Legal Notice
Date: 4 November 2024
Introduction
In this Legal Notice for the use of the Website (“Legal Notice”), “Minor Hotels”, “we”, “our” or “us” collectively means:
(a) Minor Hotel Group Limited (Minor Hotel Group), company with its headquarters located at 88 The Parq Building, 12th Fl., Ratchadaphisek Road, Klongtoey Subdistrict, Klongtoey District, Bangkok Metropolis 10110, Thailand, and tax identification number 100372000223;
(b) Minor Hotels Europe and Americas S.A., (Minor Hotels Europe & Americas), company with its corporate headquarters at C/Santa Engracia 120, 7ª, 28003, Madrid, Spain and tax identification number: A-28027944;
(c) Minor Hotels Australasia Ltd (Minor Australasia), company with its corporate headquarters at PO Box 473, Cotton Tree, QLD 4558, Australia and tax identification number: ACN: 113 972 366 ABN: 70 113 972 366; and
(d) “You” and “User” any individual or entity making a booking at our Hotels (directly or indirectly, through other means).
Minor Hotels, its subsidiaries and related entities, provide various accommodation services to visitors located throughout the world. We operate a number of websites and apps to take, manage and accept bookings hotels owned, operated, franchised or managed by us (Websites). This Legal Notice applies to the use of the Websites. By using any Website, Users agree to be bound by this Legal Notice unless we agree otherwise.
As we operate in many countries, the legal terms that apply to Website use may vary from country to country. If that is the case, we have indicated those changes below.
In addition to Legal Notice, the use of a Website is governed by all other notices, regulations, and instructions provided to the User by us through any means, which may supplement, complete, and/or modify this Legal Notice.
Website Use
1. Eligibility
Our Websites are intended for use by individuals who are of legal age and can enter into binding contracts as per applicable law. In any case, the User shall comply with any specific conditions that may be applicable for the purpose of determining what this legal age is or, where applicable, legal aged will be applied by the capacity of the User to use the Website and to book hotels.
By using our Websites, you confirm that you:
(a) have the legal capacity to use our Websites for their intended use and to make hotel reservations for yourself; or
(b) you are legally authorized to make the reservations and purchases for another person.
Where you make a purchase for another person, you will remain responsible for ensuring that the information contained in Legal Notice has been transmitted to and accepted by the third party.
To the greatest extent permitted by law, you agree to be financially responsible for your activities on our Websites.
2. User Responsibilities
You agree not to use our Websites for any illegal, fraudulent, or unauthorized purposes, and will not engage in any conduct that disrupts the normal operation of our Websites or affects the experience of other users of our Websites. You warrant that you will use our Websites in this manner.
You also agree and warrant that you will not contravene this Legal Notice. Your use of the Websites is your sole and exclusive responsibility and, to the greatest extent permitted by law, we will not accept any responsibly or liability for your use including, without limitation any damages or injury caused to you or third parties by any use in contravention of Legal Notice for the use of the Website . This responsibility includes the use by the User or any third party of any passwords or similar codes assigned for accessing our Websites, if any, or any of its services.
Without limiting the foregoing, we reserve the right to refuse, without prior notice and at any time, access to the Websites to Users who breach these terms or any breach of law, morals or public order.
Our exclusion of Users does not constitute any waiver by us of any right to conduct any appropriate legal action or compensation to which we may be entitled.
The User must not do any of the following regarding the content on the Website (including texts, images, sound files, photos, designs, logos or other intellectual property) (Content) without our prior consent in writing or is permitted by law:
(a) Reproduce the Content;
(b) Copy the Content;
(c) Disseminate or distribute the Content;
(d) Transform or modify the Content;
(e) Use the Content for commercial or advertising purposes;
(f) To bring us into disrepute.
Users are not permitted to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents on the Websites, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Websites.
You also warrant that all information provided by you when using the Website is true and accurate.
3. Monitoring
You agree that you will not use any device, software (or similar) to interfere or attempt to interfere with the proper working of the Websites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our Website infrastructure.
In particular, without limitation, it is forbidden to:
- Use the Websites in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
- Use the Websites for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files, or any action carried out through the same has this result;
- Use the Websites in an illegal way, against good faith, morality and public order or against the contractual spirit of this Legal Notice and the usual activity that we provide through it;
- Use the Websites in any way that poses a risk to the security of our networks or other users or promotes or allows hacking in any form;
- Breach, or attempt to breach, the security measures of the website or any network connected to the website, or the security or protection measures inherent in the content offered on the website;
- Take any action that causes disproportionate or unnecessary strain on the infrastructure of the website or any systems or networks connected to the website or any systems or networks connected to the website or any systems and networks connected to the Websites;
- Violate the security measures established by Minor Hotels on the Websites;
- Decrypt, decompile, disassemble or reverse engineer any of the software comprising or otherwise making up or forming part of the Websites; or
- Impede the normal development of any activity, in a broad sense, whether for profit or not, that we carry out on the website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of the same, or by falsifying the result of the same or using fraudulent participation methods, by any procedure, or through any practice that violates or infringes this Legal Notice.
You agree that we have no obligation to but may monitor and review the information you transmit over the Websites.
4. Content and Accuracy
We make every effort to provide accurate and up-to-date information regarding hotels, prices, and availability of hotels on our Websites. However, we do not guarantee the accuracy or completeness of the content on our Websites.
The materials published on the Websites are for reference only, and, to the greatest extent permitted by law, we do not accept liability for the accuracy, completeness or quality of the information and materials provided on the Websites, unless the mistake occurred intentionally by us or through our gross negligence. In particular, and without limitation, this refers to any loss, additional costs or damage of any kind suffered as a result of any use of any information and materials on the Websites.
5. Disclaimers
The content, services and materials on the Websites is provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied. We make no representation or warranty that your use of the Websites will be uninterrupted, timely, or free from error.
Accordingly, to the greatest extent permitted by law, we do not warrant and shall not be liable for:
(a) the contents of the Website;
(b) the existence of errors on the Website;
(c) the existence of viruses or other harmful components on the Websites or on the server that hosts the Website;
(d) the vulnerability of the Websites or the possibility of breaching the security measures;
(e) the lack of usefulness or performance of the contents of the Websites; and
(f) the damages or losses caused to any User (or consequential losses associated with that damage or loss).
We confirm that we have taken all necessary and reasonable measures to ensure the functioning of the Website and to minimize system errors, both from a technical point of view and in terms of the content published on the Website.
6. Limitation of Liability
Notwithstanding anything contained in Legal Notice to the contrary and to the extent permitted by law and any warranty or guarantee provided under the applicable consumer laws (which cannot be excluded, restricted or modified), we shall not be responsible for indirect damage, damage arising from consequential damage or special circumstances, including but not limited to loss of revenue, loss of profit, loss of use, loss of opportunity, or out of the performance or non-performance of obligations under Legal Notice or as otherwise implied by law.
Nothing contained in Legal Notice excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the applicable consumer laws or under any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:
(a) In the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) In the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
7. Links to Third Parties
We do not control any third-party website (Linked Website) and, therefore are not responsible for the content of any Linked Website or any link contained in a Linked Website. We will provide such links only as a convenience to you.
In the event that the Websites displays links to other Linked Websites through different buttons, links, banners or embedded content, we inform you that these are directly managed by third parties, and that we lack the human and technical means to know in advance or control or approve all the information, content, products or services provided by other platforms to which links may be established from the Websites.
We assume no responsibility for any aspect or content of the platform or web page on a Linked Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links or any of its content. In this regard, if the User has actual knowledge that the activities carried out through any Linked Websites are illegal or contravene morality or public order, they must immediately notify us so that the link to access the Linked Website can be disabled.
The establishment of any type of link from the Website to a Linked Website shall not imply that there is any type of relationship, collaboration or dependence between us and the person responsible for the Linked Website.
8. Privacy, Data Security and Confidentiality
We take your privacy seriously, to learn more about how we handle your personal information, please review our Privacy Policy.
We are the sole owner of confidential information and trade secrets relating to our products and activities. The obligation of confidentiality extends to all confidential information and processes, documents, business, customers, operations, facilities, accounts, finances, transactions, “know how”, or any other aspect related to the activity of Minor Hotels, with the collaboration, and any other that has come to their knowledge on the occasion of access, navigation or use of the Websites or with the formalization of Legal Notice for the use of the Website (“Confidential Information”). Likewise, they undertake not to communicate this Confidential Information to any other person or entity, and may not reproduce, use, sell, license, exhibit, publish or disclose it in any way without our prior and express authorization.
The User acknowledges and agrees that such Confidential Information shall at all times remain our property and that, to the extent that the User is granted access to use the Confidential Information, such access shall be limited to compliance with and enforcement of Legal Notice.
Without our prior written consent and unless authorized to do so by any express term of this legal Notice, the User may not transmit or disclose Confidential Information to any third party.
9. Intellectual Property
All content, trademarks, and intellectual property displayed on the Websites are owned or licensed by us. You are not permitted to copy, reproduce, amend, publicly communicate, transform or distribute, by any means and under any form, all or part of the materials included on the Website, without our consent in writing. We consider our trademarks and intellectual property to be valuable assets and take any infringements very seriously.
Under no circumstances will browsing and use of the Websites by the User imply a waiver, transmission, licence or total or partial transfer of any of our intellectual property rights.
10. Updates
We may revise Legal Notice from time to time by updating this web page. The revised terms will take effect when they are posted.
11. Severability
If any part of Legal Notice should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the Legal Notice. The remaining terms and conditions will continue to be valid and enforceable.
12. No waiver
Failure to insist upon or enforce strict performance of any of Legal Notice shall not constitute a waiver thereof.
13. Governing Law and jurisdiction
This Legal Notice shall be governed by, construed and enforced in accordance with the laws of Spain, without regard to its conflicts of law rules.
The exclusive jurisdiction for any dispute may be filed in the courts located in Madrid, Spain. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction (provided this cannot be excluded by contract, or another law).
Australia Terms & Conditions
The following sections below contain specific terms and conditions applicable to Users lawfully resident in Australia or New Zealand or accessing any content specifically owned or managed by Minor Australasia (and are in addition to, and override, the other terms and conditions set out on this page).
14. Australian Consumer Law
Nothing contained in Legal Notice excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or under any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to:
- In the case of services, supplying the services again or payment of the cost of having the services supplied again; and
- In the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Nothing contained in Legal Notice is intended to exclude, restrict or modify any warranty or guarantee provided under the Australian Consumer Law (which cannot be excluded, restricted or modified).
For more information on the Australian Consumer Law and your rights, see: https://consumer.gov.au/australian-consumer-law/legislation.
15. Governing Law and jurisdiction
Where a User is lawfully resident in Australia or New Zealand or accesses content specifically owned or managed by Minor Australasia, Legal Notice shall be governed by, construed and enforced in accordance with the laws of Australia (for Australian Users and content) unless we otherwise agree.
The exclusive jurisdiction for any dispute may be filed in the courts located in Queensland, Australia. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction (provided that this cannot be excluded by contract or another law).