Agreement Between You and toiran.com
Thank you for visiting the toiran.com website. Please read these terms and conditions carefully before you start to use our website. By accessing and using this website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the ‘Agreement’). If you do not agree to these terms and conditions, please refrain from using our website and exit immediately.
Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
toiran.com is a Dubai corporation established in 2014. The website is owned and operated by toiran, whose address is at PO Box 71028, Dubai, United Arab Emirates.
Our Agreement with You:
1-Modification of Terms
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our accommodation suppliers as a result of this Agreement or your use of our website. We may change these terms and conditions at any time without advance notice. All changed terms will become effective once posted to the website, and will not have any retrospective effect on existing contractual arrangements made through this website. Your continued use of this website after any change means you have accepted the modified terms and conditions. Reservation procedures are included in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change.
2- Credit Card or Bank Transfer
If applicable and available, certain accommodation providers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the accommodation provider during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to our bank account via a third party payment processor.
toiran.com reserves the right to confirm hotel reservation and to notify the guest within 24hrs after booking takes place. Prior to completion of booking, toiran.com (Touran General Trading) will only authorize your card and you will only be charged once booking is complete.
For certain (non-refundable) rates or special offers, please note that accommodation providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (without any option for refund) upon making the reservation. Please check the room details.
3. Your Acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, and any additional terms and conditions of any accomodation provider that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any money paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
By using our services you agree to a %10 difference in room rates than what is offered by the hotel, this difference is because of credit card charges and service fees.
4- Cancellations, No-Shows, Early Departure and Late Check-Out
By making a reservation with toiran.com, you accept and agree to the relevant cancellation and no-show policy of the accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our website on the accommodation providers’ information pages.
Modification of reservation may be considered the cancelation of a prior reservation. Please note that changing a reservation is subject to the delivery terms and conditions of an accommodation provider and you may not be able to modify your reservation or receive a refund.
Please note that you may be charged for your cancellation in accordance with the accommodation provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
Regardless of the hotel’s cancellation policy, toiran.com reserves the right to charge a cancellation fee; this will be indicated on the website. Please carefully check the hotel details for any such conditions prior to making your reservation. Some hotels will charge extra for early or late check-outs. If you fail to check in to your hotel on time on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund.
5- Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
6- Passport, Visa and Immigration Requirements
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the embassy and/or consulate. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
7- Insurance
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
8- Ranking and Guest Reviews
The default setting of the ranking of accommodation on our website is ‘Recommended’ (or any similar wording) (the “Default Ranking”).toiran.com website automatically generates ranking based on your reviews and has no responsibility towards any claims made by guests. toiran.com reserves the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey.
9- Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
10. Indemnification
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
11. Privacy Policy
You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us in accordance with the terms of and for the purposes set forth in our privacy policy. You represent that you have read and agree to the terms of our privacy policy, which can be found at our website.
12. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the accommodation you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the accommodation is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. toiran.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.
Some of the pictures used for rooms may not be exactly identical with the room itself, for example as the room might have been renovated and the accommodation provider might not given us the updated hotel information. Please note that toiran.com is not liable for any such issues.
13. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website is owned by toiran.com , its suppliers or providers.
toiran.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the reviews and cultural content) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to toiran.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right) and legal action will be taken accordingly.
14. Miscellaneous
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.
This Agreement shall be governed by the laws of England and Wales without regard to its conflicts of laws principles. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability of the remaining provisions will not in any way be affected or impaired.
