- Acceptance of these terms and conditions
1.1 Acceptance of terms
1.2 Role of Partners
You acknowledge that Service you reserve through NOOVY Platform is provided by the respective Partner operating respective Facility you select within the Reservation process. In case you are contracting directly with NOOVY Systems, you are provided with Reservation Service from NOOVY Systems and upon submitting yourReservation request you authorise NOOVY Systems to facilitate the Reservation on your behalf, including the making of payment arrangements. You understand and agree that the Service reserved through NOOVY Platform is honoured by the respective Partner and not by NOOVY Systems. Please be aware that Partners may have further limitations and/or charges for provision for your Services. Please read any additional terms and conditions applicable to the particular Partner prior to making the Reservation.
1.3 Your Information
All information provided by you in connection with the use of NOOVY Platform, particularly, but not limited to, the purpose of Reservation, shall be true and accurate and may be relied upon as such.
You also acknowledge that you are at least 18 years old. If you are below this age, you are not entitled to use NOOVY Platform.
- Definitions and interpretation
In this Guest’s Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
“Guest Price List” means the price list of NOOVY Systems for the provision of particular Accommodation available to Guests via NOOVY Platform
“Guests” means persons requesting, being provided or having been provided with Service
“Guests’ General Terms and Conditions” means current version of Terms and Conditions for Guests as may be amended from time to time by NOOVY Systems and published via NOOVY Platform
“Facility” means hotel or other facility used for arranging of Services for Guests, operated by a Partner and enlisted via NOOVY Platform
“Fees” means total fees payable for Service set out along with the listing of the respective Facility; such fees are construed as a facilitation fee to be paid to NOOVY Systems and a fee for Reservation payable to the Partner operating the Facility
“Listed Services” mean Services available for reservation by a Guest and specified in NOOVY Platform
“NOOVY Network” means a set of hotels or other Facilities where, on the basis of specific arrangements between Partners operating those Hotels, Guests are entering into contract directly with NOOVY Systems. These Facilities are specifically marked and denoted as “NOOVY Payments” within NOOVY Platform
“NOOVY Platform” means this platform via which you are able to make a Reservation (notwithstanding it is website or other platform operated by NOOVY Systems or website of Partner with a reservation engine provided by NOOVY Systems)
“NOOVY Systems” means NOOVY LTD a private company with limited liability organized under the laws of Ireland, having its registered address at Chase House, City Junction Business Park, Northern Cross, Dublin 17, registered with the Irish Chamber of Commerce with number 662588.
“Partner” means operator of a Facility provided by or via NOOVY Systems
“Payment Instrument” means any available payment instrument allowed for the Guest to pay Fee via NOOVY Platform which may include credit card or debit card
“Reservation” means a reservation of Service provided for a Guest via NOOVY Platform
“Reservation Service” means service provided by NOOVY Systems to Guest in case a Facility is part of NOOVY Network and consists of pre-negotiation of Unit price for Service along with facilitation of reservation of such Service on behalf of a Guest
“Unit price” means price charged by a Partner or NOOVY Systems for selected Listed Service in accordance with prices available in the NOOVY Platform
“Service” means accommodation or other service published, offered or provided to Guests by NOOVY Systems or by Partners via NOOVY Platform
- Reservation and cancellation
Any of Listed Services are available to you on a real-time basis and are subject to availability at the time of making Reservation. The availability shall be confirmed by Partner or by NOOVY Systems to your e-mail from your profile or entered within Reservation process without any undue delay from making the Reservation.
Within the process of Reservation, you will be prompted to fill in the data required for making your Reservation and honouring the Services. Once you submit your Reservation, you shall make any changes therein only with our consent or consent of relevant Partner, unless such changes are made prior NOOVY Systems or relevant Partner sends you relevant confirmation. Upon confirmation of your Reservation, you agree that your Payment Instrument may be pre-authorised for the full amount of Fees related to Reservation. In case you select the mode of “Advanced Payment” or similar mode under which you are required to remit the total payment in advance, you agree that we charge your Payment Instrument for the total Fee.
You may cancel your Reservation only until we or our relevant Partner send you confirmation of your Reservation. In such case all pre-authorisations to your Payment Instrument will be released and/or funds already charged will be refunded in a commercially reasonable time. In case Partner cancels your Reservation after the confirmation, we will send you an e-mail informing you thereof and offer you alternatives for your services.
3.4 Specific Reservation and Cancellation Policies
Please read carefully reservation and cancellation policies of NOOVY Systems or relevant Partner in connection with specific Services (such as accommodation in a hotel – e.g., fully flexible booking or advance payment), which shall apply in cases of such specific Services. You will be prompted to agree with such terms prior to submission of your Reservation.
4.1 Currency and taxes
Fees on NOOVY Platform are in euros or in the local currency where applicable. They are inclusive of taxes to the exclusion of local taxes, and include applicable taxes, service charges, levies, resort fees, gratuities, or surcharges, unless otherwise noted, which are collected by the Partner on behalf of third parties and may be charged separately in the amounts applicable at the time of the Service provided.
Fees of Listed Services may be modified at any time. This does not apply to already made Reservations unless applicable taxes are modified by law.
Listed Services are not valid in conjunction with any other offer or contract and do not apply to groups. Fees are per unit (i.e. per person and one service unit, e.g., room/per night), Fees may vary by arrival date and/or length of service/stay. Early service termination (e.g., early departure) fees may apply.
Fees will be displayed to you before you send Reservation request via NOOVY Platform for a particular Facility (as depicted in relevant listings).
- Terms of payment
5.1 Payment authorisation
In cases where the Facility reserved by you is part of NOOVY Network, you expressly authorise NOOVY Systems to Reservation payment and to charge your Payment Instrument for the total Fee.
All Reservations require a guarantee or deposit in lieu of a guarantee. If a guarantee or deposit has not been supplied by the time specified within NOOVY Platform or the Reservation(s) is not utilised at the time or under other terms of Listed Service, the relevant Reservations(s) may be cancelled without notice, and we reserve the right to provide the relevant Reservation(s) to another person (e.g., to re-let the relevant room or facility in case of accommodation booking) without prior notice. In such circumstances we will not be obliged to refund any deposit paid by you (or by any other person in connection with the Reservation).
5.3 Full payment
In case you select “Advance Payment” mode of Reservation, full payment must be made at the time of making your Reservation. You hereby authorise us to make charge your Payment Instrument at the time of Reservation.
5.4 Payment methods
Accepted methods as a guarantee include: credit card, deposit, a pre-approved travel agent, or a pre-approved company. You may also provide a deposit as a method of guarantee by way of wire transfer, cash, or credit card. In order to guarantee and confirm your Reservation, you must provide details of your Payment Instrument. In certain cases (for the purposes of pre-payment or guarantee), your Payment Instrument could be charged or pre-authorised.
All pre-paid Reservations are non-refundable for any reason unless the Partner agrees otherwise with you. No money will be debited from your account in respect of cancellations until the last possible time you could have checked for relevant Service without incurring the relevant charge described in these Guests’ General Terms and Conditions or specific our or Partner’s terms applicable to the relevant Service.
- Access to Noovy platform
6.1 NOOVY Platform is available free of charge. Neither NOOVY Systems nor their Partners are responsible for any additional charges that may be imposed on you by your mobile or other network service operator.
6.2 There is no guarantee that NOOVY Platform, or any contents therein, will always be available uninterrupted. Access to the site is permitted on a temporary basis. The site or any of its parts may be suspended, withdrawn, or discontinued without notice. Neither NOOVY nor their Partners shall be liable to you if, for any reason, the site is unavailable at any time or for any period.
6.3 You are responsible for making all necessary arrangements to allow yourself access to the site. You are also responsible for ensuring that all persons who access the site through your Internet connection are aware of these Guest’s General Terms and Conditions and that they comply with them.
- Use policy
7.1 Damage to Facility
You shall use the Facility (to which you are being granted access to for the purpose of Services delivery) and leave it in the way it was when you arrived (notwithstanding standard wear and tear). You agree that you are also responsible for acts and omissions of other persons who access the Facility. In case the Partner claims or otherwise has evidence of damage, you agree to pay the costs of replacement or repair of the damage. After being notified of such claim in advance (at least 48 hours), you agree that the charge may be made to your Payment Instrument used during the payment of the Facility. You also agree to cooperate with NOOVY Systems and/or the Partner to provide information necessary to evaluate the damage claims to the insurance company(ies) on the basis of the Partner’s insurance policy. Any amounts claimed from the insurance already paid by you will be refunded to you.
7.2 User conduct
You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to:
- Access and extract information from NOOVY Platform via automated means;
- Make any steps which may cause an extraordinary load on NOOVY Platform; or
- Deep-link, mirror, or frame any parts of NOOVY Platform.
- Data privacy
8.1 Consent to Partner
8.2 Consent to NOOVY Systems
- Intellectual property rights
9.1 Rights reservation
NOOVY Systems holds all intellectual property rights in the NOOVY Platform, and the Partners are authorised users. A Partner is the sole owner, licensee, and permitted user in respect of any contents and materials published within their listing on NOOVY Platform or on the underlying site. All works (site and its contents) are protected by copyright and treaties around the world. All such rights are reserved.
You may use NOOVY Platform and its contents solely for personal, non-commercial, and private use subject to applicable copyright laws. You must not use any part of the site without obtaining a license to do so from NOOVY Systems. You must not use any of the site content from a Partner or, as the case may be, any other authorised licensor without obtaining a license.
9.3 Restricted use
You must not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material on this site without being granted permission to do so.
9.4 No license
Nothing contained on this site should be construed as granting to you or to anyone else any license or right to use any trademarks or other intellectual properties of Partners or of NOOVY Systems. You may also not use any meta-tags or other hidden text utilizing this intellectual property.
9.5 IP Notice
In case you think that any of intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the address set out herein; such notice must include:
- Identification of protected material which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
- Description of how the relevant protected material is being infringed and role of our NOOVY Platform and/or our Services therein;
- Determination of owner/holder of protected material and his consent with sending this notice to us;
- Your contact address; and
- Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.
9.6 IP Counter-notice
If a material you have posted to our NOOVY Platform has been removed or disabled, you may file a counter notice to the address set out in these terms; such notice must include:
- Identification of material which have been removed or disabled along with location where the material has been placed; and
- Your statement that you have a good faith to believe that the material must have been removed or disabled as a result of mistake or misidentification, description of your rights to the material and your statement that you indemnify us and/or the intellectual property holder for any damage or loss caused if your representation within notice turns out to be untrue.
- Specific conditions for Noovy network facilities
Specific conditions set out herein are only applicable in cases where you are making a Reservation to a hotel or hostel Facility and a part of NOOVY Network.
10.2 Reservation options
You may select one of several reservation options provided by NOOVY Systems (Fully Flexible and Advance Purchase) within your Reservation (booking) process.
- Fully Flexible – Easy Cancellation. This option provides the most flexible option to your choice of Service (accommodation). It includes available food arrangement, applicable taxes, and service charges.
- Advance Purchase – Non-refundable. This option requires full prepayment of the Fee. In case of changes or cancellations, the payment is non-refundable. This option includes available food arrangement, applicable taxes, and service charges. If you depart early, cancel, or fail to honor this Reservation for any reason, you will not receive any credit or refund. Any extensions of your stay will require a new Reservation for the additional date(s), subject to availability and prevailing rates, and this option shall not apply, unless you are instructed otherwise by the property.
10.3 Extra beds
Extra roll-away beds might be available and will have an additional fee. The Facility is happy to provide more information.
10.4 Checking in and out
Rooms in Facility (hotel) are available from 15:00 on the arrival date or any other time indicated by the Facility. Please let personnel of the Facility know at least 24 hours in advance if you or any member of your group is likely to arrive after 23:00 on the arrival date. Failure to inform may result in the relevant Reservation for that person being cancelled, and the room being re-sold to another customer. If no notice is given, no refund of any deposit shall be payable. Rooms must be vacated by 12:00 on the day of departure or any other time indicated by the Facility. Failure to leave by that time may result in additional charges, including the cost of one additional night’s accommodation in the relevant room(s).
10.5 Event bookings
Event bookings are subject to separate terms and conditions which the Partner will communicate to you prior to the time of booking.
10.6 Loss or damage of your personal belongings
Neither Partners nor NOOVY Systems will be responsible for the loss or damage of the clients’ or guests’ belongings that have not been left in the mutually agreed care of the Facility’s management.
11.1 No liability for website
Neither NOOVY Systems nor the Partners provide any guarantee regarding the website and its contents. You are solely responsible for your use thereof.
11.2 Site operation
Neither NOOVY Systems nor the Partners shall be liable for any direct, indirect or consequential losses or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage of data), arising out of this site or the use thereof, or any errors, inaccuracies, omissions in the services or contents provided howsoever caused.
11.3 Force majeure
Neither NOOVY Systems nor the Partners are in breach of these terms and/or can accept any liability or pay any compensation (other than to refund money paid for services not yet rendered) if NOOVY Systems and the Partners are unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.
11.4 Liability limitations
At no time the liability of NOOVY Systems or the Partners shall exceed the amount you have paid to Noovy Systems or to the Partner for Services in that particular Facility in connection with you’re the relevant Reservation. Neither NOOVY Systems nor the Partner shall be liable for (1) any loss not caused by breach of contract in connection with the Facility, breach of statutory duty, or negligence, (2) any indirect or consequential loss, or (3) any loss caused by you or any member of your group. Nothing in these terms shall operate to limit or exclude the Partner’s liability or the liability of NOOVY Systems for fraud or death or personal injury or any other matter that cannot be limited or excluded by law. Both NOOVY Systems and the Partners reserve the right to cancel any event or Service/Reservation that they reasonably consider could damage their reputation. In some of these instances, no refund will be given. You shall be responsible for the orderly conduct of you and your guests and shall at all times not cause a breach of Partner’s policies and any applicable law or cause nuisance to other Guests of particular Facility.
You shall reimburse the Partner and/or NOOVY Systems in full for any loss or damage caused to either party respectively. You shall also reimburse the Partner and/or NOOVY Systems for any interruption to their business through your acts and omissions or through those of the members of your group. Whether by negligence or otherwise, these acts and omissions are defined by any measure that construes your false representation or that is in violation of these Guest’s General Terms and Conditions (or any other applicable terms and laws in connection with your Reservation and/or Services in case of a claim by a third party). We reserve the right to charge your Payment Instrument for any such amounts.
The site provides links to other sites; however, inclusion of these links does not imply any endorsement of such linked site or any association with their operation. Neither NOOVY Systems nor the Partners shall be responsible for the contents of the linked sites or your use thereof.
11.7 No waiver by NOOVY Systems nor the Partners of any breach of these terms shall be a waiver for any subsequent breaches of the same or other types of provisions.
These Guests’ General Terms and Conditions may be updated or changed from time to time and shall be fully effective after their publication on NOOVY Platform (which will be declared via the “Changes Effective” date at the top of the Guests’ General Terms and Conditions). In case you use NOOVY Platform after publication of the changes, you are indicating that you agree to be bound by the modified Guests’ General Terms and Conditions.
12.2 Mandatory contract changes
If and to the extent these terms are amended after you have made a Reservation and shall affect your contract in terms of taxes or other changes arising out of local laws, you will be notified thereof via the electronic contact you have provided within the Reservation process.
12.3 Dispute resolution
You agree that any conflict, dispute, controversy, or claim arising out of or relating to these terms or the relationship created by these terms shall first be resolved by working together in good faith, including an appointment of a mutually agreeable mediator to resolve the dispute. In case the dispute is not settled, it shall be finally resolved by the competent court in Dublin, Ireland.
12.4 Choice of law
These Terms and Conditions are governed by Irish law, unless other laws are applicable without regard the choice of law.