RESELIVA TERMS OF SERVICE
The following definitions will be used in this document.
Reseliva: Reseliva Online Programme, a description of which, as generally offered by Nivera Bilgi Teknolojileri Turizm San. Ve Tic. Ltd. Sti., is available on our websites: http://www.reseliva.net and http://www.reseliva.com
Parties: Reseliva and You
Property: The property that uses Reseliva to offer some of its services online
Booking Engine: Web-based module accessible by a dedicated URL, or content providing websites run by Reseliva or other content providers arranged by agreement with Reseliva, or links and calendar control boxes installed on the website of the Property, where customers of the Property can use services provided by the Property through Reseliva, including but not limited to viewing the Property's room, reservation, availability, price and rate information, and to booking rooms, by logging in when necessary.
Bookers: All customers, including agencies and companies, who book at the Property by using the Property’s Booking Engine.
1. Your relationship with Reseliva
1.1 Your use of Reseliva’s software, services and (referred to collectively as the “Services” in this document and excluding any services provided to you by Reseliva under a separate written agreement) is subject to the terms of a legal agreement between you and Reseliva. “Reseliva” means software of Nivera Bilgi Teknolojileri Turizm San. ve Tic. Ltd. Sti, whose principal place of business is at Tophane, Bogazkesen Cad. 23/1 Beyoğlu Istanbul, Turkey. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Reseliva, your agreement with Reseliva will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Reseliva will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Reseliva in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
Reseliva provides web-based software solutions, the details of which are available on http://www.reseliva.com and http://www.reseliva.net websites, which are accessible by various means as described in the aforementioned definitions of the Booking Engine and Property Admin Module. These web-based software solutions allow the Property to offer some of its services online to its customers.
In this context, Reseliva provides interfaces to you, through which you can view the services offered by Properties using Reseliva. Whenever necessary, you will be able to log in to these interfaces using your personal login information that Reseliva provides to you.
All transactions carried out via the Reseliva interface are strictly between You and the Property. Reseliva does not act as an intermediary in any way for any service of the Property.
Reseliva cannot be held liable for the accuracy, completeness or authenticity of any content including but not limited to Property definitions, availability, price and room information provided by the Property through Reseliva, or any commitment made by the Property to its customers through Reseliva. According to the agreement between Reseliva and the Property, the validity and sufficiency of this content and the commitments made by the Property, are solely the responsibility of the Property. In addition, the responsibility of all transactions carried out between You and the Property through Reseliva is borne by You and the Property.
By making a reservation with a Property, you accept and agree to the relevant cancellation and no-show policy of that Property, and to any additional (delivery) terms and conditions of the Property that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Property. Cancellation and no-show policies of each Property is made available on the Booking Engine during the reservation procedure and in the confirmation email. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Reseliva has no responsibility of your choices.
3. Accepting the Terms
3.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
3.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Reseliva in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Reseliva will treat your use of the Services as acceptance of the Terms from that point onwards.
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Reseliva, or (b) you are a person barred from receiving the Services under the laws of the Republic of Turkey or other countries including the country in which you are resident or from which you use the Services.
3.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
4. Language of the Terms
4.1 Where Reseliva has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Reseliva.
4.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
5. Provision of the Services by Reseliva
5.1 Reseliva may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Reseliva itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
5.2 Reseliva is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Reseliva provides may change from time to time without prior notice to you.
5.3 As part of this continuing innovation, you acknowledge and agree that Reseliva may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Reseliva’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Reseliva when you stop using the Services.
5.4 You acknowledge and agree that if Reseliva disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5.5 You acknowledge and agree that while Reseliva may not currently have set a fixed upper limit on the use of Services such fixed upper limits may be set by Reseliva at any time, at Reseliva’s discretion.
6. Use of the Services by you
6.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Reseliva will always be accurate, correct and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of Turkey or other relevant countries).
6.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Reseliva, unless you have been specifically allowed to do so in a separate agreement with Reseliva. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6.5 Unless you have been specifically permitted to do so in a separate agreement with Reseliva, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.6 You agree that you are solely responsible for (and that Reseliva has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Reseliva may suffer) of any such breach.
7. Your passwords and account security
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.2 Accordingly, you agree that you will be solely responsible to Reseliva for all activities that occur under your account.
7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Reseliva immediately at firstname.lastname@example.org
8. Information Security
9. Privacy and your personal information
We may use third-party service providers to process your personal information on our behalf for the purposes specified above. For example, we may share some information about you with these third parties so that they can contact you directly by email (for example: to obtain post stay reviews about your travel experience).
10. Content in the Services
10.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
10.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Reseliva (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Reseliva or by the owners of that Content, in a separate agreement.
10.3 Reseliva reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service
10.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
10.5 You agree that you are solely responsible for (and that Reseliva has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Reseliva may suffer) by doing so.
11. Content Provided by the Property
Reseliva does not check the information that is provided by the Property for its customers through the Property Admin Panel, including but not limited to Property definitions, prices and availability, and does not guarantee the accuracy, completeness or authenticity of this information. Reseliva is not responsible in any way for any harm or loss caused by the inaccuracy, incompleteness or misrepresentation of content or information provided by the Property. The Property bears the whole responsibility for the information provided and the commitments made by the Property to bookers during the booking process on Reseliva, and will be liable for any harm or loss that might be caused by this information or commitments.
12. Proprietary rights
12.1 You acknowledge and agree that Reseliva (or Reseliva’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Reseliva and that you shall not disclose such information without Reseliva’s prior written consent.
12.2 Unless you have agreed otherwise in writing with Reseliva, nothing in the Terms gives you a right to use any of Reseliva's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
12.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
12.4 Unless you have been expressly authorized to do so in writing by Reseliva, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
13. License from Reseliva
13.1 Reseliva gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Reseliva as part of the Services as provided to you by Reseliva (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Reseliva, in the manner permitted by the Terms.
13.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Reseliva, in writing.
13.3 Unless Reseliva has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
14. Content license from you
14.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Reseliva a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Reseliva to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
14.2 You agree that this license includes a right for Reseliva to make such Content available to other companies, organizations or individuals with whom Reseliva has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
14.3 You understand that Reseliva, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Reseliva to take these actions.
14.4 You confirm and warrant to Reseliva that you have all the rights, power and authority necessary to grant the above license.
15. Software updates
15.1 The Software which you use may be automatically updated from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Reseliva to deliver these to you) and permit Reseliva to carry out these updates as part of your use of the Services.
16. Termination and Modifications of the Contract
16.1 The Terms will continue to apply until terminated by either you or Reseliva as set out below.
16.2 If you want to terminate your legal agreement with Reseliva, you may do so by (a) notifying Reseliva at any time and (b) closing your accounts for all of the Services which you use, where Reseliva has made this option available to you. Your notice should be sent, in writing, to Reseliva’s address which is set out at the beginning of these Terms.
16.3 Reseliva may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Reseliva is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Reseliva offered the Services to you has terminated its relationship with Reseliva or ceased to offer the Services to you; or
(D) Reseliva is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Reseliva is, in Reseliva’s opinion, no longer commercially viable.
17. Exclusion of warranties
17.1 In particular, Reseliva, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) Your use of the services will meet your requirements,
(b) Your use of the services will be uninterrupted, timely, secure or free from error,
(c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
17.2 No advice or information, whether oral or written, obtained by you from Reseliva or through or from the services shall create any warranty not expressly stated in the terms.
17.3 Reseliva further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
18. Limitation of liability
18.1 Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that Reseliva, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any changes which Reseliva may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(ii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) Your failure to provide Reseliva with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
18.2 The limitations on Reseliva’s liability to you in paragraph 15.1 above shall apply whether or not Reseliva has been advised of or should have been aware of the possibility of any such losses arising.
19. Copyright and trade mark policies
19.1 It is Reseliva’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
20.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions.
20.2 The manner, mode and extent of advertising by Reseliva on the Services are subject to change without specific notice to you.
20.3 In consideration for Reseliva granting you access to and use of the Services, you agree that Reseliva may place such advertising on the Services.
21. Other content
21.1 The Services may include hyperlinks to other web sites or content or resources. Reseliva may have no control over any web sites or resources which are provided by companies or persons other than Reseliva.
21.2 You acknowledge and agree that Reseliva is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
21.3 You acknowledge and agree that Reseliva is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
22. Changes to the Terms
22.1 Reseliva may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Reseliva will make a new copy of the Universal Terms available at http://www.reseliva.com/siteBase/misc/terms/guest_agreement_en.htm and any new Additional Terms will be made available to you from within, or through, the affected Services.
22.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Reseliva will treat your use as acceptance of the updated Universal Terms or Additional Terms.
23. General legal terms
23.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
23.2 The Terms constitute the whole legal agreement between you and Reseliva and govern your use of the Services (but excluding any services which Reseliva may provide to you under a separate written agreement), and completely replace any prior agreements between you and Reseliva in relation to the Services.
23.3 You agree that Reseliva may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.4 You agree that if Reseliva does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Reseliva has the benefit of under any applicable law), this will not be taken to be a formal waiver of Reseliva’s rights and that those rights or remedies will still be available to Reseliva.
23.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6 The Terms, and your relationship with Reseliva under the Terms, shall be governed by the laws of the Republic of Turkey without regard to its conflict of laws provisions. You and Reseliva agree to submit to the exclusive jurisdiction of the courts located within the Republic of Turkey to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Reseliva shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
24. Further correspondence
By completing a booking, you agree to receive (i) an email from the Property reminding you of your booking, and (ii) an email which we may send to you promptly after your stay at the hotel inviting you to complete our guest review form. The completed guest review may be uploaded onto the relevant hotel’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the hotel. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.