TERMS OF LISTING BACKGROUND: These Terms of Listing set out the terms under which Bookings are made and Hotel Listings are sold by Us to customers (“You/Your”) through Our website, RightRooms.co (“RightRooms”). Please read these Terms of Listing carefully and ensure that You understand them before submitting a request for a Hotel Listing and/or purchasing […] RightRooms

TERMS OF LISTING

BACKGROUND:

These Terms of Listing set out the terms under which Bookings are made and Hotel Listings are sold by Us to customers (“You/Your”) through Our website, RightRooms.co (“RightRooms”). Please read these Terms of Listing carefully and ensure that You understand them before submitting a request for a Hotel Listing and/or purchasing a Hotel Listing. You will be required to read and accept these Terms of Listing when completing Your Booking. If You do not agree to comply with and be bound by these Terms of Listing, You will not be able to submit a Booking and/or purchase a Hotel Listing to RightRooms. These Terms of Listing, as well as any Contract shall be in the English language only.

Definitions and Interpretation
1. In these Terms of Listing, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” “Contract”	means an order from a Listed Hotel for a Hotel Listing; means a contract for the purchase of a Hotel Listing, as explained in Clause 6;
“Hotel Listing(s)” “Listed Hotel”	means standard directory listing(s) posted on RightRooms, in exchange for a fee, by a Listed Hotel, providing details of the Listed Hotel; means any hotel or other similar business featured in a Hotel Listing;
“Listing Confirmation”	means Our acceptance and confirmation of Your Hotel Listing;
“Listing ID” “Listing Date”	means the reference name for Your Hotel Listing; means when the hotel listing is ready to go live

“Users” “We/Us/Our”	means the persons that access RightRooms in order to browse the Hotel Listings and/or other content available on RightRooms; and means RightRooms (Global) Ltd.

Information About Us
1. RightRooms is owned and operated by RightRooms (Global) Ltd, a limited company registered in England under company number 12010613, whose registered address is 4^th Floor, 86-90, Paul Street, London EC2A 4NE, United Kingdom.
2. Our VAT number is 341097808

Access to and Use of RightRooms
1. Access to RightRooms is free of charge for all Users.
2. It is Your and all Users’ responsibility to make any and all arrangements necessary in order to access RightRooms.
3. Access to RightRooms is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue access for Users and/or You to RightRooms (or any part of it) at any time and without notice. We will not be liable to You in any way if RightRooms (or any part of it) is unavailable at any time and for any period.
4. Use of RightRooms is subject to Our Website Terms of Use (https://rightrooms.co/static/terms_of_use) Please ensure that You have read them carefully and that You understand them.

Business Customers
1. You must be a business customer and You cannot be a consumer in order to make a Booking and/or enter into a Contract with Us.
2. These Terms of Listing regulate the Contract between Us and constitute the entire agreement between Us and You with respect to Your purchase of Hotel Listings from Us and/or Your booking of a Hotel Listing. You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Listing and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

Hotel Listings, Pricing and Availability
1. We may from time to time change Our pricing. Changes in price will not affect any Hotel Listing that You have already purchased but will apply to any subsequent renewal of a Hotel Listing or a new Hotel Listing. We will inform You of any change in price at least 30 days before the change is due to take effect.
2. We make all reasonable efforts to ensure that all prices shown on RightRooms and in Our promotional and/or sales material are correct. Changes in price will not affect any order for a Hotel Listing that You have already placed (please note sub-Clause 5.3 regarding VAT, however).
3. Prices on RightRooms are shown both inclusive and exclusive of VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Orders – How Contracts Are Formed
1. RightRooms will guide You through the process of purchasing a Hotel Listing and/or booking a Hotel Listing. Before We post Your Hotel Listing online, You will be given the opportunity to review it and amend it. We will allow up to two rounds of amendments. You must complete these rounds within ten working days provided we respond to you on each round within two working days. Please ensure that You have checked Your Hotel Listing carefully before accepting it. We will set a deadline of ten working days for Your acceptance of the draft text of and the design including but not limited to pictures in Your Hotel Listing, and We will ask You to provide Your feedback to this before such deadline failing which Your Hotel Listing may be deemed accepted by You.
2. If, during the order process or subsequently, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your Booking due to incorrect or incomplete information, We may contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We may temporarily delist or cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of Your Hotel Listing on RightRooms that results from You providing incorrect or incomplete information.
3. No part of RightRooms constitutes a contractual offer capable of acceptance. Your order to purchase a Hotel Listing and/or booking a Hotel Listing constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Listing Confirmation by email. Only once We have sent You a Listing Confirmation will there be a legally binding Contract between Us and You.
4. Listing Confirmations shall contain the following information:
  1. Your Listing ID;
  2. Confirmation of the Hotel Listing including full details of the main characteristics of Our services included in Your Hotel Listing;
  3. Fully itemised pricing for Your Hotel Listing including, where appropriate, taxes, and other additional charges;
  4. The period of time for which Your Hotel Listing will be available on RightRooms from the Listing Date to the automatic renewal date

In the unlikely event that We do not accept or cannot fulfil Your Booking for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You.
Any refunds due under this Clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 6 will be made using the same payment method that You used when purchasing Your Hotel Listing.

Payment
1. The following stipulations (7.2-7.5) will apply unless otherwise agreed with Us in writing.
2. Payment for Hotel Listings must always be made in advance. We will send you an invoice in advance and Your chosen payment method will be charged when We confirm your listing is ready to go live and not more than 14 days before each renewal date. Renewal will be automatic if not cancelled. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
3. We accept the following methods of payment on RightRooms:
  1. by credit card
  2. by bank transfer
  3. by direct debit
4. If You do not make any payment due to Us on time, We will not make Your Hotel Listing available on RightRooms or, in the case of a renewal, will suspend its availability on RightRooms. If You do not make payment within 7 days of Our reminder, We may cancel the Contract, and will inform You of the cancellation in writing

Hotel Listings
1. You agree that You will be solely responsible for Your Hotel Listing and its content including but not limited to information provided by You and pictures uploaded by You. We accept no responsibility for the content of Hotel Listings. Specifically, You agree, represent, and warrant that You have the right to submit the Booking for the Hotel Listing, that all the information in the Hotel Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that You do not have the right to include, and that the Hotel Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
2. You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
3. You (or Your licensors, as appropriate) retain ownership of the content of Your Hotel Listing including but not limited to pictures provided by You and all intellectual property rights subsisting therein. By submitting a Hotel Listing, You grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Hotel Listing for the purposes of operating and promoting RightRooms.
4. Your Hotel Listing will be made available on RightRooms as soon as reasonably possible after We send You notice it is ready to go live and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended.
5. In some limited circumstances, We may need to suspend the availability of Hotel Listings for reasons including, but not limited to, fixing technical problems on RightRooms.
6. If You wish to remove Your Hotel Listing from RightRooms, You may do so by email at info@rightrooms.co. Please note, however, that it may take Us some time to deactivate Your Hotel Listing and caching or references to Your Hotel Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). Removing a Hotel Listing before its expiry under this sub-Clause 8.6 will not entitle You to any refund, as per sub-Clause 11.1. For details of other cancellation rights, please refer to Clauses 11 and 12.
7. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Hotel Listings. Any such opinions, views, or values are those of the relevant Listed Hotel, and do not reflect Our opinions, views, or values in any way. We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Hotel.

Acceptable Usage Policy
1. When submitting a Hotel Listing, You must not submit or otherwise do anything that:
  1. is sexually explicit;
  2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  3. promotes violence;
  4. promotes or assists in any form of unlawful activity;
  5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
  6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  7. is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Hotel or any other business or person);
  8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;
  9. misleadingly impersonates any person or entity or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive;
  10. implies any form of affiliation with Us where none exists;
  11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trade marks, and database rights) of any other party; or
  12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
2. We reserve the right to suspend or terminate Your Hotel Listing and Your access to RightRooms if You materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:
  1. issue You with a written warning;
  2. take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
  3. take further legal action against You as appropriate;
  4. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  5. any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to Your breaches of these Terms of Listing.

Problems with Our Service
1. We will provide Our service to You with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with Your Hotel Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible by email at info@rightrooms.co We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.

Ending the Contract
1. You may cancel the Contract and remove Your Hotel Listing at any time, however subject to Clause 12 (outlining Your rights to cancel arising due to something done by Us), We cannot offer any refunds and You will remain free to reactivate Your Hotel Listing up until the renewal or expiry date, as applicable, whereupon the Contract will end.
2. If You wish to exercise Your right to cancel under this Clause 12, You should inform Us of Your cancellation in each case, providing Us with Your name, address, email address, telephone number, Listing ID and reason for the cancellation.
3. Refunds under this Clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
4. Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Hotel Listing.

Ending the Contract Because of Something We Have Done (or Will Do)
1. If We have suspended availability of Your Hotel Listing for more than 60 days due to Our circumstances, or We have informed You that We are going to suspend availability for more than 60 days due to Our circumstances, You may end the Contract immediately, as described in sub-Clause 8.5. If You end the Contract for this reason, We will issue You with a pro rated refund.
2. You also have a legal right to end the Contract at any time if We are in material breach of the Contract. You may in such cases also be entitled to a full or partial refund and compensation.
3. If You wish to exercise Your right to cancel under this Clause 12, You should inform Us of Your cancellation in each case, providing Us with Your name, address, email address, telephone number, Listing ID and reason for the cancellation.
4. Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
5. Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Hotel Listing.

Our Liability
1. Subject to sub-Clause 13.3, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any Contract between You and Us.
2. Subject to sub-Clause 13.3, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by You under the Contract in question.
3. Nothing in these Terms of Listing seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

Events Outside of Our Control (Force Majeure)
1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Listing:
  1. We will inform You as soon as is reasonably possible;
  2. We will take all reasonable steps to minimise the delay;
  3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Listing (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  4. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
  5. If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that You used when purchasing Your Hotel Listing;

Contacting Us
1. If You wish to contact Us with general questions or complaints, for matters relating to Hotel Listings, and for matters relating to cancellations please contact Us by email at fiona@rightrooms.co or by post to RightRooms (Global) Ltd, 4^th Floor, 86-90, Paul Street, London EC2A 4NE, United Kingdom.

Complaints and Feedback
1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

How We Use Your Personal Information (Data Protection)
1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of UK data protection regulation and EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR for as long as the GDPR is applicable to Our handling of personal information.
2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy (https://rightrooms.co/static/privacy_policy).

Other Important Terms
1. We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
2. You may not transfer (assign) Your obligations and rights hereunder without Our express written permission.
3. The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Listing.
4. If any of the provisions of these Terms of Listing are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Listing. The remainder of these Terms of Listing shall be valid and enforceable.
5. No failure or delay by Us in exercising any of Our rights under these Terms of Listing means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Listing means that We will waive any subsequent breach of the same or any other provision.
6. We may revise these Terms of Listing from time to time in response to, e.g., changes in relevant laws and other regulatory requirements. If We change these Terms of Listing as they relate to Your Hotel Listing, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 12.1 above).

Law and Jurisdiction
1. These Terms of Listing, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
2. Any disputes concerning these Terms of Listing, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Last updated: 20.9.23