When you register on the www.dingadeal.com (co.uk/.ie) website (the "Website") as a group organiser who acts on behalf of the Group (defined below) in order to make a Hotel Booking (defined below) ("Group Organiser", "you", "your", "yours"), you accept the following terms and conditions for use of the Website by Group Organisers (the "Group Organiser Terms"). These Group Organiser Terms set out your rights and obligations and those of Hazel Lodge Web Solutions Limited ("Dingadeal.com", "us", "our", "we") in relation to the Dingadeal.com Services (defined below) offered by us through the Website. Before you click on the "Accept Offer" button to confirm that you are accepting a Bid (defined below), please carefully read these Group Organiser Terms, our Website Terms & Conditions of Use and our Privacy Statement. By registering as a Group Organiser on the Website you are consenting (and confirming that your Group is consenting) to be bound by these Group Organiser Terms and our Privacy Statement. If you do not agree to these Group Organiser Terms or the Privacy Statement please refrain from registering on the Website or availing of the Dingadeal.com Services.
In these Group Organiser Terms the following terms shall have the meanings set out
"Account", an account held by you on the Website;
"Bid", the bid made by a Hotel via the Website for a Hotel Booking which sets out the basis on which the Hotel is willing to accept the Hotel Booking proposal for your Group;
"Dashboard", the section of the Website that contains various functionalities required for the provision of the Dingadeal.com Services;
"Dingadeal.com Services", the services provided by us through the Website;
"Hotel Booking", a booking made by you with a Hotel using the Dingadeal.com Services;
"Group", all persons who avail of a Hotel Booking organised by you, the Group Organiser, acting on their behalf;
"Hotel", a hotel that registers on the Website to provide accommodation to Groups;
"Proposal Period", if the Hotel Booking proposal is submitted by the Group Organiser Monday through Thursday, 24 hours; if the Hotel Booking proposal is submitted by the Group Organiser on a Friday, 72 hours; if the Hotel Booking proposal is submitted by the Group Organiser on a Sunday, 48 hours, unless otherwise specified.
"User"; any user of the Website including Hotels and Group Organisers.
3. Information about Us
Dingadeal.com is run by Hazel Lodge Web Solutions Limited which is an Irish private company registered under company number 497957 with its registered address at Tom Crean Business Centre, Kerry Technology Park, Tralee, Co. Kerry, Ireland. Our VAT number is 9785496S.
4. Provision of the Dingadeal.com Services to Groups/Group Organisers
The following sets out the key steps involved in a Group Organiser making a Hotel Booking using the Website:
4.1 The Group Organiser goes to the Website homepage and enters details regarding
the Hotel Booking including:
4.1.2 check-in date;
4.1.3 check-out date; and
4.1.4 number of Group members.
4.2 The Group Organiser refines his/her search on the filtering page of the Website
by entering further details regarding the Hotel Booking including:
4.2.1 number of adults;
4.2.2 number of children;
4.2.3 type of room(s) required;
4.2.4 hotel ranking required; and
4.2.5 required distance from specified locations and/or amenities;
4.3 The Group Organiser submits his/her Hotel Booking proposal to the Hotels which were the result of his/her refined search by clicking the "Contact all [#] hotels" button.
4.4 The Group Organiser will be invited to login to his or her Account or register for an Account if he or she has not already done so.
4.5 Confirmation that the Group Organiser's Hotel Booking proposal has been sent to the relevant Hotels will appear on a confirmation page on the Website.
4.6 An email will be sent by us to all the relevant Hotels informing them that a Group Organiser has requested a quote for a Hotel Booking and the Proposal Period begins.
4.7 The Group Organiser can view the Bids submitted by Hotels on the Dashboard;
4.8 Once the Proposal Period is complete, the Group Organiser has 24 hours to accept a Bid from one of the Hotels. The Bids may be withdrawn or amended by the Hotels after the 24 hour period has elapsed.
4.9 The Group Organiser clicks the "Accept Offer" button to accept the Bid.
4.10 The Group Organiser is sent an email detailing the Hotel's contact details and the Hotel receives notification of the Group Organiser's acceptance of its Bid.
4.11 As we do not take a deposit from you, the Hotel Booking is not yet confirmed. To complete the Hotel Booking, the Group Organiser must immediately contact the Hotel directly in order to secure the Hotel Booking for the Group.
5. Contracting Parties
5.1 When we provide Dingadeal.com Services in respect of Hotel Bookings, we only act on behalf of the Hotels which means we do not set prices or determine dates, venues or any other matters related to the Hotel Booking. You and the Hotel are the only parties to the contract regarding the Hotel Booking. We act as a mere facilitator for the Hotel. We therefore accept no liability for any matter related to a Hotel Booking. All information regarding the details of Hotel Bookings should be obtained directly by you.
5.2 The Hotel's own general terms and conditions apply to the relationship between you and the Hotel. We will not be a party to such agreement nor have we any influence upon it. It is your duty to inform yourself about possible terms and conditions of the Hotel before entering into any contract with the Hotel.
5.3 You agree that you will not hold us responsible and we accept no liability for your or other Users' (including the Hotel's), actions, inactions or offline conduct. We accept no liability for any matter related to a Hotel Booking and we have no control over and do not guarantee the quality, safety or legality of Hotel Bookings or the truth or accuracy of information provided by Users.
6. Hotel Booking Information
It is your responsibility to provide accurate and up-to-date information in relation to a Hotel Bookings and the Group. It is a breach of these Group Organiser Terms to provide inaccurate or false information in relation to Groups or Hotel Bookings if you fail to comply with this section 6, we may, at our sole discretion, take whatever action we deem appropriate, including, but not limited to, suspension of your Account.
7. Contract Formation
7.1 By clicking the "Accept Offer" button on the Website to confirm that you want to make a Hotel Booking, you will be making a direct commitment to the Hotel regarding the making of the Hotel Booking. We merely act as a facilitator to and for and on behalf of the Hotel in relation to the Hotel Booking. We are not responsible for ensuring that the Hotel Booking is confirmed or finalised by Users and/or Hotels.
7.2 Information about Hotel Bookings, including timing, venue, amount of available accommodation, prices and possible payment methods is subject to guidelines and information issued by the Hotel. We have no influence on such guidelines and information and accordingly have no liability in respect of it.
7.3 We are not responsible for ensuring that the Hotel Booking is confirmed or finalised by Users.
7.4 We are not responsible or liable for the non-delivery of emails or other communications from us or for failures in the payment collection or rooming list functionality on the Dashboard which are caused by technical matters beyond our control.
8. No Charge To Group Organisers
We do not charge any fees to Groups or Group Organisers. If you make a Hotel Booking through the Website you will be making a direct commitment to the relevant Hotel regarding the Hotel Booking. We merely act as a facilitator to and for and on behalf of the Hotel and accordingly we do not process payments for Hotel Bookings. Hotel Booking cancellation and deposit requirements are also decided by the Hotel. It is your responsibility to inform yourself about any possible terms and conditions of the Hotel before entering into any contract with the Hotel.
9. Refund of Hotel Booking Payments
If a Hotel Booking is cancelled or postponed your rights to claim a refund of the Hotel Booking price shall be subject to applicable law and to your contract with the Hotel.
10. Reimbursement Scheme
10.1 The Group Organiser will receive a reimbursement of 4% of the total value of the Hotel Booking if the he/she carries out the following actions in full:
10.1.1 accepts a Bid from a Hotel;
10.1.2 uses the Hotel Booking at the Hotel;
10.1.3 completes payment for the Hotel Booking;
10.1.4 requests and receives a unique reference code from the Hotel ("Reference Code");
10.1.5 logs onto the Dashboard section of the Website after the Group's stay at the Hotel and inputs the Reference Code; and
10.1.6 provides feedback on the feedback section of the Website which has been activated by the input of the Reference Code.
10.2 Once the feedback has been submitted on the Website by the Group Organiser, we will send him/her an email to confirm that a payment of 4% of the total value of the Hotel Booking will be made to him/her within 21 days of the end of the current quarter.
11. Non-resident Group Organisers
Neither we nor the Hotels are in a position to extend official letters of invitation or to accept responsibility for Group travel for Hotel Bookings. We recommend that if you or the Group require a visa or other travel papers to avail of a Hotel Booking, you or the Group (as appropriate) should contact the relevant authorities in the country where the Hotel is located or the nearest relevant embassy or consular office in your or the Group's (as appropriate) country of residence.
12. Accessing The Website
12.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Dingadeal.com Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
12.2 From time to time, we may restrict access to some parts of the Website, or to the entire Website, to Users.
12.3 If you choose, or you are provided with, a User identification code, password or any other piece of information as part of our security procedures ("Security Code"), you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any Security Code, whether chosen by you or allocated by us, at any time at our sole discretion or, if in our opinion you have failed to comply with any of the provisions of these Group Organiser Terms.
12.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that no other persons access the Website using your Security Code, however you are responsible for all acts deeds and omissions when your Security Code is used in connection with the Website.
13. Use of Website & Reliance On Information
13.1 We merely provide you with an electronic platform to facilitate communication with other Users, and only provide those technical applications that facilitate communication amongst Users. As regards content, Dingadeal.com does not take part in and disclaims all liability arising from communications amongst Users. In particular, use of the Dashboard functionality for payment collection or rooming list organisation is solely a matter for the Group Organiser and the Group and we disclaim all liability and responsibility arising from such use.
13.2 We do not make any warranties or representations regarding any data and/or information provided or made available by you or any other User on the Website (including positive or negative feedback in relation to Hotels) or on any external website linked to it. In particular, we do not warrant or represent that such data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
13.3 If you enter into agreements with other Users through the Website, we shall not be a contracting party to such agreements. You alone together with other contracting Users are responsible for the execution and/or fulfilment of agreements that you enter. We shall not be liable in the event that you are unable to contact other Users through the Website. We shall not be liable for breaches of any agreements entered into between you and other Users, including the cancellation of Hotel Bookings.
13.4 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
14.1 You warrant that all of the information provided and used in connection with your registration is accurate and does not interfere with the rights of any third parties.
14.2 You must be at least 18 years old to register an Account as a Group Organiser.
14.3 Each registration is for a single User only. We do not permit you to share your username and/or Security Code with any other person nor with multiple users on a network.
14.4 It is impossible for us to determine with any degree of certainty whether any User is in fact the person he or she represents to be. Accordingly, we accept no liability for the actual identity of any User. You are solely responsible for verifying the actual identity of other Users.
14.5 If there has been unauthorised access to your Account or other security breach, please notify us immediately at firstname.lastname@example.org.
15. Changes to the Dingadeal.com Services
We may, at our sole discretion, alter the scope of the Dingadeal.com Services and the Group Organiser Terms from time to time. You will be subject to the policies and Group Organiser Terms in force at the time that you use Dingadeal.com Services, unless any change to those policies or these Group Organiser Terms is required to be made by law or governmental authority.
16. Our Liability – YOUR ATTENTION IS DRAWN TO THIS CONDITION
16.1 The material displayed on the Website is provided "as is" and without any guarantees, conditions or warranties as to its accuracy.
16.2 To the extent permitted by law, we, other members of our group of companies
and third parties connected to us hereby expressly exclude:
16.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
16.2.2 any liability for any direct, special, indirect or consequential loss or damage incurred by any Group Organiser in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any Website linked to it and any materials posted on it including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.3 Nothing in this section 16 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. In addition, nothing in this section 16 affects your statutory rights as a consumer.
17. Data Protection
We process information about you in accordance with our Privacy Statement. By using the Website, you and all Group members consent to such processing and you and all Group members warrant that all information provided by you is accurate and that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data.
18. Offline Conduct
18.1 Although we cannot monitor your conduct off the Website, it is also a violation of these Group Organiser Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person without their prior explicit consent. We act as a mere facilitator for Hotels by order and for account of Hotels. We therefore accept no liability for any matter related to a Hotel Booking and we have no control over and do not guarantee the quality, safety or legality of Hotel Bookings.
18.2 You agree not to contact a Hotel directly until after a Bid has been accepted and you agree to contact a Hotel only as prescribed in these Group Organiser Terms.
19. Suspension and Termination
19.1 Termination By Us
19.1.1 We will determine, in our discretion, whether there has been a breach of the Group Organiser Terms through your use of the Website. When a breach of the Group Organiser Terms has occurred, we may take such action as we deem appropriate.
19.1.2 Failure to comply with the Group Organiser Terms constitutes a material breach of the terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the Website;
(b) refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
19.2 We exclude liability for actions taken in response to breaches of the Group Organiser Terms. The responses described in the Group Organiser Terms are not limited, and we may take any other action we reasonably deem appropriate.
20.1 You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of the Website or a breach by you of any of these Group Organiser Terms.
20.2 In the event that your Contributions infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.
21. Language Conflict
These Group Organiser Terms are in the English language. If these Group Organiser Terms are translated into any language other than English, the English language text shall prevail in the event of a conflict or difference between the English version and the translated version.
22. Jurisdiction And Applicable Law
The Irish courts will have jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Group Organiser Terms are governed by Irish law. Nothing in these Group Organiser Terms will affect your statutory rights as a consumer.
23.1 All notices given by you to us should be emailed to us at email@example.com. Subject to and as otherwise specified in these Group Organiser Terms we may give notice to you by posting the notice on the Website or via the email or postal address you provide to us during the registration process.
23.2 Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
If we fail to insist upon strict performance of any of your obligations under any of these Group Organiser Terms or if we fail to exercise any of the rights or remedies to which we are entitled under these Group Organiser Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Group Organiser Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section on Notices above.
If any of these Group Organiser Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. Dispute Resolution
If a dispute arises between you and us in relation to the provision of the Dingadeal.com Services, you agree to attempt to settle such a dispute through mediation before referring to any other form of dispute resolution.
27. Action Time Limit
You agree that any action taken by you in relation to the provision of the Dingadeal.com Services must commence within one year of the cause of action arising.
28. Entire Agreement
28.1 These Group Organiser Terms and any other terms accepted by you in connection with your use of the Website represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
28.2 Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Group Organiser Terms.
29. Your Concerns
If you have any questions about the Group Organiser Terms or concerns about material which appears on the Website, please contact us at firstname.lastname@example.org.
If you have any accessibility issues or problems, please contact us at email@example.com.
Thank you for using our site.