Terms & Conditions
Effective from September 11, 2018
Parties and Account Ownership
Sirvoy Booking System (hereinafter called “the system”) is a service provided by Sirvoy Ltd (hereinafter called “Sirvoy”), registered in Ireland. The subscription holder and account owner (hereinafter called “the customer”) is the person whose email and contact information were originally used to sign up. If the person signed up on behalf of an employer, then the employer shall be the account owner.
In the event of a dispute regarding account ownership, Sirvoy reserves the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. Sirvoy retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner, or to temporarily disable an account until resolution has been determined.
Approval of Terms and Conditions
The customer approves the terms and conditions during registration by checking the box in the registration form on the Sirvoy website. Sirvoy may occasionally adjust the terms and conditions. By continuing to use the system after those changes are made, the customer is expressing and acknowledging his acceptance of the changes.
Scope and Use
The subscription gives the customer the right to use the system. The subscription cannot be used by others or for data processing for others. Maximum allowed number of bookable objects and any other indicated limitations must not be exceeded. The customer is only entitled to use the system for the intended purposes. In case of abuse, the subscription will be terminated without warning.
Terms of Payment and Invoicing
Billing is processed every month. Fixed charges and variable costs are deducted from the customer’s account balance. The account will be locked if the account balance is negative for more than 10 days. If payment has still not been received within 60 days, the account will be terminated. Payment reminders will be displayed after login and/or sent to the customer by email.
Duration and Termination
The customer may use the system as long as the account balance is not negative. Money paid into the account will not be refunded. The account may be terminated 60 days from when the account balance has gone negative or upon request from the customer.
The customer owns and may use the data as the customer see fit. Reservations are left in the system at least 18 months from check out date, but may thereafter be erased, unless already erased by the customer. Upon ending the subscription, the customer may export his data using the export functionality. The customer data will be deleted one year after the subscription expires, or sooner upon customer’s request, and Sirvoy has no obligation to store data after this period.
Sirvoy aims for the highest possible operational stability, but is not responsible for any interruptions due to factors beyond Sirvoy’s control. Such interruptions include power failure, failure of equipment and connections, and the like.
Maintenance and System Changes
To provide the best service possible, Sirvoy may occasionally adjust or update the system. In such cases it may be necessary to temporarily shut down the system access. Sirvoy has the right to update and improve the system and also change functionality, as long as basic service is maintained, i.e. registration and management of reservations.
Sirvoy will announce any price increases at least three months in advance, except for those that may be required because of inflation, exchange rates, third-party price increases or other factors beyond Sirvoy’s control. New functionality such as additional modules or features can be priced separately.
The system is copyrighted and owned in full by Sirvoy. Sirvoy may at any time transfer its rights and obligations to third parties, provided that the third parties intend to continue to maintain the system according to these terms and conditions.
Obligations of the Customer
The customer has the complete and full responsibility of the individual transactions and agreements entered into and managed through the system. The customer is responsible at all times for verifying that the information recorded or displayed in the system is correct. The customer must not act in a manner that adversely affects others’ ability to use the system, and the customer must not register offensive or misleading information.
The customer acknowledges that, to the extent permitted by applicable law, his sole and exclusive remedy for any problems or dissatisfaction with the system, the third-party applications or the third-party application content is to stop using the system, the third-party applications or the third-party application content.
Obligations of Sirvoy
Sirvoy endeavors to provide the best service possible, but the customer understands and acknowledges that the system is provided “AS IS” without express or implied warranty or condition of any kind. The customer uses the system at own risk. Sirvoy disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. Sirvoy is not responsible for damage caused by business interruption, loss of income, consequential damages or other indirect loss or damage.
Sirvoy does not warrant, endorse, guarantee or assume responsibility for any third-party applications, third-party application content, user content, or any other product or service advertised or offered by a third-party on or through Sirvoy’s system or any hyperlinked website. The customer understands and acknowledges that Sirvoy is not responsible or liable for any transaction between the customer and third-party providers of third party applications or products or services advertised on or through Sirvoy’s system.
Usage of Sirvoy’s Channel Manager
The customer is responsible at all times to verify that room types are mapped correctly, and that bookings, rates and availability are updated correctly to and from booking channels. Sirvoy is not responsible for any loss of income or costs incurred by incorrect information being published to booking channels.
The customer understands that there is an inevitable risk of overbooking if a certain room is offered through multiple booking channels simultaneously, and the customer accepts full responsibility. Any overbookings or issues must promptly be handled and solved by the customer in cooperation with the booking channel.
Privacy and Data Protection
Sirvoy has taken all reasonable precautions necessary to prevent the destruction, loss or access and abuse of system information by any unauthorized third party. Sirvoy processes customer data for the customer alone and not for its own, non-relevant purposes. Sirvoy keeps all customer data confidential and will only disclose information about the customer to a third party if it is relevant to the service being provided through this agreement. Sirvoy will contact the customer with critical information related to the customer’s account when needed.
Any personal data collected will be processed in a fair, legal, transparent and GDPR (General Data Protection Regulation) compliant way. GDPR compliant third party services may be used for data processing. Sirvoy is authorized to act as the “processor” of personal data in behalf of the customer, who will be the “controller” of the data. The customer may request a data processing agreement (DPA) from Sirvoy, to supplement this agreement.
The customer must handle and process personal data and guest information according to applicable privacy and data protection regulations, such as the GDPR. The customer is responsible for obtaining consent for any processing of personal data, email communications and similar processing. The customer must honor any requests to share, modify or delete a person’s data, e g by deleting booking history data, etc. Sirvoy will not unnecessarily store any data once it has been deleted by the customer.
Any dispute regarding these terms and conditions shall be entered in Irish court.