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This website is provided by BookingEE on an "as is" basis The information on this site is posted in good faith but BookingEE cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on this site.
BookingEE makes no representations or warranties of any kind, express or implied, as to the operation of the site and/or any content, data, materials, information, products or services provided on this site.
BookingEE expressly disclaims any representation or warranty that this website will be error-free, secure or uninterrupted.
To the full extent permissible by applicable law, BookingEE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BookingEE will not be responsible or liable for (a) any damages to or viruses that may infect user's computer equipment or other property as the result of your access to, use of or browsing in this site or downloading of any content, information, materials, data, text, images, video or audio from this site or (b) any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings) that arises out of or is in any way connected with any use of this site.
ModificationBookingEE may modify these Legal Notes, at any time, by posting a notice on this website at least thirty (30) days before any modification becomes effective. Continued use of this site, following the posting of a notice of any modification, will be considered as the acceptance of the modified Legal Notes.
A. The following constitutes the applicable Party’s “Confidential Information”: the signed agreement together with the Schedules attached hereto; any computer software or other technical information, technology, research, design, idea, process, procedure, or improvement, or any portion or phase thereof; information relating to any of the other Party’s current or proposed products, services, methods, businesses or business plans, marketing, pricing, distribution and other business strategies; lists of, or any other information relating to, any of the other Party’s customers, suppliers, dealers, agents or employees and such Party’s relationship therewith; the Material and Documentation and any financial information relating to any of the foregoing.
All disclosures of Confidential Information by one Party to the other are made solely on a confidential basis and as trade secrets. Accordingly, each Party shall maintain the confidentiality of all Confidential Information during the Initial Term and any Renewal Term and at all times thereafter, irrespective of the manner or method in which it is terminated.
B. Each Party shall:
- Not disclose any Confidential Information to any person except to its employees or authorized agents who have a "need to know" to enable the Party to fulfill its obligations hereunder, except with the other Party’s specific prior written authorization;
- Advise each such employee or agent before he or she receives direct or indirect access to such Confidential Information of the obligations of the Party under the signed Agreement, and ensure that each such person to whom Confidential Information is thus disclosed enters or has entered or is otherwise bound by a written confidentiality agreement which extends the Party’s obligations hereunder to such person;
- Take strict precautions, at a minimum those as the Party affords its own most secret or highly confidential information, to safeguard and protect from direct or indirect disclosure to any other person all Confidential Information disclosed to it by the other Party, or otherwise received by it; and
- Immediately return to the other Party or, upon the other Party’s written request destroy, all tangible materials concerning Confidential Information, including, but not limited, to memoranda, notes, reports, agreements, documents, drawings, hardware, disks and tapes, as well as all copies or extracts thereof, whether such material was made or compiled by the receiving Party or furnished by the disclosing Party.
- The foregoing obligations shall not apply to Confidential Information:
- That becomes publicly known through no act of the receiving Party contrary to the signed Agreement;
- That is received in good faith by a Party from a third party having legitimate possession of the information disclosed and the right to make such disclosure;
- That was in the receiving Party’s legitimate possession prior to disclosure hereunder;
- That is approved for disclosure by express written approval of the disclosing Party; or
- That is disclosed pursuant to a legal requirement.
- Disclosure of any information at the request of Courts or Tribunals
- Information referring to economic data or any other kind that must be submitted to the State, local or autonomous authorities due to tax or labor requirements and administrative contracts.
C. Neither Party shall disclose the existence or the contents of the signed Agreement to any third party or use it for publicity purposes without the prior written consent of the other, unless such disclosure is required by law. P&M GROUP has the CLIENT’s consent to use its name in serial listings of P&M GROUP’s CLIENTs. Specific written authorization must be obtained from the CLIENT to use its name for any other purpose.
D. The parties acknowledge that certain personal information of the CLIENT’s employees (and any other persons associated with the CLIENT who will be travelling pursuant to the Services being provided herein) will be collected, held and used by P&M GROUP for the purposes of providing the Services. The CLIENT confirms that it has obtained or will obtain the consent of such employees and persons for the collection, holding and use of such personal information by P&M GROUP for the purpose of enabling P&M GROUP to provide the Services. P&M GROUP shall take all appropriate technical and organizational measures to prevent unauthorized or unlawful processing, unwarranted disclosure, or accidental loss, destruction of, or damage to, such personal information.
E. The CLIENT undertakes to fulfil these confidentiality commitments from the date which the agreement is signed and to continue to do so whether the relationship between the parties is in force or not.
F. Should the CLIENT or any of its employees, agents, suppliers or representatives conceive any invention, innovation, discovery, computer program, process, technique or the like, as a result of observing or having access to the Confidential Information, the CLIENT agrees to assign or to have assigned, said invention, innovation, discovery, computer program, technique or the like, to P&M GROUP.
LIMITATION OF LIABILITY
- P&M GROUP, in providing Services pursuant to the signed Agreement, shall not be responsible or liable for any acts, errors, omissions, delays, missed connections, accidents, losses, injuries, deaths, property damage, or any indirect or consequential damages resulting therefrom, which may be the result of action, inaction, default or insolvency of any airline, hotel, car supplier, other third party goods or service suppliers except in the case of negligence or misconduct by P&M GROUP. P&M GROUP does not give any representation or warranty with respect to any aspect of any third party supplier’s services. In the event of a supplier’s default with respect to all or any part of such supplier’s services, The CLIENT’s sole recourse shall be with the supplier, and shall be subject to said supplier’s own terms and conditions.
- In no event and under no circumstances shall either Party be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss of revenue or loss of profits, for any reason whatsoever arising under the signed Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort, civil liability or otherwise.
- In all events, P&M GROUP’s absolute liability under, or in any way related to the signed Agreement, whether arising out of breach of warranty, breach of condition, breach of contract, tort or otherwise, shall be limited to the US Dollar value of the fees earned by P&M GROUP under the signed Agreement, as provided in Schedule B, attached hereto.
- P&M Group Shall not be liable for the behavior of its final consumers in the event of abnormal behavior, vandalism or misconduct. In this case, P&M GROUP and/or the service supplier reserve the right to automatically cancel final consumer stay or reservations with no right of the final consumer to any compensation whatsoever.
- P&M Group Shall not be held liable for any issues arising in anyways in connection with any breach of the signed agreement or it's schedules by or on behalf of the CLIENT (whether or not the signed Agreement has been terminated).
- Notwithstanding the above P&M GROUP’s entire liability under the signed Agreement, whether in contract, tort (including breach of statutory duty), or otherwise shall not exceed the sums paid by the CLIENT to P&M GROUP for the specific services in question.
- Neither party shall be liable for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
- All complaints relating to Travel Inventory shall be reported to the service supplier (i.e., hotel, rental car company, etc.) during use of service whenever possible. P&M GROUP shall not be liable for any issue that could have been resolved during the Consumer’s use of Travel Inventory if the service supplier had been put on notice of the issue by Consumer and/or CLIENT.
- Issues that are not resolved during use of service may be sent by an email to the Sales team, logging of complaints must occur within fifteen (15) days of the actual or planned use of travel. CLIENT acknowledges that complaints made after the use of Travel Inventory may have limited or no resolution.
- CLIENT acknowledges that hotels undergo renovation from time to time. If a hotel is undergoing renovations while a guest is resident in the hotel, Consumer and CLIENT are not entitled to a refund. P&M GROUP will use reasonable efforts to inform CLIENT of any renovation work, provided that P&M GROUP is specifically advised of said renovation work with sufficient advance notice. P&M GROUP shall not be financially liable for complaints relating to renovations that extend beyond the date originally advised by P&M GROUP.
- Service suppliers (such as Hotels, Transfer Providers, Airlines) on this site are independent businesses and are not agents or employees of P&M GROUP or its affiliates. These independent businesses provide the services in accordance with their own Terms and Conditions which may limit or exclude their liability to the CLIENT or the final consumer. P&M GROUP and its affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid.
- The information on this platform is posted in good faith but P&M GROUP cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on this platform. Information on the various services is as accurate as possible given that the information is provided by the service supplier.
- In no event shall P&M GROUP be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, the use of this Platform and/or XML Integration or any information contained in it or the inability to access to, including loss of profit and the like.
- To the maximum extent permitted by law, P&M GROUP disclaims all implied warranties with regard to the information, services and materials contained on this XML Integration. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
- P&M GROUP shall not be held liable for any alteration, loss, mishandling and/or unauthorized access to the personal data under PDPR, done by P&M GROUP’s Suppliers, Service Providers or the CLIENT.