having read and agreed to all the conditions of the Booking, as well as to the version of these Terms effective at the time of the Booking.
Payment for the Booking
The User shall pay for the Booking directly on the Website with a bank card or using other electronic means of payment, or shall pay for the Booking directly to the Hotel upon the check-in at the Hotel or at the check-out. To guarantee the Booking payment at the Hotel, the Hotel may, before or at the check-in, require the User to provide data about the bank card and may deny the accommodation in case of the failure to validate the bank card or if there are insufficient funds on the bank card to cover the cost of the accommodation in the Hotel and other additional services.
By providing the information about the bank card during the Booking process, the User confirms that he/she is aware of the Booking terms and conditions (including the amendment/cancellation terms) of the selected Hotel and agrees to comply with them. When making a Booking, the User shall not be entitled to use the data of the bank card that does not belong to him/her except when the User received the consent of the card owner (holder) to use the card data for the purpose of Booking payment. By using the bank card data for purposes of making a Booking on the Website, the User confirms and guarantees that he/she is the lawful holder of such a bank card. When using the card that does not belong to him/her, the User confirms that he/she has received the necessary consent by the legal bank card owner to use it in order to guarantee or pay for the Booking.
The bank card holder shall be in any case responsible for his/her bank card data security, as well as for any actions performed using such data. The Company shall not be liable to the Hotel or the cardholder for an unauthorized use of bank card data by any third party for the purposes of the guarantee or payment for the Booking on the Website.
When the bank card is used, all transmitted data is protected by SSL technology (Secure Socket layer). The Company shall act appropriately to ensure the security of the Users’ payment card data based on PCI DSS (Payment Card Industry Data Security Standard).
All transactions with bank cards have to be authorized by the Bank. If the Bank has a reason to believe that the transaction is fraudulent, the Bank is entitled to reject such a transaction. Also, for monitoring purposes and to avoid cases of the misuse of bank cards, Bookings made through the Service and paid or guaranteed by the bank card can be selectively checked by the Company and the customer support Service. The Company shall have the right to cancel unilaterally the Booking if the User refused to provide accurate and complete information confirming the legal use of the bank card or the Company did not receive a response from the User to the request within the prescribed period.
When making payment for the Booking with a bank card, the User agrees that an amount will be debited from his/her bank card that is equivalent to the amount in the currency of the Booking. Issuing banks can apply their own internal exchange rates, which may affect the amount actually debited from the User's bank card. All financial risks associated with the Booking payment in the bank card currency that differs from the Booking currency lie solely with the User.
The User agrees that the local authorities of certain countries (cities) may charge additional taxes (tourist tax, etc.) payable by the User additionally at the check-in.
Booking cancellation and amendment
The possibility of a Booking cancellation or amendment as well as the application or non-application of consequences in the form of a full or partial deduction/withholding of the Booking amount shall depend entirely on the Hotels in accordance with their Booking cancellation policies. The Company shall not be liable to the User for losses incurred as a result of the User’s actions, where the User amends or cancels the Booking in violation of the Booking cancellation policy established by the Hotel.
For Booking cancellation or amendment, the User must either contact the customer support Service at telephone numbers listed on the Website or proceed to Booking cancellation or amendment personally (if possible) in his/her personal account.
The Booking shall be considered cancelled (annulled) on the date of the receipt by the User of a confirmation notice of the Booking cancellation (annulment) delivered at the User’s email address.
The User assumes all possible risks associated with the Booking amendment (e.g., the need for a payment in addition to the amount already paid for the Booking, making a new Booking, the change in the Booking rate, the application of consequences for Booking amendment etc.). The Company recommends that the User pre-checks with the customer support Service the consequences of amendment or cancellation of a previously made Booking.
In case the User cancels the Booking pre-paid through the Website or in case of No-show, the Booking amount less Hotel-established deductions, (if any) shall be transferred to the User's account from which the original Booking payment was made. The funds shall be returned to the User’s account within 30 (thirty) working days from the date of the Booking cancellation or No-show. Due to the specific nature of financial transactions, the time between the funds return transaction and the actual transfer of funds to the User’s account will depend on the Bank’s internal procedures and the speed of data processing by the issuing Bank of the User, for which the Company is not liable to the User. The obligation to return funds shall be considered fulfilled by the Company from the moment of the funds debiting from the Company’s account.
If the User engages the services of a lifestyle manager to facilitate or manage their booking, an additional cancellation fee may apply in the event of a booking cancellation. This fee is independent of any cancellation policies established by the hotel and will be charged by the Company to cover the administrative costs incurred by the lifestyle manager.
Personal data
The User shall confirm the accuracy of his/her personal data and the personal data of third parties submitted during the Booking process, and shall assume all responsibility for the accuracy, completeness and reliability of this personal data. The User shall assume all possible risks associated with errors and inaccuracies in the submitted personal data.
The Company shall ensure the safety and security of personal data of the User and third parties, for whom/on behalf of whom the User makes a Booking, in the course of their processing according to the applicable law. A prerequisite for a successful Booking shall be the User’s consent to processing the personal data given at the final stage of the Booking process.
The User shall agree to use the Service only for making a Booking in his/her own interests or in the interests of third parties, for whom the User has the right to make a Booking, for purposes not encompassing the entrepreneurial activity. The User hereby acknowledges that third parties, in whose interests the User makes a Booking, are aware of the Booking, these Terms and other conditions of the Booking.
Responsibility
The Company shall not be liable to the User for losses caused by actions (inaction) of the Hotel, including for moral damages, except for cases where the losses were caused by the intentional wrongful actions of the Company, fraud or willful deception of the User. Limitation of liability of the Company extends to all cases of a Hotel’s inability to accommodate the User as per the Voucher, when the Hotel’s refusal/inability to accommodate the User occurred through no fault of the Company.
The Company shall not be liable to the User for the quality of Hotel Services.
The Hotel reserves the right to refuse in accommodation without legal representatives to underage guests in accordance with the legislation of the country where the Hotel is located. The User is obliged to request the possibility of self-settlement of such minors at the time of Booking additionally, otherwise the Company is not responsible for the refusal of the Hotel in their accommodation.
Should the Hotel fail to accommodate the User in the Hotel (through no fault of the Company), the Hotel at its own expense can offer the User an alternative accommodation at a similar Hotel in Rooms of the same or higher category without charging any additional fees. The User is obliged to inform immediately the customer support Service of the Hotel’s refusal to accommodate the User on the terms specified in the Voucher.
Should it be impossible to accommodate the User in the Hotel, the Company can also, but is not obligated to, at its own expense, offer to the User alternative accommodation options (in addition to those offered by the Hotel) that meet or exceed the level of the previously booked Hotel. The User has the right either to accept the suggested options or to choose a Hotel independently. If the User decides to choose an alternative accommodation independently and refuses the options offered by the Hotel or the Company, the User must inform immediately the customer support Service of his/her decision, and the Company shall return to the User the full Booking amount originally paid by the User.
Where the Hotel Services were not provided to the User as per the Voucher, the User has the right to demand from the Company a compensation in the amount not exceeding 50% of the amount of the original Booking actually paid by the User, only if (a) alternative accommodation options offered by the Hotel or the Company did not meet the level of the previously booked Hotel, and (b) the impossibility of accommodating the User in a previously booked Hotel was due to guilty actions (inaction) of the Company.
The User acknowledges and agrees that any other liability of the Company and its Directors, employees, officers, agents, partners, affiliates and other persons involved in the formation and maintenance of an information database on the Service (including, in particular, the description of Hotels and the Hotel Services, the cost and availability of Rooms, the terms of the Booking cancellation and amendment) is excluded in accordance with any applicable law.
The User relieves the Company of any responsibility for any negative consequences or losses resulting from circumstances beyond the Company’s control, including those resulting from the inaccuracy, insufficiency and untimeliness of data and documents provided by the User when making a Booking or at check-in or in case of the User’s breach of any other conditions, regulations and requirements stipulated in these Terms and any applicable laws.
All information about the Hotels included in the database and available for Booking via the Service, as well as the terms and conditions of the Booking cancellation and amendment are provided by the Hotels, their duly authorized agents, distributors or other representatives. The Company is not responsible for inaccuracies or errors in the descriptions, prices and other information about the Hotels and the Rooms including non-compliance/partial compliance of the Hotels and Rooms with photographic images submitted by Hotels and included in the database of the Service.
The Company provides the User with the information about the Hotels included in the database, on an "as is" basis without any warranties. The Company is not responsible for the accuracy and completeness of the information provided on the Service including the description of the Hotels, the Booking rate, the room availability and the Booking cancellation policy. The User must exercise caution when choosing a Hotel and take into account the information about the quality of the Hotel Services, customer feedback and the current ratings of the Hotels that are available from other public sources.
Considering the fact that the Service is a technologically complex system, which may cause errors at any time, the User is hereby notified that upon detection of inconsistency of information contained in the System about Hotel Services (including their cost) to actual data and information, the Company reserves the right to unilaterally cancel the Booking made by the User on the basis of incorrect information. In case of cancellation of such Booking, the Company shall refund the cost of the Booking paid by the User; herewith the User releases the Company from any liability connected with such Booking cancellation.
The Bookings, which were made by the Hotel or other partner of the Company, are subject to the terms and conditions applicable to the Users, including those, related to the deduction of the cost in case of subsequent cancellation/modification of such Booking.
Other Terms and Conditions
Generally, the Service is not intended for a Booking of two (2) or more Rooms with the same dates of arrival and departure (Group Booking). For Group Bookings, the User must contact the customer support Service. Otherwise, the User might face adverse consequences (cancellation, failure to check-in, full or partial deduction of the Booking cost, etc.), the responsibility for which lies solely with the User.
The User shall be acquainted with all Booking terms during the Booking process. If the User does not understand any of the Booking conditions including the Booking cancellation policy, the User needs to clarify the necessary information with the customer support Service. The Company recommends that the User completes the Booking only when the User fully understands all essential terms of the Booking, its cancellation and amendment, including the conditions of application of consequences for it. The Parties will make every effort to reach an agreement on disputed issues through negotiations.
In case of contacting the customer support Service, the User agrees not to disclose the content of the relevant appeal and subsequent communication on it to the third parties, including, but not limited to, not to place it on the third-party sites, as these actions may entail the disclosure of personal data, commercial information of the Company or other information protected by an applicable law. In case of violation of this obligation, the Company reserves the right to demand from the User compensation for losses incurred due to the disclosure of the relevant information.
The User is obliged to notify the Hotel or the Company, if the check in of the User is possible after 21:00 local time of the Hotel, otherwise the Hotel has the right to refuse the User to check in, which will be considered as a No-show in accordance with the terms of this Agreement.
The laws of England and Wales shall govern the relations of the Parties under these Terms.
The Company shall reserve the right to amend these Terms, therefore, by making a Booking, the User accepts the Terms effective at the time of the Booking.
