Privacy Policy

First things first – your privacy is important to us. That might be the kind of thing all these notices say, but we mean it. You place your trust in us by using Travelholae.com services and we value that trust. That means we’re committed to protecting and safeguarding any personal data you give us. We act in our customers’ best interest and we are transparent about the processing of your personal data.

This document describes how we use and process your personal data, provided in a readable and transparent manner. It also tells you what rights you can exercise in relation to your personal data (such as the right to object) and how you can contact us. Please also read our Cookie Statement, which tells you how Booking.com uses cookies and other similar technologies.

If you’ve used us before, you know that Travelholae.com offers online travel-related services through our own websites and mobile apps, as well as other online platforms such as partners’ websites and social media. We’d like to point out that all the information you are about to read, generally applies to not one, not two, but all of these platforms.

In fact, this single privacy statement applies to any kind of customer information we collect through all of the above platforms or by any other means connected to these platforms (such as when you contact our customer service team by email).

If you are one of our business partners, make sure to also check out our Privacy Statement for Business Partners to understand how personal data is further processed as part of the business relationship.

We might amend the Privacy Statement from time to time, so we recommend you visit this page occasionally to make sure you know where you stand. If we make any changes to the Privacy Statement that will have an impact on you (for example, if we intend to process your personal data for other purposes than previously communicated), we’ll notify you of these changes before the new activities begin.

And now, the sad but necessary bit: If you disagree with this Privacy Statement, you should discontinue using our services. If you agree with our Privacy Statement, then you’re all set to book your next trip through us.

Terms we use in this Privacy Statement

Trip' means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Trip Provider.

Trip Provider' means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances and any other travel or related product or service as from time to time available for Trip Reservation on the platform.

Trip Service' means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Travelholae.com in respect of various products and services as from time to time made available by Trip Providers on the platform.

Trip Reservation' means the order, purchase, payment, booking or reservation of a Trip.


What kind of personal data does Travelholae.com collect?

We can’t help you book the perfect Trip without information, so when you use our services there are certain things we ask for. This is typically routine information – your name, preferred contact details, the names of the people travelling with you and your payment information. You might also decide to submit additional information related to your upcoming Trip (for example, your anticipated arrival time).

In addition to this, we also collect information from the computer, phone, tablet or other device you use to access our services. This includes the IP address, the browser you’re using and your language settings. There are also situations in which we receive information about you from others or when we automatically collect other information.

This is the general overview but if you’d like to know more about the information we collect, we go into more detail below.

Read more about the personal data we collect

Why does Travelholae.com collect and use your personal data?

The main reason we ask you for personal details is to help you organize your online Trip Reservations and ensure you get the best service possible.

We also use your personal data to contact you about the latest deals, special offers and other products or services we think you might be interested in. There are other uses, too. If you’d like to find out what they are, read on for a more detailed explanation.

Read more about why Travelholae.com collects your data

How does Travelholae.com share your data with third parties?

There are different parties integrated into Travelholae.com’s services, in various ways and for various reasons. The primary reason we share your data is to supply the Trip Provider with the relevant information to complete your Trip Reservation.

We also involve other parties to provide you with the Travelholae.com services. This includes, for example, financial institutions, advertisers, and subsidiaries of the Travelholae.com and other affiliates. Or, in some cases, if we’re required to by law, we might share your data with governmental or other authorities.

Below, we go into more detail about how the information you share with us is used and exchanged with these parties.

Read more about how data is shared with third parties

Booking.com is part of the Booking Holdings Inc. corporate group. Read on to find out more about how your data may be shared within the Booking Holdings corporate group.

How is your personal data shared and further processed for ground transport services?

Travelholae.com – also part of the Jamrock Tours Limited group of companies – jointly use your data to offer you ground transport services via the Travelholae.com websites and apps. Read more to understand the scope and limited nature of our joint responsibility.

Read more about data and our ground transport services

How does Travelholae.com process communications that you and your Trip Provider may send via Travelholae.com?

Travelholae.com can help you and Trip Providers exchange information or requests about services and existing Trip Reservations, through the Travelholae.com platform. If you want to find out more about how Booking.com receives and handles these communications, read on here.

Read more about how these communications are processed

How does Travelholae.com make use of mobile devices?

We offer free apps, through which we also collect and process personal data. This works in much the same way as our website, but they also allow you to benefit from the location services available on your mobile device(s).

Read more about how we use data from mobile devices

How does Travelholae.com make use of social media?

The use of social media may be integrated into Booking.com services in various ways. These will involve us collecting some of your personal data or the social media provider receiving some of your information. If you’d like to learn more about how this information is used and exchanged, read on.

Read more about how we use social media data

What security and retention procedures does Travelholae.com put in place to safeguard your personal data?

We have implemented a range of procedures to prevent unauthorized access to, and the misuse of, personal data that we process.

Read more about security and retention procedures

How does Travelholae.com treat personal data belonging to children?

Unless indicated otherwise, Travelholae.com is a service you are only allowed to use if you are over 18 years of age. We only process information about children with the consent of their parents or legal guardians, or when the information is shared with us by the parents or legal guardians themselves.

Read more about the personal data of under 18s

How can you control the personal data you’ve given to Travelholae.com?

You have the right to review the personal data we keep about you at any time. You can request access to or deletion of your personal data by submitting this form. If you want to find out more about your rights to control your personal data, read on.

Read more about how you can control your personal data

Who is responsible for the processing of personal data on the Travelholae.com website and apps?

Travelholae.com, located in Falmouth, Jamaica, controls the processing of personal data for the provision of its services. That includes its websites and mobile apps, except for some exceptions that are clarified in this privacy statement.

Read more about Travelholae.com responsibility for personal data

Country-specific provisions

Depending on the law that applies to you, we might be required to provide some additional information. If you'd like to know more, please read on.

Read more about country-specific provisions


What kind of personal data does Travelholae.com collect?

Depending on the law that applies to you, we might be required to provide some additional information. If you'd like to know more, please read on.

Personal data you give to us.

Travelholae.com collects and uses information you provide to us. When you make a Trip Reservation, you are (at a minimum) asked for your name and email address.

Depending on the Trip Reservation, we may also ask for your home address, telephone number, payment information, date of birth, the names of the people travelling with you and any preferences you might have for your Trip (such as dietary or accessibility requirements).

If you need to get in touch with our customer service team, contact your Trip Provider through us, or reach out to us in a different way (such as social media) we’ll collect information from you there, too. This applies whether you are contacting us with feedback or asking for help using our services.

You might also be invited to write reviews to help inform others about the experiences you had on your Trip. When you write a review on the Travelholae.com platform, we’ll collect any information you’ve included, along with your display name and avatar (if you choose one).

There are other instances where you’ll provide us with information, as well. For example, if you’re browsing with your mobile device, you can decide to allow Travelholae.com to see your current location or grant us access to your contacts. This helps us to give you the best possible service and experience by, for example, showing you our city guides, suggesting the nearest restaurants or attractions to your location or making other recommendations.

If you create a user account, we’ll also store your personal settings, uploaded photos, and reviews of previous bookings. This saved data can be used to help you plan and manage future Trip Reservations or benefit from other features only available to account holders (such as incentives or other benefits).

We may offer you referral programs or sweepstakes, and participating in these will mean providing us with relevant personal data.

Personal data you give us about others.

Of course, you might not simply be making a Trip Reservation for yourself. You might be taking a Trip with other people or making a reservation on someone else’s behalf. In both those scenarios, you will provide their details as part of the Trip Reservation.

If you have a Travelholae.com for Business account, you can also keep an address book to make it easier to plan and manage business travel arrangements for others.

In some cases, you might use Travelholae.com to share information with others. This can take the form of sharing a wishlist or participating in a referral program, as described when you use the relevant feature.

At this point, we have to make it clear that it’s your responsibility to ensure that the person or people you have provided personal data about are aware that you’ve done so, and that they have understood and accepted how Travelholae.com uses their information (as described in this Privacy Statement).

Personal data we collect automatically.

Whether or not you end up making a Trip Reservation, when you visit our websites or apps we automatically collect certain information. This includes your IP address, the date and time you accessed our services, and information about your computer’s hardware and software (such as the operating system, the internet browser used, software/application version data and your language settings). We also collect information about clicks and which pages have been shown to you.

If you’re using a mobile device, we collect data that identifies the device, as well as data about your device-specific settings and characteristics, app crashes and other system activity. When you make a Trip Reservation using this kind of device, our system registers how you made your reservation (on which website), and/or which site you came from when you entered the Booking.com website or app.

Personal data we receive from other sources.

It’s not just the things you tell us, though – we may also receive information about you from other sources. These include business partners, such as affiliate partners, subsidiaries of the Booking.com corporate group, other affiliates of the Booking Holdings Inc. corporate group and other independent third parties.

Anything we receive from these partners may be combined with information provided by you. For example, Travelholae.com Trip Reservation services are not only made available via Travelholae.com and the Travelholae.com apps, but are also integrated into services of affiliate partners you can find online. When you use any of these services, you provide the reservation details to our business partners who then forward your details to us.

We also integrate with third party service providers to facilitate payments between you and Trip Providers. These service providers share payment information so we can administer and handle your Trip Reservation, making sure everything goes as smoothly as possible for you.

Additionally, we collect information in the regrettable case that we receive a complaint about you from a Trip Provider, for example in the case of misconduct.

Another way we might receive data about you, is through the communication services integrated into our platforms. These communication services offer you a way to contact the Trip Provider you’ve booked with to discuss your stay. In some cases, we receive metadata about these communication activities (such as who you are, where you called from, and the date and length of the call).

We may also receive information about you in order to show you more relevant ads, such as the additional cookie data Booking.com social media partners make available to us. Please read the section Why does Travelholae.com collect and use your personal data? for more information.

When you link your Travelholae.com user account to a social media account, you yourself might exchange data between Travelholae.com and that social media provider. You can always choose not to share that data.

Trip Providers may share information about you with Travelholae.com, too. This could happen if you have support questions about a pending Trip Reservation, or if disputes or other issues arise about a Trip Reservation.


Why does Travelholae.com collect and use your personal data?

We use the information collected about you for a variety of purposes. Your personal data may be used in the following ways:

1.      Trip Reservations: First and foremost, we use your personal data to complete and administer your online Trip Reservation – which is essential for what we do. This includes sending you communications that relate to your Trip Reservation, such as confirmations, modifications and reminders.

2.      Customer service: We provide international customer service from our local offices, and we’re here to help 24 hours a day, 7 days a week. Sharing relevant details, such as reservation information or information about your user account with our global customer service staff allows us to respond when you need us. This includes helping you to contact the right Trip Provider and responding to any questions you might have about your Trip Reservation (or any other queries, for that matter).

3.      Account facilities: Travelholae.com users can create an account on our website or apps. We use the information you give us to administer this account, allowing you to do a number of useful things. You can manage your Trip Reservations, take advantage of special offers, make future Trip Reservations easily and manage your personal settings.

Managing personal settings gives you the ability to keep and share lists, share photos, easily see Trip Services you’ve searched for and check travel-related information you’ve provided. You can also see any reviews you’ve written.

If you want to, you can share certain information as part of your user account, by creating a public profile under your own first name or a screen name you choose.

If you’re a Travelholae.com for Business account holder, you can also save contact details under that account, manage business reservations and link other account holders to the same Travelholae.com for Business account.

4.      Online groups: It’s possible that we might give account holders the chance to connect and interact with each other through online groups or forums.

5.      Marketing activities: We use your information for marketing activities. These activities include:

1.      Using your contact information to send you regular news about travel-related products and services. You can unsubscribe from email marketing communications quickly, easily and at any time. All you need to do is click on the ‘Unsubscribe’ link included in each newsletter or other communication.

2.      Based on your information, individualized offers might be shown to you on the Travelholae.com website, in mobile apps or on third-party websites/apps (including social media sites) and the content of the site displayed to you might be personalized. These could be offers that you can book directly on the Booking.com website, on co-branded sites, or other third-party offers or products we think you might find interesting.

3.      When you participate in other promotional activities (such as sweepstakes, referral program or competitions), relevant information will be used to administer these promotions.

6.      Communicating with you: There might be other times when we get in touch, including by email, by post, by phone or by texting you. Which method we choose depends on the contact information you’ve previously shared.

We process the communications you send to us. There could be a number of reasons for this, including:

1.      Responding to and handling any requests you or your booked Trip Provider have made. Travelholae.com also offers customers and Trip Providers various ways to exchange information, requests and comments about Trip Providers and existing Trip Reservations via Travelholae.com. For more information, read the section titled ‘How does Travelholae.com process communications that you and your booked Trip Provider may send through Travelholae.com?’.

2.      If you have started but not finished a Trip Reservation online, we might contact you to invite you to continue with your reservation. We believe that this additional service benefits you as it allows you to pick up the process where you left off without having to search for a Trip Provider or fill in your reservation details again.

3.      When you use our services, we might send you a questionnaire or invite you to provide a review about your experience with Travelholae.com or the Trip Provider.

4.      We also send you other material related to your Trip Reservations, such as how to contact Travelholae.com if you need assistance while you’re away, and information that we feel might be useful to you in planning or getting the best out of your Trip. We might also send you material related to upcoming Trip Reservations or a summary of previous Trip Reservations you made through Booking.com.

5.      Even if you don’t have an upcoming Trip Reservation, we may still need to send you other administrative messages, which could include security alerts.

7.      Market research: We sometimes invite our customers to take part in market research. Please see the information that accompanies this kind of invitation to understand what personal data will be collected and how that data is used.

8.      Improving our services: We also use personal data for analytical purposes and product improvement. This is part of our commitment to making our services better and enhancing the user experience.

In this case, we use data for testing and troubleshooting purposes, as well as to generate statistics about our business. The main goal here is to get insights into how our services perform, how they are used, and ultimately to optimize and customize our website and apps, making them easier and more meaningful to use. As much as possible, we strive to use pseudonyms for this analytical work.

9.      Customer reviews and other destination-related information: During and after your Trip, we might invite you to submit a review. We can also make it possible for the people you’re travelling with or whom you’ve booked a reservation for to do this instead. This invite asks for information about the Trip Provider or the destination.

If you have a Travelholae.com account, you can choose to display a screen name next to your review, instead of your real name or even submit the review anonymously. If you’d like to set a screen name, you can do that in your account settings. Adding an avatar is also possible.

By completing a review, you’re agreeing that it can be displayed (as described in detail in our Terms and Conditions) on, for example, the relevant Trip Provider information page on our websites, on our mobile apps, on our social media accounts and social media apps, or on the online platform of the relevant Trip Provider or business partner’s website. This is to inform other travellers about the quality of the Trip Service you used, the destination you have chosen or any other experiences you choose to share.

10.   Call monitoring: When you make calls to our customer service team, Travelholae.com uses an automated telephone number detection system to match your telephone number to your existing reservations. This can help save time for both you and our customer service staff. However, our customer service staff may still ask for authentication, which helps to keep your reservation details confidential.

During calls with our customer service team, live listening might be carried out or calls might be recorded for quality control and training purposes. This includes the usage of the recordings for the handling of complaints, legal claims and for fraud detection.

Not all calls are recorded and recordings are kept for a limited amount of time before being automatically deleted. An exception to this rule would be if Travelholae.com has a legitimate need to keep the recordings longer for fraud investigation or legal purposes.

11.   Promotion of a safe and trustworthy service: To create a trustworthy environment for you, the people you bring with you on your Trip, Travelholae.com’s business partners and our Trip Providers, we might use personal data to detect and prevent fraud and other illegal or unwanted activities.

Similarly, we might use personal data for risk assessment and security purposes, including the authentication of users and reservations. When we do this we may have to stop or put certain Trip Reservations on hold until we’ve finished our assessment.

12.   Legal purposes: Finally, in certain cases, we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance, to enforce the Booking.com online reservation service terms of use or to comply with lawful requests from law enforcement.

Providing your personal data to Booking.com is voluntary. However, we may only be able to provide you with certain services if we can collect some personal data. For instance, we can’t process your Trip Reservation if we don’t collect your name and contact details.

If we use automation to process personal data which produces legal effects or significantly affects you, we will always implement the measures required to safeguard your rights and freedoms. This includes the right to obtain human intervention.

To process your personal data as described above, we rely on the following legal bases:

As applicable, for purpose A and B, Travelholae.com relies on the legal basis that the processing of personal data is necessary for the performance of a contract, specifically to finalize and administer your Trip Reservation.

If the required personal data is not provided, Travelholae.com cannot finalize the Trip Reservation, nor can we provide customer service. In view of purposes C to L, Booking.com relies on its legitimate commercial business interest to provide its services, to prevent fraud and to improve its services (as set out more specifically under C to L).

When using personal data to serve Travelholae.com’s or a third party's legitimate interest, Travelholae.com will always balance your rights and interests in the protection of your personal data against Travelholae.com’s rights and interests or those of the third party. For purposes M, Travelholae.com also relies, where applicable, on compliance with legal obligations (such as lawful law enforcement requests).

Finally, where needed under applicable law, Travelholae.com will obtain your consent prior to processing your personal data, including for email marketing purposes or as otherwise required by law.

If you wish to object to the processing set out under C to L and no opt-out mechanism is available to you directly (for example, in your account settings), please contact us at dataprotectionoffice@travelholae.com.


How does Travelholea.com share your data with third parties?

In certain circumstances, we’ll share your personal data with third parties. These third parties include:

1.      The Trip Provider you booked: In order to complete your Trip Reservation, we transfer relevant reservation details to the Trip Provider you have booked. This is one of the most essential things we do for you.

Depending on the Trip Reservation and the Trip Provider, the details we share can include your name, contact and payment details, the names of the people accompanying you and any other information or preferences you specified when you made your Trip Reservation.

In certain cases, we also provide some additional historical information about you to the Trip Provider. This includes whether you’ve already booked with them in the past, the number of completed bookings you’ve made with Booking.com, a confirmation that no misconduct has been reported about you, the percentage of bookings you’ve cancelled in the past or whether you’ve given reviews about past bookings.

If you have a query about your Trip, we may contact the Trip Provider to handle your request. Unless payment is made during the booking process, via the Booking.com website, we will forward your credit card details to the booked Trip Provider for further handling (assuming you’ve provided us with those details).

In cases of Trip Reservation-related disputes, we may provide the Trip Provider with your contact details, including your email address and information about the Trip Reservation process needed to handle the dispute. This can include a copy of your reservation confirmation as proof that a Trip Reservation was actually made.

Please note that, sometimes, at the direction of the Trip Provider, we will need to share your personal data with parties related to the Trip Provider in order to finalize and administer your reservation. These parties might include other entities of a hotel group or service providers who are handling the data on the Trip Provider’s behalf.

2.      Your local Travelholae.com office: To support the use of Travelholae.com services, your details may be shared with subsidiaries of the Travelholae.com corporate group, including for customer service. To find out more about the Travelholae.com corporate group, visit About Travelholae.com.

3.      Third-party service providers: We use service providers from outside of the Travelholae.com corporate group to support us in providing our services. These include:

o   Customer support

o   Market research

o   Fraud detection and prevention (including anti-fraud screening)

o   Payment

We use third parties to process payments, handle chargebacks or provide billing collection services. When a chargeback is requested for your Trip Reservation, either by you or by the holder of the credit card used to make your reservation, we need to share certain reservation details with the payment service provider and the relevant financial institution so they can handle the chargeback. This may also include a copy of your reservation confirmation or the IP address used to make your reservation. We may share information with relevant financial institutions, if we consider it strictly necessary for fraud detection and prevention purposes.

o   Marketing services

We share personal data with advertising partners, including your email address, as part of marketing Travelholae.com services via third parties (to ensure that relevant advertisements are shown to the right audience). We use techniques such as hashing to enable the matching of your email address with an existing customer database, so that your email address cannot be used for other purposes. For information on other personalized advertisements and your choices, please read our Cookie Statement.

o   Advertising partners

We use advertising partners, such as metasearch providers, to allow you to compare our offers with the offers of other Online Travel Agencies (OTA’s). When you make a reservation on Travelholae.com after using an advertising partner, we will send the details of the reservation that you made on Travelholae.com to that partner.

4.      All service providers are required to continue to adequately safeguard your personal data.

5.      Competent authorities: We disclose personal data to law enforcement to the extent that it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud, or if we are otherwise legally obliged to do so. We may need to further disclose personal data to competent authorities to protect and defend our rights or properties, or the rights and properties of our business partners.

6.      Business partners: We work with many business partners around the world. These business partners distribute or advertise the Travelholae.com services, including the services and products of our Trip Providers.

When you make a reservation on one of our business partners’ websites or apps, certain personal data that you give them, such as your name and email address, your address, payment details and other relevant information, will be forwarded to us to finalize and manage your Trip Reservation.

If customer service is provided by the business partner, Booking.com will share relevant reservation details with them (as and when needed) in order to provide you with appropriate and efficient support.

When you make a reservation through one of our business partners’ websites, the business partners can receive certain parts of your personal data related to the specific reservation and your interactions on these partner websites. This is for their commercial purposes.

When you make a reservation on a business partners’ website, please also take the time to read their privacy notice if you’d like to understand how they process your personal data.

For fraud detection and prevention purposes, we may also exchange information about our users with business partners – but only when strictly necessary

o   Partner Offer: We may enable you to book using Partner Offer. Partner Offer means that your reservation is facilitated by a Trip Provider separate from the booked accommodation. As part of the reservation process, we’ll need to share some relevant personal data with this Trip Provider.

If Partner Offer is used, please review the information provided in the booking process or check your reservation confirmation for more information about the Trip Provider and how your personal data is further processed by them.

The transmission of personal data, as described in this Privacy Statement, may include overseas transfers of personal data to countries whose data protection laws are not as comprehensive as those of Jamaica.

Where required by Jamaican law, we will only transfer personal data to recipients that offer an adequate level of data protection. In these situations, as may be required, we make contractual arrangements to ensure that your personal data is still protected in line with Jamaican standards. You can ask us to see a copy of these contractual agreements by contacting us at dataprotectionoffice@travelholae.com.


How is your personal data shared and further processed for ground transport services?

Travelholae.com and Jamrock Tours Limited work together closely to offer you ground transport services via Travelholae.com websites and apps.

This means that when you're booking or browsing for ground transport services via the app or website, Travelholae.com and Jamrock Tours Limitedare collectively responsible for the collection and use of your personal data.

For further information about the relationship between Travelholae.com and Jamrock Tours Limited and to exercise your rights regarding your personal data that is collected via the Travelholae.com websites and apps, please feel free to contact Travelholae.com at any time. You can do this via the email address set out under Who is responsible for the processing of personal data via Travelholae.com and how to contact us?

In addition to the data we process jointly to allow you to search for ground transport services and to make your booking, Travelholae.com and Jamrock Tours Limited will also use your personal data independently for the purposes set out in this Privacy Statement and the Jamrock Tours Limited Privacy Notice.


How does Travelholae.com process communications that you and your booked Trip Provider may send via Travelholae.com?

Travelholae.com can offer you and Trip Providers various ways to communicate about the Trip Services and existing Trip Reservations, directing the communications via Travelholae.com. This also allows you and your Trip Provider to contact Travelholae.com with questions about your Trip Reservation through the website, our apps and the other channels that we make available.

Travelholae.com accesses communications and may use automated systems to review, scan, and analyze communications for the following reasons:

·       Security purposes

·       Fraud prevention

·       Compliance with legal and regulatory requirements

·       Investigations of potential misconduct

·       Product development and improvement

·       Research

·       Customer engagement (including to provide you with information and offers that we believe may be of interest to you)

·       Customer or technical support

We reserve the right to review or block the delivery of communications that we, in our sole discretion, believe might contain malicious content or spam, or pose a risk to you, Trip Providers, Travelholae.com or others.

All communications sent or received using Travelholae.com communication tools will be received and stored by Travelholae.com. Business partners (through whose platform you’ve made a reservation) and Trip Providers might also choose to communicate with you directly, by email or other channels that Travelholae.com does not control.


How does Travelholae.com make use of mobile devices?

We offer free apps for a range of different mobile devices, as well as versions of our regular website that have been optimized for browsing on a mobile and tablet.

These apps and mobile websites process the personal details you give us in much the same way as our website does. They also allow you to use location services to find Trip Services nearby, if you want to.

With your consent, we may send you push notifications with information about your Trip Reservation. You can also choose to grant us access to your location data or contact details in order to provide services you’ve requested. If you upload pictures to our platform, these pictures may include location information (known as metadata) as well. Please read your mobile device’s instructions to understand how to change your settings and control the sharing of this kind of data.

In order to optimize our services and marketing activities, and to make sure we give you a consistent user experience, we use something known as ‘cross-device tracking’. This can be done with or without the use of cookies. For more general information about cookies and other similar technologies, please see our Cookie statement.

With cross-device tracking, Travelholae.com is able to track user behaviour across multiple devices. As part of cross-device tracking, we may combine data collected from a particular browser or mobile device with data from another computer or device that is linked to it.

In order to optimize the content of the Travelholae.com newsletter, we combine searches and reservations made from different computers and devices. You can unsubscribe from the Travelholae.com newsletter at any time.

Personalized ads shown to you on other websites or in apps, can be offered based on your activities on linked computers and devices. By changing the cookie settings on your device (see our Cookie statement under ‘What are your choices?’), you can change your cross-device tracking settings for advertisement purposes. You should know that logging out of your Travelholae.com account doesn’t mean that you will no longer receive personalized ads.


How does Travelholae.com make use of social media?

At Travelholae.com, we use social media in different ways. We use it to facilitate the use of online reservation services, but also to promote our Trip Providers’ travel-related products and services and to advertise, improve and facilitate our own services.

Note that the use of social media features can result in the exchange of personal data between Travelholae.com and the social media service provider, as we describe below. You are free not to use any of the social media features available to you.

1.      Sign in with your social media account. We offer you the opportunity to sign in to a Travelholae.com user account with one of your social media accounts. We do this to reduce the need for you to remember different usernames and passwords for different online services.

After you’ve signed in once, you’ll always be able to use your social media account to sign into your Travelholae.com account. You can decouple your Travelholae.com user account from your chosen social media account any time you want to.

2.      Integration of social media plugins. We have also integrated social media plugins into the Travelholae.com website and apps. This means that when you click on one of the buttons (such as Facebook’s ‘Like’ button), certain information is shared with these social media providers.

If you’re logged into your social media account at the same time, your social media provider may relate this information to your social media account. Depending on your settings, they might also display these actions on your social media profile, to be seen by others in your network.

3.      Other social media services and features. We may integrate other social media services (like social media messaging) for you to interact with Booking.com or with your contacts about our services.

We may maintain social media accounts and offer apps on several social media sites. Whenever you connect with Booking.com through social media, your social media service provider may allow you to share information with us.

If you choose to share, you will generally be told by your social media provider which information will be shared. For example, when you sign into a Travelholae.com user account using your social media account, certain information may be shared with Travelholae.com, including your email address, age or profile pictures saved to your social media account depending on what you authorize.

When you register with a Travelholae.com social media app or connect to a social media messaging service without a Travelholae.com user account, the information you choose to share with us may include the basic information available in your social media profile (including your email address, status updates and a list of your contacts).

We’ll use this information to help provide you with the service you requested – for example, to forward a message you want to send to your contacts, or to create a personalized user experience in the app or on our websites. It means that if you want us to, we can tailor our services to suit your needs, connecting you and your friends with the best travel destinations and analyzing and improving our travel-related services.

Your social media provider will be able to tell you more about how they use and process your data when you connect to Travelholae.com through them. This can include combining the personal data they collect when you use Travelholae.com through them with information they collect when you use other online platforms you have also linked to your social media account.

If you decide to connect using your Facebook or Google account, please review the following links for information about how these parties use data they receive: Facebook and Google.


What security and retention procedures does Travekholae.com put in place to safeguard your personal data?

We have procedures in place to prevent unauthorized access to, and the misuse of, personal data.

We use appropriate business systems and procedures to protect and safeguard the personal data you give us. We also use security procedures and technical and physical restrictions for accessing and using the personal data on our servers. Only authorized personnel are permitted to access personal data in the course of their work.

We’ll keep your personal data for as long as we think it's necessary to enable you to use our services or to provide our services to you (including maintaining your Travelholae.com user account, if you have one), to comply with applicable laws, resolve any disputes and otherwise to allow us to conduct our business, including to detect and prevent fraud or other illegal activities. All personal data we keep about you is covered by this Privacy Statement.

For added protection, we strongly recommend that you set up two-factor authentication for your Travelholae.com account. This adds an extra authentication step, to make sure that anyone who gets hold of your username and password (e.g. through phishing or social engineering) won’t be able to get into your account. You can set this up in the Security section of your account settings.


How does Travelholae.com treat personal data belonging to children?

Our services aren’t intended for children under 18 years old, and we’ll never collect their data unless it’s provided by (and with the consent of) a parent or guardian. The limited cases we might need to collect data include as part of a reservation, the purchase of other travel-related services, or in other exceptional circumstances (such as features addressed to families). Again, this will only be used and collected as provided by a parent or guardian and with their consent.

If we become aware that we’ve processed the information of a child under 16 years old without the valid consent of a parent or guardian, we will delete it.


How can you control the personal data you’ve given to Travelholae.com?

We want you to be in control of how your personal data is used by us. You can do this in the following ways:

1.      You can ask us for a copy of the personal data we hold about you,

2.      You can inform us of any changes to your personal data, or you can ask us to correct any of the personal data we hold about you. As explained below, you can make some of these changes yourself when you have a user account,

3.      In certain situations, you can ask us to erase, block, or restrict the processing of the personal data we hold about you, or object to particular ways in which we are using your personal data,

4.      In certain situations, you can also ask us to send the personal data you have given us to a third party,

5.      Where we are using your personal data on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law, and

6.      Where we process your personal data based on legitimate interest or the public interest, you have the right to object to that use of your personal data at any time, subject to applicable law.

We rely on you to make sure that your personal information is complete, accurate and current. Please do let us know about any changes to, or inaccuracies in, your personal information as soon as possible.

If you have a Travelholae.com user account, you can access a lot of your personal data through our website or apps. You’ll generally find the option to add, update or remove information we have about you in your account settings.

If any of the personal data we have about you isn’t accessible through our website or apps, you can send us a request (which won’t cost you anything).

If you want to exercise your right of access or erasure, all you need to do is complete and submit the Data Subject Request for Travelholae.com Customers form. For any requests relating to this Privacy Statement, to exercise any of your other rights, or if you have a complaint, please contact our Data Protection Officer at dataprotectionoffice@travelholae.com. You can also contact your local data protection authority.

If you’d like to object to your personal data being processed on the basis of legitimate interest and there’s no way to opt out directly, please contact us at dataprotectionoffice@travelholae.com.


Who is responsible for the processing of personal data via Travelholae.com and how to contact us?

Travelholae.com controls the processing of personal data, as described in this Privacy Statement, except where explicitly stated otherwise. Travelholae.com  is a private limited liability company, incorporated under the laws of the Jamaica and has its offices at 3 Lower Parade Street, Falmouth, Trelawny, Jamaica.

If you have any questions about this Privacy Statement, or about our processing of your personal data, please contact our Data Protection Officer at dataprotectionoffice@travelholae.com and we’ll get back to you as soon as possible.

For questions about a reservation, please contact our customer service team through the customer service contact page.

Requests from law enforcement should be submitted using the Law Enforcement process.

Country-specific provisions

Depending on the law that applies to you, we may be required to provide some additional information. Please review the list below to find any additional information relevant to your situation.

For California Residents – California Law

This section supplements our Privacy Statement and only applies if you reside in the state of California. Where applicable, it describes how we use and process your personal information (the term used under the law) and explains your particular rights under California law.

We describe below the personal information we collect about you, including by identifying specific categories of information:

1.      Identifiers (e.g. your name, account number, email address, IP address)

2.      Financial, medical, or health insurance information (e.g. your bank account number, payment card number, medical information if provided by you or on your behalf)

3.      Characteristics of protected classifications under California or federal law (e.g. your gender, religion, sexual orientation)

4.      Commercial information (e.g. your purchase information)

5.      Internet or other electronic network activity information (e.g. information about your website or app usage)

6.      Geolocation data (e.g. your physical location)

7.      Visual information (e.g. any photographs you upload on your account)

8.      Inferences (e.g. analytics and preferences)

9.      Professional or employment-related information (e.g. employer and business travel details)

If you would like more information about the categories of sources from which we obtain personal information, the specific types of personal information we collect, or the purposes for which we collect them, please read the sections of our Privacy Statement titled 'What kind of personal data does Travelholae.com collect?' and 'Why does Travelholae.com collect and use your personal data?'.

To learn more about the receipt of personal information from and the sharing of personal information with business partners, please read the sections 'What kind of personal data does Travelholae.com collect?' and 'How does Travelholae.com share your data with third parties?'

We may share certain pieces of your personal information with third parties, which under California law can be treated as a 'sale' of information. This may include information related to Identifiers, Commercial information, Geolocation data, Internet activity, and Inferences, as described above. We may also share your personal information, listed above under A-I for “business purposes,” such as to service providers who assist us with securing our services, for payment purposes, customer support services, delivering marketing messages, or advertisements. For more details, including the recipients of your personal information, you can check out the 'What kind of personal data does Booking.com collect?' and 'How does Booking.com share your data with third parties?' sections of our Privacy Statement.

Californian law provides you with certain rights, including the right to access specific pieces of personal information, learn about how we process personal information, including disclose or sell personal information, request deletion of personal information, opt out of 'sales' and not to be denied goods or services for exercising these rights.

You may exercise your right to opt out of 'sales' by clicking on this link and following the instructions: https://www.travelholae.com/content/ccpa.html

To exercise your right to request access to or the deletion of your personal information under California law, please fill out our Data Subject Request for Travelholae.com Customers form. To otherwise exercise these or any of your other rights under California law, or to contact us with questions and concerns about this privacy notice and our practices, you can also contact us at dataprotectionoffice@travelholae.com with the subject line: “California Resident Privacy Rights - Request”.

If you are an authorized agent wishing to exercise rights on behalf of a California consumer, please contact us at the email above, attaching a copy of the consumer’s written authorization, designating you as their agent. We may need to verify your identity before completing your rights request by, for example, requesting information about your previous Trip Reservations with us.

Traveholae.com’s services are not directed at children under the age of 18 years. Therefore, Travelholae.com does not knowingly sell the personal information of minors under the age of 18 years without appropriate consent, as required under the California Consumer Privacy Act (CCPA).

Travelholae.com has compiled the following statistics about the receipt and handling of requests identified as being submitted under the CCPA by consumers from California, for the period between 1 January 2020 and 31 December 2020:

·       Number of ‘requests to know’ that Travelholae.com received, complied with (wholly or in part) or denied: 27

·       Number of ‘requests to delete’ that Travelholae.com received, complied with (wholly or in part) or denied: 136

·       Number of ‘requests to opt out of sales’ that Travelholae.com complied with (wholly or in part) or denied: 13,866

·       Average number of days taken by Travelholae.com to substantially respond to requests to know, delete or opt out: 8.514

 


 

Cookie statement

Whenever you use our online services or apps, we use cookies and other online tracking technologies (which we’ll also refer to as 'cookies' for the purpose of this Cookie Statement).

Cookies can be used in various ways, including to make the Booking.com website work, to analyze traffic, or for advertising purposes.

Read on below to learn more about what a ‘cookie’ is, how they’re used and what your choices are.

What are cookies and other online tracking technologies?

How are cookies used?

What are your choices?


What are cookies and online tracking technologies?

A web browser cookie is a small text file that websites place on your computer’s or mobile device’s web browser.

These cookies store information about the content you view and interact with, in order to remember your preferences and settings or analyze how you use online services.

Cookies are divided into ‘first party’ and ‘third party’:

·       First party cookies are the cookies served by the owner of the domain – in our case that’s Travelholae.com. Any cookie we place ourselves is a ‘first party cookie’.

·       Third party cookies are cookies placed on our domains by trusted partners that we’ve chosen to allow to do so. These can be social media partners, advertising partners, security providers and more.

And they can be either ‘session cookies’ or ‘permanent cookies’:

·       Session cookies only exist until you close your browser, ending what is called your ‘session’. They are then deleted.

·       Permanent cookies have a range of different lifespans and stay on your device after the browser is closed. On the Travelholae.com platform, we try to only serve permanent cookies (or allow permanent cookies to be served by third parties) that have a limited lifespan. However, for security reasons, or in other exceptional circumstances, we might sometimes need to give a cookie a longer lifespan.

Web browser cookies may store information such as your IP address or another identifier, your browser type, and information about the content you view and interact with on digital services. By storing this information, web browser cookies can remember your preferences and settings for online services and analyze how you use them.

Alongside cookies, we also use tracking technologies that are very similar. Our website, emails and mobile apps may contain small transparent image files or lines of code that record how you interact with them. These include ‘web beacons’, ‘scripts’, ‘tracking URLs’ or ‘software development kits’ (known as SDKs):

·       Web beacons have a lot of different names. They might also be known as web bugs, tracking bugs, tags, web tags, page tags, tracking pixels, pixel tags, 1x1 GIFs or clear GIFs.

In short, these beacons are a tiny graphic image of just one pixel that can be delivered to your device as part of a web page request, in an app, an advertisement or an HTML email message.

They can be used to retrieve information from your device, such as your device type or operating system, your IP address, and the time of your visit. They are also used to serve and read cookies in your browser or to trigger the placement of a cookie.

·       Scripts are small computer programs embedded within our web pages that give those pages a wide variety of extra functionality. Scripts make it possible for the website to function properly. For example, scripts power certain security features and enable basic interactive features on our website.

Scripts can also be used for analytical or advertising purposes. For example, a script can collect information about how you use our website, such as which pages you visit or what you search for.

·       Tracking URLs are links with a unique identifier in them. These are used to track which website brought you to the Travelholae.com website or app you’re using. An example would be if you click through from a social media page, search engine or one of our affiliate partners’ websites.

·       Software Development Kits (SDKs) are part of our apps’ source code and unlike browser cookies, SDK data is stored in the app storage.

They’re used to analyze how the apps are being used or to send personalized push notifications. To do this, they record unique identifiers associated with your device, like device ID and IP address, as well as your in-app activity and your network location.

All these tracking technologies are referred to as ‘cookies’ here in this Cookie Statement.


How are cookies used?

Cookies are used to collect information, including:

·       IP address

·       Device ID

·       Viewed pages

·       Browser type

·       Browsing information

·       Operating system

·       Internet service provider

·       Timestamp

·       Whether you have responded to an advertisement

·       A referring URL

·       Features used or activities engaged in on the website/apps

They allow you to be recognized as the same user across the pages of a website, across devices, between websites or when you use our apps. When it comes to purpose, they are divided into three categories – functional cookies, analytical cookies and marketing cookies.

Functional cookies

These are cookies required for our websites and apps to function and they must be enabled in order for you to use our services.

Functional cookies are used to create technologically advanced, user-friendly websites and apps that adapt automatically to your needs and preferences, so you can browse and book easily. This also includes enabling essential security and accessibility features.

More specifically, these cookies:

·       Enable our website and apps to work properly, so you can create an account, sign in, and manage your bookings.

·       Remember your selected currency and language settings, your past searches and other preferences to help you use our website and apps efficiently and effectively.

·       Remember your registration information, so that you don’t have to retype your login credentials each time you visit our website or app. (Don’t worry, passwords will always be encrypted.)

Analytical cookies

These cookies measure and track how our website and apps are used. We use this information to improve our website, apps and services.

More specifically, these cookies:

·       Help us understand how visitors and customers like you use Travelholae.com and our apps.

·       Help improve our website, apps, and communications to make sure we're interesting and relevant.

·       Allow us to find out what works and what doesn't on our website and apps.

·       Help us understand the effectiveness of advertisements and communications.

·       Teach us how users interact with our website or apps after they have been shown an online advertisement, including advertisements on third-party websites.

·       Enable our business partners to learn whether or not their customers make use of any accommodation offers integrated into their websites.

The data we gather through these cookies can include which web pages you have viewed, which referring/exit pages you have entered and left from, which platform type you have used, which emails you have opened and acted upon, and date and time stamp information. It also means we can use details about how you’ve interacted with the site or app, such as the number of clicks you make on a given screen, your mouse movements and scrolling activity, the search words you use and the text you enter into various fields.

Marketing cookies

These cookies are used by Booking.com and our trusted partners to gather information about you over time, across multiple websites, applications, or other platforms.

Marketing cookies help us to decide which products, services and interest-based advertisements to show you, both on and off our website and apps.

More specifically, these cookies:

·       Categorize you into a certain interest profile, for instance, on the basis of the websites you visit and your click behavior. We use these profiles to display personalized content (such as travel ideas or specific accommodations) on Booking.com and other websites.

·       Display personalized and interest-based advertisements both on the Travelholae.com website, our apps and other websites. This is called ‘retargeting’ and is based on your browsing activities, such as the destinations you’ve been searching for, the accommodation you’ve viewed and the prices you’ve been shown. It can also be based on your shopping habits or other online activities.

Retargeting ads can be shown to you both before and after you leave Travelholae.com, as their purpose is to encourage you to browse or return to our website. You might see these ads on websites, in apps or in emails.

·       Integrate social media into our website and apps. This allows you to like or share content or products on social media such as Facebook, Instagram, YouTube, Twitter, Pinterest, Snapchat and LinkedIn.

These ‘like’ and ‘share’ buttons work using pieces of code from the individual social media providers, allowing third party cookies to be placed on your device.

These cookies can be purely functional, but they can also be used to keep track of which websites you visit from their network, to build a profile of your online browsing behavior and to show you personalized ads. This profile will be partly built using comparable information the providers receive from your visits to other websites in their network.

To read more about what social media providers do with your personal data, take a look at their cookie and/or privacy statements: Facebook (includes Instagram, Messenger and Audience Network), SnapchatPinterest and Twitter. Be aware that these statements may be updated from time to time.

We work with trusted third parties to collect data. We may also sometimes share information with these third parties, such as your email address or phone number. These third parties might link your data to other information they collect to create custom audiences or deliver targeted ads. For information on how these third parties process your data, please take a look at the following links: How Google uses informationFacebook's data policy.

Non-cookie techniques – email pixels

We may also use techniques, such as pixels, which we don’t mark as cookies because they do not store any information on your device.

We sometimes place pixels in emails, such as newsletters. A ‘pixel’ is an electronic file the size of a single pixel, that is placed in the email and loaded when you open it. By using email pixels, we can see if the message was delivered, if and when you read the message and what you click on.

We also receive this information about the push notifications we send you. These statistics provide us with feedback about your reading behaviour, which we use to optimise our messages and make our communication more relevant to you.


What are your choices?

To learn more about cookies and how to manage or delete them, visit allaboutcookies.org or the help section of your browser.

In the settings for browsers like Internet Explorer, Safari, Firefox or Chrome, you can choose which cookies to accept and which to reject. Where you find these settings depends on which browser you use:

·       Cookie settings in Chrome

·       Cookie settings in Firefox

·       Cookie settings in Internet Explorer

·       Cookie settings in Safari

If you choose to block certain functional cookies, you may not be able to use some features of our services.

In addition to specific settings that we may offer on the Booking.com and apps, you can also opt-out of certain cookies:

·       Analytics

To prevent Google Analytics from collecting analytical data on certain browser types visit the following link: Google Analytics Opt-out Browser Add-on (only available on desktop).

·       Advertising

We always aim to work with advertising and marketing companies that are members of the Network Advertising Initiative (NAI) and/or the Interactive Advertising Bureau (IAB).

Members of the NAI and IAB adhere to industry standards and codes of conduct and allow you to opt out of behavioural advertising.

Visit www.networkadvertising.org to identify NAI members that may have placed advertising cookies on your computer. To opt out of any NAI member's behavioural advertising programme, just check the box that corresponds to that company.

You may also want to visit www.youronlinechoices.com or www.youradchoices.com to learn how to opt out of customised ads.

It’s possible that your mobile device allows you to limit information sharing for retargeting purposes through its settings. If you choose to do so, it’s good to be aware that opting out of an online advertising network doesn't mean you’ll no longer see or be subject to online advertising or marketing analysis. It just means that the network you've opted out from will stop delivering ads that are tailored to your web preferences and browsing patterns.

Some websites have ‘Do Not Track’ features that allow you to tell a website not to track you. We’re currently unable to support ‘Do Not Track’ browser settings.

How to contact us

If you have any questions about this cookie statement, please send an email to dataprotectionoffice@travelholae.com.

Our cookie statement may also be updated from time to time. If these updates are substantial, particularly relevant to you or impact your data protection rights, we’ll get in touch with you about them. However, we recommend that you visit this page regularly to stay up to date with any other (less substantial or relevant) updates.

GENERAL DELIVERY TERMS

These general delivery terms (the 'Terms') form an integral part of the TravelholaeSuite Accommodation Agreement (the 'TravelholaeSuite Agreement' and together with the Terms, 'Agreement') entered into between an Accommodation and TravelholaeSuite (each a 'Party' and collectively the 'Parties').


1.     DEFINITIONS AND INTERPRETATION

1.      In this Agreement, save where the context otherwise requires or the Agreement otherwise provides, capitalised words and expressions shall have the meanings given to them in Appendix 1.

2.      This Agreement is not intended, nor should anything herein or in any of the arrangements contemplated herein, be construed to create a joint venture or the relationship of partners, partnership or principal and agent between the Parties. Neither Party shall act, or be construed to act, as the agent of the other.


2.     PROPERTY WEBSITE SERVICES

1.     General Prohibitions

1.      The Accommodation agrees not to post, upload, publish, submit or transmit via or to the Site or Property Website Services any Content that: (1) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy/data protection or otherwise violates, or encourages any conduct that would violate, any applicable law, rule, statute, ordinance, court or agency decision or regulation (collectively, the 'Laws'), (2) would give rise to civil liability, (3) is fraudulent, false, libelous, misleading or deceptive, (4) is defamatory, obscene, pornographic, sexual, vulgar or offensive links to an adult orientated, pornographic or otherwise sexually orientated service, (5) promotes sexually explicit materials, illegal activities, violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), bigotry, racism, hatred, harassment or harm against any individual or group (on the basis of age, colour, national origin, race, religion, sex, sexual orientation, handicap or otherwise), or (6) is violent or threatening or promotes violence or actions that are threatening to any person or entity.

2.      The Accommodation also agrees not to: (1) use, display, mirror or frame the Site, or any individual element within the Site or Property Website Services, including TravelholaeSuite's name or any TravelholaeSuite Content, (2) access, tamper with, or use non-public areas of the Site or Property Website Services, TravelholaeSuite's computer systems, or the technical delivery systems of TravelholaeSuite's providers, (3) attempt to probe, scan, or test the vulnerability of any TravelholaeSuite system or network or breach any security or authentication measures, (4) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TravelholaeSuite or any of TravelholaeSuite's providers or any other third party (including another user), (5) attempt to access or search the Site or TravelholaeSuite Content or download TravelholaeSuite Content from the Site or Property Website Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TravelholaeSuite or other generally available third party web browsers, (6) send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, (7) use any meta tags or other hidden text or metadata utilising a TravelholaeSuite Trademark or URL, (8) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Property Website Services to send altered, deceptive or false source-identifying information, (9) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide or that is contained or displayed within the Site or via the Property Website Services, (10) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Property Website Services, (11) collect or store any Personal Data from other users of the Site or Property Website Services, (12) impersonate or misrepresent its affiliation with any person or entity, (13) access the Site behind proxy servers or URL cloaking techniques, or (14) encourage or enable any other party to do any of the foregoing.

2.     Monitoring, investigation and remedies

1.      The Accommodation acknowledges and agrees that TravelholaeSuite has the right to investigate and prosecute violations of any of the above prohibitions, or of any of these Terms, to the fullest extent of the Laws. The Accommodation acknowledges that TravelholaeSuite has no obligation to monitor the Accommodation's access to or use of the Site or to review or edit any Accommodation Content, but has the right to do so for the purpose of operating the Site, to ensure the Accommodation's compliance with these Terms, to comply with applicable Laws, including the order or requirement of a court, administrative agency or other governmental body or as it otherwise deems necessary or appropriate. TravelholaeSuite reserves the right, at any time and without prior notice, to remove or disable access to any Accommodation Content including, but not limited to, such Content that TravelholaeSuite, at its sole discretion, considers to be in violation of these Terms, applicable Laws, or otherwise harmful to the Site.

3.     License granted by BookingSuite

1.      Subject to the Accommodation's compliance with the terms and conditions of these Terms, TravelholaeSuite grants the Accommodation a limited, revocable, non-exclusive, non-transferable and non-assignable right and license to view, download and print any TravelholaeSuite Content solely for the personal and non-commercial purposes. The Accommodation has no right to sublicense the license rights granted in this section. The Accommodation will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or TravelholaeSuite Content, except as expressly permitted in these Terms. No licenses or rights are granted to the Accommodation by implication or otherwise under any intellectual property rights owned or controlled by TravelholaeSuite or its licensors, except for the licenses and rights expressly granted in these Terms.

2.      The Accommodation may use the TravelholaeSuite Content under that license for its internal business purposes only and to the extent necessary for the Accommodation to access and use the applicable Property Website Services (i.e. those provided for free or those provided in connection with a Services Subscription).

4.     License granted by Accommodation

1.      By making available any Accommodation Content on or through the Site or Property Website Services, the Accommodation hereby grants to TravelholaeSuite a worldwide, non-exclusive, non-revocable, perpetual, transferable and royalty-free right and license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, utilise and otherwise exploit such Accommodation Content to the extent necessary for TravelholaeSuite to perform the Property Website Services. The Accommodation also grants TravelholaeSuite the right and license to use, market, promote, display, include and utilise the Accommodation Content (including the Accommodation) (whether on the Site, through the Property Website Services or for online web-marketing (including pay-per click, banners and other online advertisements) and email marketing purposes) to and for the benefit of the Accommodation. TravelholaeSuite runs the online and email marketing campaigns at its own costs and own discretion. TravelholaeSuite does not claim any ownership rights in any Accommodation Content and nothing in these Terms will be deemed to restrict any rights that the Accommodation may have to use and exploit any Accommodation Content.

2.      TravelholaeSuite will not publish, publicly display or perform or otherwise make available to the general public any Accommodation Content outside the scope of the right and license set out in Clause 2.3.1 without the Accommodation's prior permission, which Accommodation agrees will not be unreasonably withheld, delayed or conditioned. If the Accommodation approves such use, the Accommodation shall give the same right and license to such Accommodation Content as set out in Clause 2.3.1. If the Accommodation does not approve such uses of the Accommodation Content, TravelholaeSuite will still charge the Accommodation the applicable Property Website Services Fees, as described below.

5.     Ownership and all rights reserved

1.      Without limiting any other language in these Terms, the Accommodation acknowledges and agrees that the Site, Property Website Services, and TravelholaeSuite Content (which includes any Content created or generated by TravelholaeSuite (e.g. translations of accommodation descriptive information created by TravelhoaleSuite)) are protected by copyright, trademark, database rights and other Laws and that the Site, Property Website Services and TravelholaeSuite Content (including all associated intellectual property rights) are the sole and exclusive property of TravelholaeSuite and its licensors. The Accommodation further acknowledges and agrees that all Trademarks appearing on the Site, the Property Website Services or in the TravelholaeSuite Content are owned by TravelholaeSuite or the third-parties who provide them. The Accommodation will not remove, alter or obscure or claim ownership of any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Property Website Services or TravelholaeSuite Content. For the avoidance of doubt, as between the Accommodation and TravelholaeSuite, the Accommodation owns any Accommodation Content provided by the Accommodation to TravelholaeSuite (excluding any translations thereof made by TravelholaeSuite which shall be exclusively owned by TravelholaeSuite).

2.      The Accommodation agrees and acknowledges that reproducing, copying, using, incorporating, imitating, publishing or distributing (a) (any part of) the TravelholaeSuite Content on or of the TravelholaeSuite Site or provided via the Property Website Services or (b) (any part of) the Site itself (including the look and feel/composition, certain features and elements unique to the Site) for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of TravelholaeSuite. Any rights not expressly granted herein are reserved by TravelholaeSuite. The Accommodation shall promptly comply - at its own costs - with any reasonable requests from Travelholae.com to make changes, alterations or amendments to any aspect or element of its website which is or can be regarded to be confusingly or significantly similar to any element of the Site.

3.      The Accommodation agrees not to specifically target the TravelholaeSuite brands (including affiliate brands such as Travelholae.com) through keyword purchases that use any intellectual property rights of TravelholaeSuite or its affiliated group companies.

4.      The Accommodation shall not (reverse /dis)assemble, do (reverse)engineering or (de)compile (or otherwise attempt to derive the source code from) the Property Website Services and the Site (including features such as, but not limited to, the Booking Button and Review Widget (including the relevant XML feed or integration)) and the Accommodation shall not use the Property Website Services and the Site (including features such, but not limited to, as the Booking Button and Review Widget (the relevant XML feed)) for any purpose other than in accordance with and in furtherance of this Agreement. This clause shall survive termination.

6.     Accommodation responsibility

1.      The Accommodation acknowledges and agrees that the Accommodation is solely responsible for all Content that the Accommodation make available through the Site or the Property Website Services. Accordingly, the Accommodation represents and warrants that: (1) the Accommodation is the sole and exclusive owner of all such Content (excluding any Content created or generated by TravelholaeSuite) or the Accommodation has all necessary rights, licenses, consents and releases that are necessary to grant to TravelholaeSuite the rights and licenses set forth in these Terms, and (2) the Content, its posting, uploading, publication, submission or transmittal of the Content or TravelholaeSuite's use of the Content (or any portion thereof) as set forth in these Terms on, through, in connection with or by means of the Site or the Property Website Services does not and will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or violate or result in the violation of any applicable Laws.

2.      The Accommodation acknowledges and agrees that TravelholaeSuite may instruct Travelholae.com on its behalf to perform certain Processing activities as a Data Controller in compliance with the Travelholae.com privacy statement as available on the website www.travelholae.com. The Accommodation acknowledges and agrees that the Accommodation is solely responsible for informing the End User of the Processing by the Accommodation and Travelholae.com  as Data Controller and obtaining their consent if required under applicable data protection law with regard to the Processing of End User Data in relation to the Booking Engine Services including the transfer of End User Data to TravelholaeSuite, Travelholae.com and/or their affiliates, the use of such data for analytical and marketing purposes, and the use of such data as set out in the Travelholae.com privacy statement as available on the website www.travelholae.com.
To inform End Users about the Processing by Booking.com B.V., the Accommodation agrees to:
(i) Provide a link to the Travelholae.com privacy statement as available on the website www.travelholae.com on the website of the Accommodation, in addition to the Accommodation privacy statement; or
(ii) Include the following clause into the Accommodation privacy statement: Booking.com: we have teamed up with Travelholae.com , located at     3 Lower Parade Street, Falmouth, Trelawny, Jamaica,  (www.travelholae.com) (hereafter travelholae.com) to offer you our online reservation services. While we provide the content to this website and you make a reservation directly with us, the reservations are processed through Travelholae.com. The information you enter into this website will therefore also be shared with Travelholae.com and its affiliates. This may include personal data such as your name, your contact details, your payment details, the names of guests traveling with you and any preferences you specified when making a booking. To find out more about the Travelholae.com corporate family, visit the

3.      .com website. Travelholae.com may process your personal data for the purposes set out in the Travelholae.com privacy statement.

4.      Travelholae.com may send you a confirmation email, a pre-arrival email and provide you with information about our accommodation and the area in which it is located. Travelholae.com will also provide you with international customer service 24/7 from its local offices in more than 20 languages. Sharing your details with Travelholae.com’s global customer service staff allows them to respond when you need assistance. Travelholae.com may use your information for technical, analytical and marketing purposes as further described in the Travelholae.com privacy statement. This may include that your information might also be shared with other members of the Travelholae Holdings Inc group of companies for analysis to provide you with travel-related offers that may be of interest to you and to offer you customised service. If you have questions about the processing of your personal data by Travelholae.com, please contact dataprotectionoffice@travelholae.com.

7.     Parties responsibilities

1.      Insofar the Accommodation accepts credit cards for payment, the Accommodation is required to comply, and to have its service providers comply on an ongoing basis, with the requirements, compliance criteria and validation processes as set forth in the Payment Card Industry ('PCI') Data Security Standard as promulgated from time to time by the major credit card companies.

2.      The Accommodation acknowledges that it is responsible for the security of cardholder data it processes within the context of this Agreement and Travelholaeuite acknowledges that it is responsible for the security of cardholder data it processes within the context of this Agreement.

3.      TravelholaeSuite is not responsible for the validity, verification or authorisation of credit cards.

 

8.     Domain Ownership

1.      By requesting a customised domain via back office the Accommodation acknowledges that TravleholaeSuite, as a Domain Reseller powered by DomainRightNow, will register a custom domain that the Accommodation selected. The registered domain belongs to the Accommodation and in case of the termination of the contract between the Accommodation and TravelholaeSuite, the Accommodation will become fully responsible for the further maintenance thereof (including but not limited to the timely payment of renewal fees and administrative and technical modifications). The Accommodation indemnifies TravelholaeSuite from and against any and all claims regarding the aforesaid.

9.     Data Processed by TravelholaeSuite

1.      Applicability: The provisions of this Clause are applicable to the Processing of Personal Data by TravelholaeSuite under the Property Website services. This Processing of Personal Data is subject to the general clauses on Processing by TravelholaeSuite as included under Clause 10 of this Agreement.

2.      Type and scope of Processing of Personal Data: TravelholaeSuite Processes Personal Data collected from Property Website or transferred from Accommodation to TravelholaeSuite per Accommodation's Instructions within the scope of the Property Website services for the duration of this Agreement.

3.      Data Subjects: the Data Subjects are the End Users.

4.      Categories of Personal Data: The Personal Data Processed by TravelholaeSuite may include the following categories of data, as determined at the sole discretion of Accommodation: personal details and contact information of End Users including name, address, phone number, email address, IP address, unique user IDs (such as cookie IDs), credit card details and reservation details including communications related to the reservation.

5.      Accommodation shall be the Data Controller and TravelholaeSuite shall be the Data Processor in accordance with applicable law Processing End User Data which is transferred to TravelholaeSuite by the Accommodation or on behalf of the Accommodation. The foregoing does not apply to Personal Data collected through cookies placed on the Property Website by TravelholaeSuite.


 

3.     iCal

1.     iCal

1.      The iCal feature is a format that allows partners to manage reservations using a simple calendar format. The iCal sync allows an 'import' and 'export' feature. Data is collected and stored in TravelholaeSuite databases. Single unit properties and small property partners are eligible to opt into the iCal sync feature.

2.     Data Processed by TravelholaeSuite

1.      Applicability: The provisions of this Clause are applicable to the Processing of Personal Data by TravelholaeSuite under the iCal services. This Processing of Personal Data is subject to the general clauses on Processing by TravelholaeSuite as included under Clause 10 of this Agreement.

2.      Type and scope of Processing of Personal Data: TravelholaeSuite Processes Personal Data transferred from Accommodation to TravelholaeSuite per Accommodation's Instructions within the scope of the iCal services for the duration of this Agreement.

3.      Data Subjects: The Data subjects are the End Users.

4.      Categories of Personal Data: The Personal Data Processed by TravelholaeSuite may include the following categories of data, as determined at the sole discretion of Accommodation: personal details of End Users including name, address, email address, and reservation details including possible loyalty numbers.

5.      Accommodation shall be the Data Controller and TravelholaeSuite shall be the Data Processor in accordance with applicable law Processing End User Data which is transferred to TravelholaeSuite by the Accommodation or on behalf of the Accommodation.

4.     CONNECTED MARKETPLACE

1.     Connected Marketplace Services

1.      The 'Connected Marketplace Services', also referred to as 'CMP' includes the BookingSuite App Store, Marketplace, B.Cloud and Vendor Portal products where Accommodation partners can adopt technology and service solutions (applications) from external Solution Partners using data from various accommodation partners.

2.      To be eligible to use the Connected Marketplace Services, the Accommodation must meet the following criteria: (i) not being restricted from the Connected Marketplace Services; (ii) not being a competitor of BookingSuite or using the RateFamily Services to compete with BookingSuite; (iii) not violating any other agreement binding the Accommodation; (iv) not violating any rights of BookingSuite; and (v) agreeing to provide at its own costs all equipment, software and internet access necessary to use the Connected Marketplace Services.

3.      BookingSuite undertakes to use commercially reasonable efforts to establish an efficient and optimal dynamic pricing grid. In this perspective, BookingSuite shall use commercially reasonable efforts to update, improve and expand the Connected Marketplace Services (all at its sole and exclusive discretion).

4.      BookingSuite may modify, replace, refuse access to, suspend or discontinue Connected Marketplace Services, partially or entirely, or change or modify prices for all or part of the Connected Marketplace Services in its sole discretion. All such changes shall be effective upon their being posted on the website(s) or by their direct communication to the Accommodation, unless otherwise noted. BookingSuite further reserves the right to withhold, remove and/or discard any content available as part of the Accommodation Account, with or without notice if deemed by BookingSuite to be contrary to this Agreement.

 

2.     Use of the Connected Marketplace Services

1.      The User accesses the Connected Marketplace Services with an account provided by TravelholaeSuite when registering on the website (hereafter the 'Accommodation Account'). The Accommodation is responsible for the accuracy and the transmission of all data entered into the Accommodation Account. The Accommodation is responsible for maintaining the confidentiality of the Accommodation Account information, in particular its password.

2.      Only the Accommodation shall have access to and use the Connected Marketplace Services through the Accommodation Account. These rights are non-assignable and non-transferable for the duration of the Contract and without geographical limitation. Disclosure by the Accommodation of the Accommodation Account details to a third party, without the prior consent of TravelholaeSuite, shall entitle TravelholaeSuite to terminate the Agreement without notice, without prejudice to any damages which it may seek.

3.      The Accommodation accepts responsibility for all activities and changes to data occurring under its user name(s) and password(s) and agrees to indemnify TravelholaeSuite, its affiliated companies, officers, employees and suppliers against any claims, or damages/losses arising from or cost incurred in connection with the use of the Connected Marketplace Services under its Accommodation Account.

4.      The Accommodation shall comply with all applicable (competition, marketing and consumer) laws when using the Connected Marketplace Services and use the Connected Marketplace Services in a professional manner and at its own risk and account.

3.     Data Processed by BookingSuite

1.      Applicability: The provisions of this Clause are applicable to the Processing of Personal Data by TravelholaeSuite under the Connected Marketplace Services. This Processing of Personal Data is subject to the general clauses on Processing by TravelholaeSuite as included under Clause 10 of this Agreement.

2.      Type and scope of Processing of Personal Data: TravelholaeSuite Processes Personal Data transferred from Accommodation to TravelholaeSuite per Accommodation's Instructions within the scope of the Connected Marketplace Services for the duration of this Agreement, which includes transferring data to vendors, property management systems or other third parties as determined at the sole discretion of Accommodation.

3.      Data Subjects: The Data subjects are the End Users.

4.      Categories of Personal Data: The Personal Data Processed by TravelholaeSuite may include the following categories of data, as determined at the sole discretion of Accommodation: personal details and contact information of End Users including name, address, email address, contact information, unique user IDs (such as cookie IDs) and reservation details including possible loyalty numbers.

5.      Accommodation shall be the Data Controller and TravelholaeSuite shall be the Data Processor in accordance with applicable law Processing End User Data which is transferred to TravelholaeSuite by the Accommodation or on behalf of the Accommodation.

4.     Payment and disclaimer Connected Marketplace

1.      TravelholaeSuite facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the vendors and suppliers that offer their products on or through the Connected Marketplace (Travelholae.com never acts nor operates as the merchant of record). Payment is processed to the relevant vendor/supplier through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the vendor/supplier will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies.

2.      TravelholaeSuite is not responsible nor liable for the relevant prices as displayed for the relevant Products (including taxes, fees, surcharges or levies) (or any errors or omissions in this respect). The Accommodation shall not hold TravelholaeSuite liable for any obvious errors and mistakes (including misprints) (which are all not valid and binding). All special offers and promotions must be marked as such.

3.                     TravelholaeSuite is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the products or services (offered or made available on or through the Connected Marketplace) and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. The Accommodation acknowledges and agrees that the relevant vendor or supplier is solely responsible and assumes all responsibility and liability in respect of the product/service (including any warranties and representations made by the vendor/supplier). Booking.com is not a (re)seller, offeror or provider of a product/service made available on the Connected Marketplace. Complaints or claims in respect of the product/service (including related to the offered (special/promotion) price, policy or specific requests made by the Accommodation) are to be dealt with by the vendor/supplier. Travelholae.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities or deficiencies.

5.     BOOKING ENGINE STAND ALONE (BOOKINGBUTTON)

1.     General Prohibitions

1.      The Accommodation also agrees not to: (1) use, display, mirror or frame the Site, or any individual element within the Site or Booking Engine stand alone Services, including TravelholaeSuite's name or any TravelholaeSuite Content, (2) access, tamper with, or use non-public areas of the Booking Engine Services, TravelholaeSuite's computer systems, or the technical delivery systems of TravelholaeSuite's providers, (3) attempt to probe, scan, or test the vulnerability of any TravelholaeSuite system or network or breach any security or authentication measures, (4) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TravelholaeSuite or any of TravelholaeSuite's providers or any other third party (including another user), (5) attempt to access or search the Site or TravelholaeSuite Content or download TravelholaeSuite Content from the Booking Engine Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TravelholaeSuite or other generally available third party web browsers, (6) send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, (7) use any meta tags or other hidden text or metadata utilising a TravelholaeSuite Trademark or URL, (8) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Property Website Services to send altered, deceptive or false source-identifying information, (9) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide or that is contained or displayed within the Booking Engine, (10) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Booking Engine Services, (11) collect or store any Personal Data from other users of the Booking Engine Services, (12) impersonate or misrepresent its affiliation with any person or entity, (13) access the Site behind proxy servers or URL cloaking techniques, or (14) encourage or enable any other party to do any of the foregoing.

2.     Monitoring, investigation and remedies

1.      The Accommodation acknowledges and agrees that TravelholaeSuite has the right to investigate and prosecute violations of any of the above prohibitions, or of any of these Terms, to the fullest extent of the Laws. The Accommodation acknowledges that TravelholaeSuite has no obligation to monitor the Accommodation's access to or use of the Site or to review or edit any Accommodation Content, but has the right to do so for the purpose of operating the Site, to ensure the Accommodation's compliance with these Terms, to comply with applicable Laws, including the order or requirement of a court, administrative agency or other governmental body or as it otherwise deems necessary or appropriate. TravelholaeSuite reserves the right, at any time and without prior notice, to remove or disable access to any Accommodation Booking Engine including, but not limited to, such Content that TravelholaeSuite, at its sole discretion, considers to be in violation of these Terms, applicable Laws, or otherwise harmful to the Site.

3.     License granted by TravelholeSuite

1.      Subject to the Accommodation's compliance with the terms and conditions of these Terms, TravelholaeSuite grants the Accommodation a limited, revocable, non-exclusive, non-transferable and non-assignable right and license to view, download and print any TravelholaeSuite Content solely for the personal and non-commercial purposes. The Accommodation has no right to sublicense the license rights granted in this section. The Accommodation will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or TravelholaeSuite Content, except as expressly permitted in these Terms. No licenses or rights are granted to the Accommodation by implication or otherwise under any intellectual property rights owned or controlled by TravelholaeSuite or its licensors, except for the licenses and rights expressly granted in these Terms.

2.      The Accommodation may use the TravelholaeSuite Content under that license for its internal business purposes only and to the extent necessary for the Accommodation to access and use the applicable Booking Engine Services (i.e. those provided for free or those provided in connection with a Services Subscription).

4.     License granted by Accommodation

1.      By making available any Accommodation Content on or through the Booking Engine Services, the Accommodation hereby grants to TravelholaeSuite a worldwide, non-exclusive, non-revocable, perpetual, transferable and royalty-free right and license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, utilise and otherwise exploit such Accommodation Content to the extent necessary for TravelholaeSuite to perform the Booking Engine Services. The Accommodation also grants TravelholaeSuite the right and license to use, market, promote, display, include and utilise the Accommodation Content (including the Accommodation) (whether on the Booking Engine, through the Booking Engine Services or for online web-marketing (including pay-per click, banners and other online advertisements) and email marketing purposes) to and for the benefit of the Accommodation. TravelholaeSuite runs the online and email marketing campaigns at its own costs and own discretion. TravelholaeSuite does not claim any ownership rights in any Accommodation Content and nothing in these Terms will be deemed to restrict any rights that the Accommodation may have to use and exploit any Accommodation Content.

2.      TravelholaeSuite will not publish, publicly display or perform or otherwise make available to the general public any Accommodation Content outside the scope of the right and license set out in Clause 2.3.1 without the Accommodation's prior permission, which Accommodation agrees will not be unreasonably withheld, delayed or conditioned. If the Accommodation approves such use, the Accommodation shall give the same right and license to such Accommodation Content as set out in Clause 2.3.1. If the Accommodation does not approve such uses of the Accommodation Content, TravelholaeSuite will still charge the Accommodation the applicable Booking Engine Services Fees, as described below.

5.     Ownership and all rights reserved

1.      Without limiting any other language in these Terms, the Accommodation acknowledges and agrees that the Booking Engine Services, and Suite Content are protected by copyright, trademark, database rights and other Laws and that the Booking Engine Services and TravelholaeSuite Content (including all associated intellectual property rights) are the sole and exclusive property of TravelholaeSuite and its licensors. The Accommodation further acknowledges and agrees that all Trademarks appearing on the Booking Engine Services or in the TravelholaeSuite Content are owned by TravelholaeSuite or the third-parties who provide them. The Accommodation will not remove, alter or obscure or claim ownership of any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Booking Engine Services or TravelholaeSuite Content.

2.      The Accommodation agrees and acknowledges that reproducing, copying, using, incorporating, imitating, publishing or distributing (a) (any part of) the TravelholaeSuite Content on or of the TravelholaeSuite Site or provided via the Booking Engine Services or (b) (any part of) the Booking Engine itself (including the look and feel/composition, certain features and elements unique to the Booking Engine) for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of TravelholaeSuite. Any rights not expressly granted herein are reserved by TravelholaeSuite. The Accommodation shall promptly comply – at its own costs – with any reasonable requests from Travelholae.com to make changes, alterations or amendments to any aspect or element of the its Booking Engine which is or can be regarded to be confusingly or significantly similar to any element of the Site.

3.      The Accommodation agrees not to specifically target the TravelholaeSuite brands (including affiliate brands such as Travelholae.com) through keyword purchases that use any intellectual property rights of TravelholaeSuite or its affiliated group companies.

4.      The Accommodation shall not (reverse/dis)assemble, do (reverse)engineering or (de)compile (or otherwise attempt to derive the source code from) the Booking Engine Services (including features such as, but not limited to, the Booking Button (including the relevant XML feed or integration)) and the Accommodation shall not use the Booking Engine Services (including features such, but not limited to, as the Booking Button and (the relevant XML feed)) for any purpose other than in accordance with and in furtherance of this Agreement. This clause shall survive termination.

6.     Accommodation responsibility

1.      The Accommodation acknowledges and agrees that the Accommodation is solely responsible for all Content that the Accommodation make available through the Extranet. Accordingly, the Accommodation represents and warrants that: (1) the Accommodation is the owner of its content as provided or made available to TravelholaeSuite, or (2) the Accommodation has all necessary rights, licenses, consents and releases that are necessary to grant to TravelholaeSuite the rights and licenses set forth in these Terms or as required to perform its obligations under the Agreement.

2.      The Accommodation acknowledges and agrees that TravelholaeSuite instructs Travelholae.com on its behalf to perform certain Processing activities as a Data Controller in compliance with the Travelholae.com privacy statement as available on the website www.travelholae.com. The Accommodation acknowledges and agrees that the Accommodation is solely responsible for informing the End User of the Processing by the Accommodation and Travelholae.com as Data Controller and obtaining their consent if required under applicable data protection law with regard to the Processing of End User Data in relation to the Booking Engine Services including the transfer of End User Data to TravelholaeSuite, Travelholae.com and/or their affiliates, the use of such data for analytical and marketing purposes, and the use of such data as set out in the Travelholae.com privacy statement as available on the website www.travelholae.com.
To inform End Users about the Processing by Travelholae.com, the Accommodation agrees to:
(i) Provide a link to the travelholae.com privacy statement as available on the website www.travelholae.com on the website of the Accommodation, in addition to the Accommodation privacy statement; or
(ii) Include the following clause into the Accommodation privacy statement: Travelholae.com: we have teamed up with Travelholae.com, located at 3 Lower Parade Street, Falmouth, Trelawny, Jamaica(www.travelholae.com) (hereafter travelholae.com) to offer you our online reservation services. While we provide the content to this website and you make a reservation directly with us, the reservations are processed through Travelholae.com. The information you enter into this website will therefore also be shared with Travelholae.com and its affiliates. This may include personal data such as your name, your contact details, your payment details, the names of guests traveling with you and any preferences you specified when making a booking. To find out more about the Travelholae.com corporate family, visit the Booking.com website. Travelholae.com may process your personal data for the purposes set out in the Travelholae.com privacy statement.
Travelholae.com may send you a confirmation email, a pre-arrival email and provide you with information about our accommodation and the area in which it is located. Travelholae.com will also provide you with international customer service 24/7 from its local offices in more than 20 languages. Sharing your details with Travelholae.com’s global customer service staff allows them to respond when you need assistance. Travelholae.com may use your information for technical, analytical and marketing purposes as further described in the Travelholae.com privacy statement. This may include that your information might also be shared with other members of Travelholae.com Holdings Inc group of companies for analysis to provide you with travel-related offers that may be of interest to you and to offer you customised service. If you have questions about the processing of your personal data by Travelholae.com, please contact 
dataprotectionoffice@travelholae.com.

7.     Parties responsibilities

1.      Insofar the Accommodation accepts credit cards for payment, the Accommodation is required to comply, and to have its service providers comply on an ongoing basis, with the requirements, compliance criteria and validation processes as set forth in the Payment Card Industry ('PCI') Data Security Standard as promulgated from time to time by the major credit card companies.

2.      The Accommodation acknowledges that it is responsible for the security of cardholder data it processes within the context of this Agreement and TravelholaeSuite acknowledges that it is responsible for the security of cardholder data it processes within the context of this Agreement.

3.      TravelholaeSuite is not responsible for the validity, verification or authorisation of credit cards.

 

 

8.     Data Processed by BookingSuite

1.      Applicability: The provisions of this Clause are applicable to the Processing of Personal Data by TravelholaeSuite under the Booking Engine services. This Processing of Personal Data is subject to the general clauses on Processing by TravelholaeSuite as included under Clause 10 of this Agreement.

2.      Type and scope of Processing of Personal Data: TravelholaeSuite Processes Personal Data collected from Booking Engine or transferred from Accommodation to TravelholaeSuite per Accommodation's Instructions within the scope of the Booking Engine services for the duration of this Agreement.

3.      Data Subjects: The Data Subjects are the End Users.

4.      Categories of Personal Data: The Personal Data Processed by TravelholaeSuite may include the following categories of data, as determined at the sole discretion of Accommodation: personal details and contact information of End Users including name, address, phone number, email address, IP address, unique user IDs (such as cookie IDs), credit card details and reservation details including communications related to the reservation.

5.      Accommodation shall be the Data Controller and TravelholaeSuite shall be the Data Processor in accordance with applicable law Processing End User Data which is transferred to TravelholaeSuite by the Accommodation or on behalf of the Accommodation. The foregoing does not apply to Personal Data collected through cookies placed on the Booking Engine by TravelholaeSuite.


6.     INTELLECTUAL PROPERTY RIGHTS

1.      The Accommodation agrees and acknowledges that TravelholaeSuite owns all rights, titles and interests in and to the Connected Marketplace and the Property Website Services (including the Site(s), the URLs representing Connected Marketplace website(s) and the Travelholae, Connected Marketplace logo.

7.     CALCULATION FEES/COMMISSION, DEPOSIT, INVOICES AND PAYMENT

1.     Fees, Commission and Deposit

1.      All fees as charged or due and payable under the Agreement (the "Fees") shall be set out or calculated in accordance with TravelholaeSuite Agreement. All (offered) prices are exclusive of taxes. Payment shall be made in accordance with Clause 9.2. All Fees shall be non-refundable and non-cancellable. In respect of all Fees, the following applies:
(i) in the event of commencement of the services during a month, TravelholaeSuite will charge a pro rata amount for that month; otherwise, there will be no pro rata charges, (pro rata) refunds or credits for partial months, or for Services upgrades or downgrades. In the event of a Service upgrade of the Services, the relevant Fee(s) shall be due and payable as of the month in which the Services are upgraded. In the event of a downgrade of the Services, the relevant Fee(s) shall not be adjusted;
(ii) (if applicable) the relevant Fee(s) for the relevant Services ordered by the Accommodation shall not be due for the term of the Trial Period (as set out in the TravelholaeSuite Agreement);
(iii) unless agreed otherwise by Parties (but always at the discretion of TravelholaeSuite), the Fee(s) shall be paid and invoiced either (a) as an advance payment for the entire relevant Term, (b) as a monthly advance payment for each month during the Term, or (c) in the subsequent month for the preceding month.

2.      Commission payments for using Property Websites services and Booking Engine services shall be calculated as follows:
(a) For each reservation made on the Site or through Booking Engine standalone service by an End User the Accommodation shall pay TravelholaeSuite a commission (the 'Commission') calculated in accordance with Clause 9.1.3. Payment shall be made in accordance with Clause 9.2.

3.      The aggregate Commission per reservation is equal to the multiple of (i) the number of nights stayed at the Accommodation by the End User, (ii) the booked rate per room per night (including VAT, sales taxes and such other applicable national, governmental, provincial, state, municipal or local taxes or levies) and such other extra's, fees and surcharges which are included in the offered rate at the time of booking of the room by an End User on the Sites (such as breakfasts, meals (half-board or full-board), bicycle rental, late check outs/early check in fees, extra person charges, resort fees, roll-away beds, theatre tickets, service fees, etc), (iii) the number of booked rooms by the End User, and (iv) the relevant Commission percentage set out in the Suite Agreement (plus VAT/taxes (if applicable)). Commission shall also be due and payable in the event of an overbooking, no-show or charged cancellation and shall be calculated in accordance with the confirmed booking. For the avoidance of doubt, Commission will be charged in the event of overbooking or a no-show (unless the Accommodation has notified Booking.com of the relevant no-show within 2 business days after the scheduled date of check out of the Guest) or a charged cancellation (cancellation in violation of the free cancellation policy of the Accommodation) and shall be calculated in accordance with the confirmed booking.

4.      If the Accommodation becomes delinquent or is consistently delinquent with outstanding payments, the Accommodation shall upon first request of TravelholaeSuite pay a deposit which amount shall be equal to minimum the sum of the 3 highest invoices in the last 12 months or such other amount as determined by TravelholaeSuite at its discretion (the 'Deposit') to maintain ongoing services as provided by TravelholaeSuite. The Deposit will be held by TravelholaeSuite as a security for performance of the (payment) obligations of the Accommodation under the Agreement. Upon termination of this Agreement, the Deposit, or any balance thereof after deducting Fees and Commission, shortfall payments and other costs due to TravelholaeSuite will be repaid to the Accommodation within 30 days after settlement in full of the outstanding obligations and liabilities (including the payment of the due and/or outstanding Fees and Commission). Upon first request of TravelholaeSuite, the Accommodation shall pay as further Deposit such additional amount as requested by TravelholaeSuite if the Fees or outstanding Commission exceeds the Deposit or if the Accommodation frequently fails to pay the Fees or Commission if and when due. At any point during the term of the Agreement, TravelholaeSuite will monitor the (payment) performance of the Accommodation and may decide to repay the Deposit to the Accommodation after review (used criteria at TravelholaeSuite discretion).The amount of the Deposit shall in no way limit or cap the liability of the Accommodation under this Agreement. The Deposit shall not bear any interest.

2.     Invoices and (late) payment

1.      TravelholaeSuite shall invoice the Accommodation in accordance with the terms of the Suite Agreement and invoice shall be sent to the Accommodation by mail, (e)fax, online or e-mail.

2.      Payment of any invoice is due within 14 days after receipt of the invoice. All payments shall be made by means of Direct Debit, or in case this is not available in the banking system of the bank where the payment is made from, by wire transfer (to such bank account as identified by TravelholaeSuite) or (subject to prior approval by TravelholaeSuite) credit card. For the avoidance of doubt, other means of payment (such as by cheque or via 'payment agencies') cannot be processed by TravelholaeSuite and therefore will not be accepted. The Accommodation shall bear all costs as charged by the banks for the transfer of the funds.

3.      The amounts invoiced shall be paid by the Accommodation in the relevant currency (and if applicable at the exchange rate) as specified in the invoice. TravelholaeSuite may at its sole discretion prepare invoices either in a major currency (e.g. EUR/USD/GBP) or the relevant local currency of the Accommodation and subsequently convert the relevant final amount in the local currency or a major currency on the basis of the exchange rate of the last day of the relevant month for which the invoice is issued (and not on the day of checkout). The exchange rate used shall be the interbank rate (closing rate as per 4PM EST) as used or promulgated by major international financial banks or service companies from time to time selected by TravelholaeSuite.

4.      In the event of late payment of the invoice, TravelholaeSuite is entitled to (i) charge statutory interest as set by the Dutch authorities and reasonable debt recovery costs, and/or (ii) suspend the Services, without a notice of default being required.

5.      In the event of a dispute between TravelholaeSuite and the Accommodation in respect of an invoice, any undisputed amount of the relevant invoice will be paid in accordance with the terms of this Agreement, notwithstanding the status or nature of the dispute.

 

 

3.     Gross up payment

1.      All payments to be made under the Agreement shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority. If the Accommodation is compelled to make any such deduction or withholding, it will pay to TravelholaeSuite such additional amounts as are necessary to ensure receipt by TravelholaeSuite of the full (net) amount as set out in the invoice which TravelholaeSuite would have received but for the deduction. The Accommodation is responsible and liable for the payment and remittance of any taxes, levies, imports, duties, charges, fees and withholdings over and above the full (net) payment due from the Accommodation to TravelholaeSuite.

2.      The Accommodation is responsible for withholding and reporting relevant taxes (i.e. mentioned above in 9.3.1) applicable to the payments to TravelholaeSuite according to the relevant tax regulations and the practices and requests of the tax authorities. The Accommodation shall bear and be responsible for the payment and remittance of the taxes applicable to the payments under the Agreement and the associated late payment interests and penalties imposed by the tax authority for failing to withhold and report any taxes applicable to the payments under the Agreement. If required, the Accommodation shall be solely responsible to negotiate and agree with the relevant tax authorities on the tax treatments of the payments under the Agreement. The Accommodation shall upon first request of TravelholaeSuite provide TravelholaeSuite with (photo/scanned) copies of tax payment certificates/tax exemption certificates upon each remittance of the payments under the Agreement. The Accommodation represents and covenants that it is duly registered with all relevant tax authorities (including applicable statutory (local) revenue collection authorities) as a hotel or other accommodation provider.

4.     Third party invoices

1.      The Accommodation agrees and accepts that TravelholaeSuite may from time to time collect and process the invoices as issued by Vendors for, in the name of and/or on behalf of the Vendors (and to the extent required, the Accommodation hereby accepts, consents and acknowledges the transfer, set over and assignment of (the right to collect) the claim, if applicable). Travelholae.com is at all times entitled to settle and set off any amounts due to the Vendors with any amount held or processed by Booking.com of the Accommodation (without further notice). In the event of failure of timely payment of any amounts due to the Vendor(s), TravelholaeSuite is entitled to suspend its Services to the Accommodation.


8.     PRIVACY AND DATA PROTECTION

1.      This clause, sets out the terms on which TravelholaeSuite will handle as a Data Processor any Personal Data provided to it by the Accommodation or a third party upon Instruction of the Accommodation for the purpose of providing the Services to the Accommodation, or collected or generated by it in its provision of the Services to the Accommodation.

2.      The Accommodation is at all times responsible for compliance with all applicable data protection laws. The Accommodation warrants that all Personal Data Processed by TravelholaeSuite shall be collected and Processed by the Accommodation in accordance with applicable laws including without limitation: (a) ensuring that all Personal Data is collected and Processed fairly and lawfully and that consent has been obtained from the Data Subjects where necessary; and (b) ensuring that all Personal Data is accurate and up to date and that a fair notice is provided to the Data Subjects which describes the Processing to be undertaken by TravelholaeSuite pursuant to the Services agreed upon in this Agreement.

3.      Accommodation shall indemnify and hold TravelholaeSuite harmless against all claims, actions, third party or supervisory authority claims, losses, damages and expenses arising from any breach by the Accommodation of this Clause.

4.      TravelholaeSuite will ensure that any of its personnel who will have access to the End User Data is obliged to maintain the confidentiality of the End User Data.

5.      TravelholaeSuite will have in place appropriate technical and organisational measures to protect the End User Data against unauthorised or unlawful Processing and against accidental loss, destruction or alteration of, or damage to, the End User Data.

6.      TravelholaeSuite will inform the Accommodation without undue delay if it becomes aware of any accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure of or access to the End User Data on the systems of TravelholaeSuite and shall provide the Accommodation with reasonable assistance in investigating and mitigating the impact of any such data breach.

7.      On the termination of the Agreement with the Accommodation, TravelholaeSuite will, at the choice of the Accommodation, delete or return all End User Data on its systems to the Accommodation, unless TravelholaeSuite is required to retain certain End User Data in order to fulfil its obligations under applicable law.

8.      Taking into account the nature of the Processing and the information available, TravelholaeSuite will provide reasonable assistance to the Accommodation insofar as this is possible, for the fulfilment of the Accommodation's obligation to respond to requests exercising Data Subject’s right laid down in the General Data Protection Regulation 2016/679 ('GDPR') and the fulfilment of the Accommodation’s obligations under Article 32 to 36 of the GDPR, at the costs of the Accommodation.

9.      TravelholaeSuite will make available to the Accommodation, at the Accommodation's reasonable request, a report necessary to demonstrate compliance with this Clause [9.9] ('Audit Report'). If the Accommodation has serious reasons to believe that TravelholaeSuite is breaching this Clause [9.9], the Accommodation may request inspections conducted by an independent certified auditor or a certified auditor working for an Accommodation on TravelholaeSuite's premises. ('On-Site Audit'). Such On-Site Audit is subject to the following conditions: (i) On-Site Audits are limited to processing facilities and personnel of TravelhoaleSuite involved in the Processing activities covered by this Agreement; and (ii) On-Site Audits occur no more than once annually or as required by applicable law or by a competent supervisory authority; and (iii) may be performed during regular business hours without disrupting TravelholaeSuite's business operations, in accordance with TravelholaeSuite's security policies, and after a reasonable prior notice; and (iv) the Accommodation shall bear any costs arising out of or in connection with the On-Site Audit at the Accommodation and TravelholaeSuite. The Accommodation may create an audit report summarising the findings and observations of the On-Site Audit ('On-Site Audit Report'). On-Site Audit Reports as well as Audit Reports are confidential information of TravelholaeSuite and the Accommodation will not disclose them to third parties except for its legal counsel and consultants or if the Accommodation is required to disclose under applicable law or upon a request from a competent supervisory authority or if TravelholaeSuite consented to the disclosure.

10.   TravelholaeSuite will Process any End User Data outside the EEA, or will transfer any End User Data outside the EEA, only if such Processing or transfer is compliant with the European Data Protection Laws.

11.   The Accommodation herewith provides its general written authorisation to TravelholaeSuite to engage sub-contractors (including Travelholae.com ). To the extent the Jamaica Data Protection Laws applies, TravelholaeSuite may engage sub-contractors if it respects article 28 (2) and (4) GDPR.

12.   When TravelholaeSuite acts as a Data Controller

13.   When rendering the Services TravelholaeSuite also collects and Processes Personal Data for its own analytical purposes. General information on the Processing of Personal Data by TravelholaeSuite can be found in the TravelholaeSuite Privacy Statement.

14.   The analytical purposes for which TravelholaeSuite collects Personal Data include, analysing how the Services or parts of the Services are used, performing tests, product improvement, maintenance and development and trend watching ('Analytics'). It is TravelholaeSuite's legitimate interest to perform Analytics. The knowledge gained as a result of Analytics may be included in reports, which TravelholaeSuite may use internally and externally and share with third parties.

9.     MESSAGING

1.     Messaging Tools

1.      TravelholaeSuite may as part of its service to the Accommodation facilitate the communication between the Accommodation, the End-User and/or a third party (the 'Messaging Service') using tools provided by TravelholaeSuite. TravelholaeSuite will Process communications sent via the Messaging Service (the 'Communications') in accordance with the TravelholaeSuite Privacy Statement applicable to Accommodations. The Accommodation agrees and consents to the Processing of Communications by TravelholaeSuite (including any storage, receipt, access, insight and screening of communications by TravelholaeSuite) and confirms that it has informed (and as required by applicable law, obtained consent from) the Accommodation’s employees, agents, representatives and other individuals using the Messaging Service for or on the Accommodation's behalf as to the Processing of Communications that may include their Personal Data.

10.  WARRANTIES, DISCLAIMER AND LIMITATION OF LIABILITY

1.     Warranties

1.      Each Party represents and warrants to the other Party that for the term of this Agreement:
(i) it has the full corporate power and authority to enter into and perform its obligations under this Agreement;
(ii) it has taken all corporate action required by it to authorise the execution and performance of this Agreement;
(iii) this Agreement constitutes legal valid and binding obligations of that Party in accordance with its terms, and
(iv) it shall comply with all applicable Laws of the jurisdiction where it is incorporated with respect to the products (to be) offered and/or services (to be) rendered by such Party.

2.      The Accommodation represents and warrants to TravelholaeSuite that for the term of this Agreement:
(i) the Accommodation has all necessary rights, power and authority to use, operate, own (as applicable), (sub)license and have TravelholaeSuite make available on the Site (a) the Accommodation, and (b) the intellectual property rights in respect of, as set out or referred to in the information relating or regarding the Accommodation (whether used to, in or for the benefit of the Services or made available on the Site);
(ii) the execution and entering into of this Agreement and the performance of the relevant obligations under this Agreement (including the (sub)license granted under this Agreement and the supply and making available of the Accommodation Content) by the Accommodation to TravelholaeSuite does not (i) result in a breach of any agreement with any third party, and (ii) infringe any third party intellectual property right (including copyright, trade mark, patent or data base right);
(iii) the Accommodation and its (their) directors and (direct, indirect and ultimate (beneficial)) owners (and their directors) are not in any way connected to, part of, involved in or related to or under the control, management or ownership of:
(a) terrorists or terrorist organisations;
(b) parties / persons (i) listed as (special) designated nationals/entities or blocked person/entities, or (ii) otherwise subject to any applicable trade embargo, or financial, economic and trade sanctions, and
(c) parties / persons guilty of money laundering, bribery, fraud or corruption.

3.      The Accommodation shall upon first request of TravelholaeSuite fully cooperate and assist TravelholaeSuite with (and disclose all reasonably requested information in respect of) the identification of the (ultimate) owner, manager and/or controller of the Accommodation and/or the Accommodation and promptly inform TravelholaeSuite of any breach of the warranties set out above.

2.     Disclaimer

1.      Except as otherwise expressly provided in this Agreement, neither Party makes any representation or warranty, express or implied, in connection with the subject matter of this Agreement and hereby disclaims any and all implied warranties, including all implied warranties of merchantability or fitness for a particular purpose regarding such subject matter.

2.      The Site, the Services and TravelholaeSuite Content (including Legal Documents) are provided on an 'as is' and 'as available' basis, without warranty of any kind, either express, statutory or implied. Furthermore, TravelholaeSuite explicitly disclaims any (express, implied or statutory) warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, or any warranties arising out of course of dealing or usage of trade, product or service. TravelholaeSuite makes no warranty that the Site, Services or TravelholaeSuite content will (a) meet the Accommodation's requirements, (b) comply with applicable laws, or (c) be available on an uninterrupted, secure or error-free basis. TravelholaeSuite makes no warranty regarding the quality of any products, services or TravelholaeSuite content purchased or obtained through the Site or Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content, including end/other users' content, obtained through the Site or Services. For clarity, no advice or information, whether oral or written, obtained from TravelholaeSuite or through the Site, Services or TravelholaeSuite Content will create any warranty not expressly made herein.

3.      As part of its Services, TravelholaeSuite may from time to time create, host, develop, manage, offer, make available, use or maintain legal documents that apply vis-à-vis end users/visitors of the Site or customers of the Accommodation e.g. terms and conditions, privacy statement, cookie notice (cancellation/no-show) policies, FAQs (collectively the 'Legal Documents') to or for the benefit of the Accommodation or that the Accommodation can use for its own products and services and on the Site. TravelholaeSuite does not give any comfort, guarantee or warranty (and disclaims any responsibility and liability) that these Legal Documents (i) comply with all applicable laws, and (ii) are valid, binding and enforceable. The use of the Legal Documents is at the Accommodation's own risk and account and the Accommodation is strongly advised to seek (at its own costs) legal consultation and advice from its lawyer(s) in order to make sure that these legal documents comply with all applicable laws and are valid, binding and enforceable.

4.      TravelholaeSuite does not guarantee continuous, or uninterrupted access to the Services and (web)Site(s), which may be interfered with by numerous factors outside TravelholaeSuite's control. The Accommodation acknowledges and agrees that its access to and use of the Site and the Services is dependent upon access to telecommunications and Internet services. The Accommodation acknowledges the difficulties inherent to the use of the (mobile) Internet, communication and broadband, in particular, varying speeds and congestion in the (mobile) network, connections, systems and servers can cause interruptions, delays and difficulties in accessing, browsing, navigating or using the Site. Accommodation excludes any and all liability in respect of TravelholaeSuite which is related to any (un-)planned or (un-)scheduled (wholly or partial) outage, downtime, interruption, breakdown or unavailability (whether for maintenance, upgrades, updates or otherwise) of the Site and/or the Services. Accommodation shall be solely and at its own costs responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Site and Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.

5.      The Accommodation acknowledges and agrees that, to the maximum extent permitted by applicable Laws, the Accommodation accepts and assumes all risk, whether known or unknown to the Accommodation, arising out of the Accommodation's access to and use of the Site, Services and TravelholaeSuite Content. Without limiting the foregoing and to the maximum extent permitted by applicable Laws, the Accommodation also acknowledges and agrees that TravelholaeSuite will not be responsible or liable for, or incur any, claims, causes of action, suits, penalties, fines, losses, damages, costs or expenses (including reasonable attorney's fees) (collectively, the 'Claims') arising out of or in connection with these Terms or from the Accommodation's access or use of, or inability to access or use, the Site, Services or TravelholaeSuite Content for or arising out of the following: (1) personal or bodily injury or death or emotional distress; (2) interactions or meetings with other customers or users of the Site or Services or other persons with whom Accommodation communicate or interact as a result of the Accommodation's use of the Site or Services; (3) loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any telecommunications and Internet services (or the failure of such services) that Accommodation use to access or use the Site, Services or TravelholaeSuite Content; (4) any failure, omission or delay by TravelholaeSuite in performing its obligation under this Agreement due to circumstances beyond its reasonable control (including force majeure); (5) improper use or misuse of the Services; (6) implementation or use of software by the Accommodation that is not compatible with the software and systems as used by TravelholaeSuite in respect of the Services or Site; and (7) any other Claims arising out of or relating to the Accommodation's acts or omissions or the acts or omissions of any third-party, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TravelholaeSuite has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.

6.      Without limiting the foregoing, the Accommodation acknowledges and agrees that if TravelholaeSuite is found liable for any Claims, or for any other Claims arising hereunder, including for its breach of these Terms, TravelholaeSuite and any other person or entity involved in creating, producing, or delivering any of the foregoing will under no circumstances be liable for any incidental, special, exemplary, punitive, moral or consequential damages or losses, including, without limitation, loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or loss of data, or the cost of acquiring substitute products or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TravelholaeSuite has been informed of the possibility of such Claims, even if a limited remedy set forth herein is found to have failed of its essential purpose.

7.      TravelholaeSuite disclaims and excludes any and all liability in respect of the Accommodation which is related to any (temporary and/or partial) breakdown, outages, downtime, malfunction, delay, interruption or unavailability of the Site, the Services, API/XML and/or the extranet.

8.      When using DigitalDiary, overbookings or reservation update errors may occur. TravelholaeSuite shall not be liable for (and the Accommodation shall indemnify TravelholaeSuite for any third party claim due to) overbookings, reservation errors or (wrong) cancellations due to the fault, negligence or omission of a third party OTAs, PMS, Channel Manager or APIs or such third party’s negligence, omission or malfunction (including outage or downtime of the third party system).


11.  INDEMNIFICATION AND LIABILITY

1.     General indemnification

1.      Each Party (the 'Indemnifying Party') shall be liable towards, and compensate, indemnify and hold the other Party (the 'Indemnified Party') harmless for and against any direct damages, losses (excluding any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or any special, indirect or consequential losses and/or damages), liabilities, obligations, costs, claims, claims of any kind, interest, penalties, legal proceedings and expenses (including, without limitation, reasonable attorneys' fees and expenses) actually paid, suffered or incurred by the Indemnified Party pursuant to:
(i) a breach of this Agreement by the Indemnifying Party, or
(ii) any claim from any third party based on any (alleged) infringement of the third party's Intellectual Property Right by the Indemnifying Party.

 

2.     Specific indemnity

1.      The Accommodation agrees to fully defend, indemnify, and hold TravelholaeSuite (including its affiliated companies), and any of their officers, directors, employees and agents (the 'TravelholaeSuite Indemnitees'), harmless from and against any Claims arising out of or in any way connected with:
(1) any agreements or understandings the Accommodation has with third-parties, including End Users, or the Accommodation's failure to comply with and observe the terms of such agreements or understandings (including overbooking, double charges);
(2) all claims made by End Users concerning inaccurate, erroneous or misleading information on the Sites;
(3) all claims made by End Users concerning or related to a stay in the Accommodation, overbooking, relocation or (partly) cancelled or wrong reservations or repayment, refund or charge back of the room price;
(4) all other claims from End Users which are wholly or partly attributable to or for the risk and account of the Accommodation (including its directors, employees, agents, representatives) (including claims related to (lack of) services provided or goods/products offered by the Accommodation) or which arise due to tort, fraud, wilful misconduct, negligence or breach of contract by or attributable to the Accommodation (including its directors, employees, agents, representatives) in respect of an End User or its property;
(5) all claims against TravelholaeSuite Indemnitees in relation to or as a result of the failure of the Accommodation to (a) properly register with relevant tax authorities, or (b) pay, collect, remit or withhold any applicable taxes, fees and (sur)charges levied or based on the services or other charges hereunder in the relevant jurisdiction (including room price and commission payments), and
(6) any claims against TravelholaeSuite from any suppliers or vendors which offer their products and services to the Accommodation under or pursuant to this Agreement (e.g. marketplace) in relation to any act or omission (including breach of contract, (gross) negligence, wilful misconduct or tort) by the Accommodation (including its directors, employees, agents, representatives).

3.     Maximum liability

1.      Save as otherwise provided for in this Agreement, the maximum liability of a Party for all claims made against such party by the other Party under or in connection with this Agreement in a year shall not exceed the aggregate commission or fees received or paid by such Party in the preceding year or          USD 10,000 (whichever is higher), unless in the event of fraud or wilful misconduct of Indemnifying Party, in which event the limitation of liability is not applicable for such liable party. Parties agree and acknowledge that none of the limitations of liability set out in Clause 6 shall apply to any of the indemnifications in respect of third party claims or third party liabilities.

4.     Third Party Claim

1.      In the event of a third party claim, the indemnified Party shall promptly notify the other Party and Parties shall act in good faith and use their commercially reasonable efforts to consult, cooperate and assist each other in the defence and/or settlement of such claim, whereas the indemnifying Party shall be entitled to take over a claim and assume the defence and settlement (in consultation and agreement with the indemnified Party and with due observance of both Parties' interests), and neither Party shall make any admission, file any papers, consent to the entry of any judgment or enter into any compromise or settlement without the prior written consent of the other Party (which shall not unreasonably be withheld, delayed or conditioned).

5.     Waiver of consequential damages etc.

1.      In no event shall any Party be liable to the other Party for any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim or any indirect, special, punitive, incidental or consequential damages or losses whether such damages are (alleged as) a result of a breach of contract, tort or otherwise. All such damages and losses are hereby expressly waived and disclaimed.


12.  TERM, TERMINATION AND SUSPENSION

1.      This Agreement shall be effective upon acceptance of the Accommodation by TravelholaeSuite and shall continue for the term as set out in the Suite Agreement (the 'Initial Term'), unless earlier terminated or extended in accordance with the provisions of this Agreement. Upon expiration of the Initial Term or in the absence of an Initial Term, this Agreement shall be entered into for indefinite period of time. After the Initial Term (if applicable), each Party may terminate this Agreement at any time and for any reason with due observance of a notice period of 14 days, unless indicated otherwise in the Agreement. Unless agreed otherwise by Parties, in the event that Parties have agreed to a Trial Period, this Agreement shall automatically continue upon expiration of the Trial Period for additional terms of 12 months each or the Initial Term (if applicable) (each an 'Additional Term'), unless the Accommodation gives notice of termination at any time during the Trial Period or 14 days before expiration of the relevant Additional Terms, in which event the Agreement shall expire and terminate at the end of the Additional Term.

2.      Each Party may terminate this Agreement or suspend this Agreement in respect of the other Party, with immediate effect and without a notice of default being required in case of:
(a) a material breach by the other Party of any term of this Agreement or any other agreement entered into between the Accommodation and any affiliated group company of TravelholaeSuite, or
(b) (filing of a request for) bankruptcy or suspension of payment (or similar action) in respect of the other Party.

3.      In the event of termination or expiration of this Agreement, the following clauses shall survive termination: 2.5, 5.2, 6, 8, 9.1 and 10 (and such other clauses that by nature survive termination).

4.      In the event of termination or expiration of this Agreement, End User Data will be deleted within 60 days after the termination or expiration date.


13.  CONFIDENTIALITY

1.      Parties understand and agree that in the performance of this Agreement, each Party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the 'Confidential Information'). Confidential Information includes transaction, traffic and usage volume, marketing, financial and business plans, technical, software and operational information and the terms of this Agreement. All Confidential Information shall be treated as private and confidential.

2.      Each Party agrees that: (a) all Confidential Information shall remain the exclusive property and ownership of the disclosing party, and the receiving party shall not use it for any purpose, except in furtherance of this Agreement, (b) it shall use prudent methods to ensure its employees, officers, agents and service providers (the 'Permitted Persons') maintain the security of the Confidential Information, (c) it shall ensure that Permitted Persons do not (i) copy, publish, or divulge the Confidential Information to any third party, or (ii) use or store it in an unprotected retrieval system or database (other than pursuant to the terms hereof), and (d) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other Party.

3.      Notwithstanding the foregoing, (a) Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) was possessed by the receiving party prior to the date of this Agreement, (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, and (b) nothing in this Agreement shall prevent, limit or restrict a Party from disclosing this Agreement (including any general information, or technical, operational, performance and financial data unless otherwise agreed between the parties) in confidence to an affiliated (group) company. The Accommodation explicitly agrees and acknowledges that its (contact) details (including telephone and email address) may be shared with and disclosed to Booking.com B.V. and to any entity or website affiliated to Booking.com B.V. and that they may use these contact details to contact, solicit or entice the custom of the Accommodation.


14.  MISCELLANEOUS

1.      All notices and communications must be in English, in writing, and sent by facsimile, email or nationally recognised overnight air courier to the applicable facsimile number, email address, or address set out in the Agreement.

2.      Each Party shall bear its own costs and expenses in connection with the entering into, execution and performance under this Agreement (including the integration and connection).

3.      Save as set out otherwise in this Agreement, neither party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other party. This Agreement is concluded for the benefit of the Parties and their respective successors and permitted assignees, and nothing herein is intended to or shall implicitly confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement, except to the extent explicitly stated otherwise in this Agreement. To the extent required, the Accommodation agrees and acknowledges that TravelholaeSuite may at all times without prior approval or notice assign, transfer, novate, encumber and set over its claim under the invoices (including invoicing and debt collection) to an affiliated group company of TravelholaeSuite (including Booking.com B.V.) or a debt collecting agency or request an affiliated group company of TravelholaeSuite to invoice and collect the debt for and on behalf of travelholaeSuite.

4.      If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

5.      The original English version of this Agreement may have been translated into other languages. The translated version of the English Terms is a courtesy and office translation only and the Accommodation cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions of this Agreement or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall prevail, apply and be binding and conclusive. The English version shall be used in legal proceedings. The English version shall be sent to you upon written request.

6.      In respect of (or as an award for) the execution, delivery, sealing, registration, filing of, and/or the execution, performance or delivery under or pursuant to, the Agreement, the Accommodation (including its employees, directors, officers, agents or other representatives) shall (i) not directly or indirectly (a) offer, promise or give to any third party (including any governmental official or political party('s official, representative or candidate)), or (b) seek, accept or get promised for itself or for another party, any gift, payment, reward, consideration or benefit of any kind which would or could be construed as bribery or an illegal or corrupt practice, and (ii) comply with all applicable laws governing anti-bribery and corrupt gifts and practices (including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act).

7.      The Agreement may be entered into online or by way of executing a separate counterpart or by pdf or fax copy, each of which (copies) shall be deemed an original, valid and binding. The Agreement only enters into force and effect upon written confirmation of acceptance and approval of the Accommodation by TravelholaeSuite. The Accommodation agrees, acknowledges and accepts the terms and conditions of this Agreement. The Agreement does not need any chop or seal to make it valid, binding and enforceable. Upon first request of the Accommodation, TravelholaeSuite will prepare and forward to the Accommodation the Act of Acceptance once per month in relation to the services rendered during the previous month.


15.  GOVERNING LAW AND JURISDICTION

1.      This Agreement shall be exclusively governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out or in connection with this Agreement shall exclusively be submitted to and dealt with by the competent court in Falmouth, Jamaica.

2.      Parties agree and acknowledge that notwithstanding this Clause, nothing in this Agreement shall prevent or limit TravelholaeSuite in its right to bring or initiate any action or proceeding or seek interim injunctive relief or (specific) performance before or in any competent courts where the Accommodation is established or registered under the laws of the relevant jurisdiction where the Accommodation is established or registered and for this purpose, the Accommodation waives its right to claim any other jurisdiction or applicable law to which it might have a right.


APPENDIX 1

Definitions

'Accommodation Content' means Content that an Accommodation posts, uploads, publishes, submits or transmits to be made available through the Site or Services (including pictures, descriptive information, rates and availability), excluding End User Data, as part of that Accommodation's use of the Services.

'Property Website' means one or more websites or other Accommodation on-line or mobile websites or apps that TravelholaeSuite may design, host, develop or otherwise makes the Services (directly or indirectly) available on.

'TravelholaeSuite Content' means the Site, the Services, and any Content that TravelholaeSuite makes available through the Site or Services, including any Content (sub)licensed by a third party, but excluding Customer Content. For clarity, Content includes any digital marketing Content TravelholaeSuite provides to Customers hereunder, as well as the overall "look and feel" or compilation of any Customer Site that contains or is created using TravelholaeSuite Content.

'Content' means text, graphics, images, music, software, audio, video, information or other works of authorship.

'Data Controller' shall have the meaning as defined under Jamaican Data Protection Laws.

'Data Processor' shall have the meaning as defined under Jamaica Data Protection Laws.

'Data Subject' shall have the meaning as defined under Jamaica Data Protection Laws.

'End User' means any end user or customer of the Accommodation.

'End User Data' means information that we collect from End Users on the Accommodation's behalf and may include Personal Data.

'Instruction' means any documented instruction received by BookingSuite from Accommodation under this Agreement related to the Services.

'Personal Data' shall have the same meaning as defined under European Data Protection Laws.

'Process or Processing' shall have the meaning as defined under applicable Jamaican Data Protection Laws.

'Services' means the services as from time to time rendered or made available by JamaicanSuite under or pursuant to this Agreement (including the Property Website Services, Booking Engine Services and Connected Marketplace

'Site' means any websites or on-line or mobile websites or apps launched, managed, maintained or operated by or on behalf of TravelholaeSuite.

'Term' means the Initial Term, each 12 months period after the Initial Term or an Additional Term.

'Trademark' means any trademark, service mark, trade name, logo, tagline or similar designator of source, origin or affiliation of goods and services.