Centralr.com - Terms and Conditions -

These terms and conditions constitute a legal “Agreement” between You (You, the owner/manager of the hotel(s) that is agreeing to this agreement) and the company “CentralR.com” ("CR","we","the company" and "us").

Please read these Terms carefully. By signing the registration form, you are indicating your agreement to be bound by these Terms.

The Agreement shall be for an initial period of 12 months commencing on the commencement date and thereafter will continue until terminated by at least 3 months written notice.

Our Service:

As part of the service we will act as your agent to promote your Hotel and transact reservations.

(a) We will design, develop and host a web site (Site) for the hotel or guest house specified by you (Property) and use our reasonable endeavors to include details of the Property on other web sites operated by our business partners and other third parties (Third Party Sites), subject to the approval of the owner of the relevant site.

(b) You will provide all material for incorporation on the Site (including room rates, availability, terms and conditions for bookings, disclaimers, trademarks or logos and all text and graphics required by you) (Information) in the format and at the times agreed with us. The content of the Site will be subject to our approval

(c) We will be entitled to reproduce, anywhere in the world, screen shots of the Site for the purpose of promoting You\CentralR Extranet

Extranet

(a) We will provide you with an online facility (Extranet) to update your rates and availability. You will ensure that the Information displayed on the Site is accurate and up to date at all times. We will provide you with: a user ID and password; and remote administrative access to the Site 24 hours a day (subject to routine maintenance).

(b) Once a room is booked, a legal contract exists between the guest and the client, whereupon the hotel is fully responsible for providing the guest with the room booked online with CR. We will not be responsible for any incorrect or over-booking which results from your failure to update the Site. You will refund the sums paid by the guest and find suitable alternative accommodation.

Intellectual property Rights

You do not acquire any rights relating to our trademarks, patents, database rights, or copyright in or to the CR site or the Site other than as expressly set out in these terms. It is your responsibility to protect the copyright, trademarks and trade names contained in the Information and to provide to us any relevant notices or disclaimers relating to ownership of such intellectual property rights for use on the Site.

Fees and Payments

(a) In consideration of us providing the Service you agree to pay a setup cost (if applicable). The Setup cost will depend on the payment plan chosen by you during the sign up procedure.

(b) Commission: CentralR will be charging the commission directly from the guests at the time of Booking. Remaining amount will be paid to the Hotel. The Commission will depend on the payment plan chosen by you during the sign up procedure. The commission is calculated as a percentage of the nightly room rate charged to the customer multiplied by the number of nights the customer reserves to stay at the hotel where such reservation were generated.

Your Obligations:

Indemnity

You will indemnify us against any loss, damage, costs and expenses (including reasonable legal fees and costs) incurred by us in connection with:

• any claims brought against us or our business partners arising from use of the Information in accordance with this agreement;
• any breach by you of any of these Terms; and
• Any other claim brought against us or our business or partners arising from a customer’s use of your Property and any facilities at that Property.

Data Protection

(a) Each party will ensure that the requirements of the Data Protection Act 1998 and any other relevant legislation are met in performing our obligations under these Terms.

(b) All data received or created by us in relation to users of the Site, the AH Site or Third Party Sites (Data) shall, on creation, will belong to us. You expressly assign to us any and all rights you may have or acquire in the Data. You will not, without our prior written consent:

Termination

We may immediately terminate this agreement if:

(a) You do anything which is incompatible with the Service or you do anything which may affect the quality of the Service.

(b) The client fails to honor reservations made through the CR system.

Once terminated we will stop our service providing reservations, you shall cease to be entitled to use the Site, and you will cease to use the Information for any purpose.

If we terminate this agreement upon breach upon terms, we reserve the right to cancel the contract without notice and the client agrees to pay any outstanding payments within 30 days to the company’s registered office. In cases where clients avail of a Target Deal, all monies become payable and are considered owed to the company CentralR.com at the time of cancellation of the agreement.

The client may cancel the agreement at any time with CR by giving 3 months written notice by registered post. Upon giving the specified 3 months’ notice, the client may not withdraw all rates and availability and must endeavour to provide CentralR with a reasonable inventory for the duration of the 3 month notice period. If the client has chosen to avail of a Target Deal, and wishes to terminate the agreement within the first 12 months, any outstanding set up fee established at the commencement of the agreement (plus GST where applicable), will be invoiced to be paid in full within 30 days, regardless of whether or not the target has been met at the time of cancellation of the agreement.

Limitation of Liability

(a) We will not be liable for your loss of profits, wasted expenditure, corruption or destruction of data or any other loss which results from your use of the Service, even if we are aware of the possibility of such damage arising. We do not warrant that the content on the Site, the CR Site or Third Party Sites will be free from errors or viruses or that it will not be defamatory or offensive.

(b) If a fault occurs in the Site, the CR Site or a Third Party Site, you should report it by contacting the CR Help Line. Your access to the Site or the CR Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as it reasonably can.

The Client Shall

(a) Advise the Company in writing of any addition or change to the property.
(b) Agree to provide the company with continued room availability and room rates which are reasonably deemed to be adequate and competitive.
(c) Nominate one person to be the principal contact between the parties and to whom the Company shall send all correspondence.

Service Limitations

The Services do not include the following non-exhaustive list of items except where such item or action was caused through failure of the Company to fulfill its obligation under the terms of this Agreement:

(a) Changes to the website by anyone other than the company.
(b) The website being compromised by a "Hacker", that being an unauthorized third party.
(c) The design, logos produced by the company and any code will remain the property of CR

Confidentiality

The terms of this agreement and all information disclosed by either party, its servants, agents, or contractors to the other party in connection herewith are supplied in confidence and shall be treated by the other party as confidential. This does not apply to confidential information which either party is required to disclose by law or by reason of any rule of any other regulatory body having jurisdiction over that party or with whose directions that party is bound or accustomed to comply.

General

ENTIRE AGREEMENT: TThis is the only agreement between you and us relating to the ENTIRE AGREEMENT: This is the only agreement between you and us relating to the service.

CONFIDENTIAL: Each party shall keep confidential all information, whether written or oral, concerning the business or affairs of the other party which is obtained or received as a result of the discussions leading up to, the entering into or the performance of these Terms.

DATA PROTECTION: Each party will ensure that the requirements of the European Data protection Legislation are met in preforming all obligations under this Agreement.

GOVERNING LAW: This Agreement shall be deemed to be made in Ireland (or any other place as specified in agreement) and shall be subject to and construed in accordance with Irish Law (or any other country's law as specified in the agreement).

USE OF SERVICE: The client is solely responsible for any legal liability arising out of, or relating to, his/her web site. The client represents and warrants to the company that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site.

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CentralR.com \| T: (00 353) 01 764 2500 \| F: (00 353) 01 633 5445 \| www.centralr.com \| info@centralr.com
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