* This text was translated by DeepL Translate. Read the original document in Spanish here
Last modification: July 14, 2023
myHotel Terms and Conditions
This agreement describes the general terms and conditions (the “Terms and Conditions”) applicable to the use of the services offered by MYHOTEL SpA (“the Services“) within the www.myHotel.cl site, its various applications and/or (“myHotel” or the “Site”) platforms. Any person wishing to access and/or use the Site or the Services may do so by agreeing to these Terms and Conditions, together with all other policies and principles governing myHotel and which are incorporated herein by reference.
For the purposes of these General Terms and Conditions, Client means the natural or legal person who contracts the Services provided by myHotel for the corresponding purposes, as well as its guests, staff, collaborators or suppliers of the Client. In this sense, the word “you” refers to the Client, the Client’s staff and guests.
To access the Services offered by myHotel through the website and other platforms, it is an essential requirement that the Client understands and subsequently accepts these Terms and Conditions, which regulate the access and use of the Site and platforms, and are understood to be incorporated in all operations performed and services contracted through it. Any person who does not accept these Terms and Conditions in their entirety must refrain from using the Site and the platforms.
It is hereby stated for the record that these Terms and Conditions generally regulate the use of the Website and the platforms that myHotel makes available to the Client. The contracting of the particular services offered by the Site, shall be governed by the agreements and legal documents that will be timely provided to the Client and agreed between both Parties.
The Client must read, understand and accept all the conditions set forth in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated therein by reference, prior to his/her registration as a Client of myHotel.
Description of the Service
myHotel is a cloud platform that offers, broadly speaking, the following Services to its Clients:
- Pre-stay: consists of personalizing the guest’s experience prior to their arrival and intance to perform a web check in.
- Satisfaction experience measurement: reference to measuring the quality of customer service and monitoring the guest experience at all times and places, whether before, during or after the stay.
- Online reputation monitoring: consists of managing the Client’s online reviews and comparing the reputation of the Client’s property with those of the competition on major online travel agencies (OTAs).
- Case management: the Client reports a case, a person in charge is assigned and guest problems are followed up in an easy and simple way.
- Semantic analysis: tool for measuring the sentiment and quality of text comments left by guests through different channels.
- Integration with the Hotel Software (PMS).
The Services are only available to persons who have the legal capacity to contract. The Services may not be used by persons who do not have such capacity, minors or myHotel users who have been temporarily suspended or permanently banned.
3.1 Subscription. Customers subscribe to Services by executing a Contract with myHotel. This Agreement lists the start date of the Services and the initial term of Customer’s subscription. Unless otherwise stated, this Agreement will automatically renew for a period equal to the initial term unless either party notifies the other in writing of its intent not to renew at least thirty (30) days prior to the expiration of the current term.
3.2. It is mandatory to complete the subscription form, in all its fields with valid data in order to use the services provided by myHotel. The Client must complete it with his/her personal information in an accurate, precise and true manner, which includes ‘personal data’, ‘contact information’ and ‘relevant information’, assuming the user the commitment to update his/her Personal Data as necessary. myHotel may use various means to identify its users and is NOT responsible for the accuracy of the Personal Data provided by its users. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data entered.
It will be a necessary requirement for the acquisition of any service and/or products offered on this site, in addition to the registration, the acceptance of these General Terms and Conditions, with the definition of an access key. These General Terms and Conditions shall be understood to be known and accepted by the fact of express acceptance by means of your expression of will through a “click” in the respective box.
3.3 Security. You are responsible for maintaining the security of your account and password, and are responsible for all activities that occur under your account and password. myHotel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. The Account is personal, unique and non-transferable, and the same user is prohibited from registering or owning more than one account. In case myHotel detects different accounts containing matching or related data, it may cancel, suspend or disable them.
The Client shall be responsible for the operations carried out in his/her account, since access to the same is restricted to the entry and use of his/her Security Code, which is the exclusive knowledge of each Client. The Client agrees to notify myHotel immediately and by suitable and reliable means of any unauthorized use of his/her account, as well as the access by unauthorized third parties to his/her account. It is clarified that the sale, assignment or transfer of the account (including reports, profiles and ratings) under any title is prohibited.
myHotel reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.
4. Restrictions on use
4.1 Proper Use of the Services. You may not: (a) license, sublicense, sell, resell, transfer, assign or distribute the Services; (b) modify or make derivative works based on the Services; (c) introduce software or automated agents or scripts into the Services to generate multiple accounts, generate automated searches, requests and queries, or remove, scrape or extract data from the Services; (d) frame, mirror or reverse engineer the Services; or (v) overload the myHotel systems used to provide the Services.
4.2 Use of Third Party Content. You may not modify, republish, reproduce, post, transmit, transmit, sell, offer for sale or redistribute Third Party Content (as defined in Section 5.4) without the prior written permission of myHotel and, if applicable, the rights holder of Third Party Content (such as industry research data). You must comply with all copyright notices, information or restrictions relating to any Third Party Content.
5. Property rights
5.1 Ownership of the Services. The Services (including all myHotel Software and Confidential Information used to provide the Services) belong to myHotel and its licensors (if applicable). Even if the terms “purchase” and “sale” are used, you will not receive ownership rights to the Services and will only have those license and use rights in this Agreement.
5.2 Ownership of Customer’s Confidential Information. Customer’s Confidential Information belongs to Customer (or the person or other entity from whom Customer received information). Nothing in this Agreement assigns any rights in that information to myHotel.
5.3 Ownership of Respective Trademarks. You may not use myHotel’s name, logo or other marks without myHotel’s prior written consent, and myHotel may not use your name, logo or other marks without your prior written consent. Ownership of all such marks and the goodwill associated with them remains with the owner.
5.4 Ownership of content received from third parties. myHotel collects, stores, analyzes, displays and uses a variety of information, such as: (a) publicly available reviews and hotel ratings posted on third party websites, comments and information provided by guests at Customer’s facilities, social networking site and forum postings, news articles, blogs, photos and videos, and (b) commercially available data about hospitality businesses and guest travel and hospitality trends, such as hotel occupancy rates and rate metrics, marketing engagement data and guest travel information (collectively “Third Party Content”). Some Third Party Content is public information (such as online hotel reviews) and other Third Party Content is proprietary to its creators (such as industry research data). Third Party Content may be owned by the persons or entities posting the content or by other parties.
5.5. Property of the programs. The contents of the web platform, relating to myHotel services as well as the programs, databases, networks, files that allow the Client to access and use his/her account, are the property of the latter and are protected by the laws and international treaties on copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of such contents are forbidden, unless expressly authorized in writing by myHotel.
5.6. Links. The Site may contain links to other websites which does not indicate that they are owned or operated by myHotel. Since myHotel has no control over such sites, it shall NOT be responsible for the content, materials, actions and/or services provided by such sites, nor for any damage or loss caused by the use of such sites, whether directly or indirectly. The presence of links to other web sites does not imply a partnership, relationship, approval, endorsement by myHotel of such sites and their contents.
6.2 Confidential Information. Subject to the limitations in the following paragraph, all information disclosed by Clients to myHotel or myHotel to Clients during the term of this Agreement, whether in oral, written, graphic or electronic form, is considered “Confidential Information”.
6.3 Exceptions. Confidential Information does not include information that: (a) is part of the public domain at the time of disclosure; (b) becomes a part of the public domain through no fault of the receiving party or persons or entities to whom the receiving party has disclosed, transferred or permitted access to such information; (c) is made available to the receiving party on a non-confidential basis by a source legally authorized to share the information without confidential treatment; (d) is independently developed by the receiving party without use of or access to confidential information of the disclosing party; or (e) is released from the confidentiality obligations herein by written consent of the disclosing party. For example, Customer’s guest list is Customer’s confidential information and will be protected as set forth below. Individual guests may post online reviews on third party sites, such as Tripadvisor, in connection with their visits to the hotel. The names of such guests and their reviews are Third Party Content and not Customer Confidential Information.
6.4 Non-Disclosure. myHotel and each Customer agree that during the term of this Agreement and for a period of three years following termination of this Agreement (and indefinitely as to trade secrets of the disclosing party), neither shall disclose Confidential Information of the other party to any person or entity, except: (a) to agents of the receiving party who have a need to know such information, who have been informed of the receiving party’s confidentiality obligations under this Agreement and who are subject to confidentiality agreements with the receiving party as a minimum protective of the disclosing party’s Confidential Information as this Agreement, or (b) pursuant to the terms of a valid and effective subpoena or court order, provided that the receiving party promptly notifies the disclosing party (to the extent permitted) of the existence, terms and conditions. circumstances surrounding such request so that the disclosing party may seek appropriate protective action. Neither party may use the Confidential Information of the other party in any directly competitive manner or for any purpose other than to exercise its rights and perform its obligations under this Agreement.
6.5. Violations of the system or database. No action or use of any device, software, or other means to interfere with the activities and operation of myHotel is permitted. Any intromission, attempt or activity in violation or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this Agreement will make you liable to the relevant legal actions, and to the penalties provided by this agreement, as well as will make you liable to compensate the damages caused.
7. Payment terms and pricing
Customer shall pay myHotel in the currency described in the Agreement (or U.S. dollars if not specified) the fees in the amounts and at the times specified in the Agreement. Unless otherwise stated, all fees are due upon receipt of invoice from myHotel. Customer shall be responsible for sales, use, value added, excise, property withholding or similar taxes and any related fees, and similar charges, except taxes based on myHotel’s net income. If Customer is required to pay such taxes, Customer shall pay such taxes without reduction or offset in the amounts payable to myHotel hereunder. If an applicable taxing authority requires myHotel to pay taxes that should have been paid by Customer, myHotel will notify Customer in writing and Customer will promptly reimburse myHotel for amounts paid. myHotel may suspend the Services until all undisputed payments are received.
The Client will pay a SetUp (implementation), equivalent to the start-up of the system as detailed in the contract. The payment of the services will be made on a monthly, semi-annual or annual basis, according to the modality contracted. Payment shall be made per month, semester or year in advance, and payment shall be made by bank transfer, credit card charge or any other means of payment agreed between the parties, and payment shall be made before the expiration of the invoice or invoice issued for each period. The plans will be automatically renewed for equal and successive periods of one year or one month, respectively, unless the Client communicates in writing and at least 30 days prior to the expiration date of the respective period, or any of its extensions, its decision to terminate the Services, in which case myHotel will proceed to cancel its subscription effective as of the next billing cycle. The Client declares to accept unconditionally that the non-fulfillment of its payment obligation, before the expiration of the corresponding invoice or invoice, depending on the contracted plan, will enable myHotel, at its option, to take any of the following measures:
- Suspend the provision of the Services, and/or
- Disable some of the functionalities of the Services, and/or
- To terminate the agreement and cancel the Services provided to the Client, in addition to being expressly authorized to send the user’s data to external collection companies and commercial newsletters.
If the Customer terminates the contract before the end of the respective billing period, the Customer shall not have the right to request the restitution of funds for the remainder of the billing period in question. Furthermore, the contracting of an annual plan will be made for 365 days and in no case for months or periods of days of less than one year. The same applies to a monthly plan, where the Customer shall not be entitled to request the restitution of funds in the event of termination of the Services before the end of the current month. The Client will have access to individual and mass training according to myHotel availability and will have access to a library of material for self-training. For questions, requests or incidents, the Client may contact through the support form on the platform (https://fidelity.myhotel.cl/soporte), email (firstname.lastname@example.org) or directly to their assigned executive. The maximum support ticket response time will be 72 hours from the receipt of the ticket.
8.1 Violations. Any infringement of these General Terms and Conditions may be investigated by myHotel and the infringer may be sanctioned with the suspension or cancellation of the services and/or contents and even of its registration as a Client of myHotel and/or in any other way it deems appropriate, without prejudice to the legal actions that may arise for the configuration of crimes or offenses or for the civil damages that may be caused to the users or clients offering the services.
8.2.Per customer. Customer shall indemnify, defend and hold harmless myHotel, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents (the “Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) (collectively, “Claims”) brought by third parties (including Users) arising out of or relating to (a) any information Customer or any User submits, posts or transmits through the Services or any other act or omission of Customer or any User in connection with the Services, (b) Customer’s or User’s negligent or intentional misuse of the Services, (c) Customer’s or User’s breach of its material obligations under this Agreement, and (d) Customer’s or User’s violation of any rights of any other person or entity arising out of or related to use of the Services.
8.3 By myHotel. myHotel shall at its own expense defend or settle any claims, actions and demands brought by third parties against Customer and its Indemnitees where the third party expressly asserts that the Services: (i) infringe such third party’s trademark or copyright arising under the laws of Chile, or (ii) myHotel misappropriated such third party’s trade secrets in the development of the Software (collectively, “Claims”). myHotel shall conduct the defense of any Claim, any related proceedings and actions, and all negotiations for settlement or compromise thereof. Customer may, at its discretion, participate in the defense of any such Claim and any related proceedings and actions at Customer’s expense. The foregoing obligations are contingent upon Customer promptly notifying myHotel in writing of such action, giving myHotel sole control of its defense and any related settlement negotiations, and cooperating in such defense. If the Services become, or in myHotel’s opinion are likely to become, the subject of infringement or misappropriation, myHotel may, at its option and expense, either: (a) procure for Customer the right to continue to exercise the rights licensed hereunder; (b) replace or modify the Services so that they are non-infringing and remain substantially functionally equivalent; or (c) refund to Customer the advance fees paid by Customer to myHotel for periods during which Customer is unable to use the affected Services due to such Claim and terminate this Agreement. Notwithstanding the foregoing, myHotel shall have no obligation under this Section or with respect to any Claim of infringement or misappropriation based on the following: (w) any unauthorized use or distribution of the Services by Customer or any of its Users; (x) any use of the Services in combination with other products, software or data not supplied by myHotel; (y) any modification of the Services by anyone other than myHotel or its authorized contractors; or (z) any third party content, or the collection, storage or provision of third party content. This section sets forth myHotel’s entire liability, and Customer’s sole and exclusive remedy, for claims and actions for infringement and misappropriation.
8.4 Settlement of Claims. Neither Customer nor myHotel may settle or compromise any Claim requiring the other party to pay any amount or take any action without the prior written consent of the other party.
9. Representations and Warranties; Disclaimer of Warranties
9.1 Authority. myHotel and Customer represent and warrant that: (a) they have the full right, power and authority to enter into and perform this Agreement; (b) the person signing this Agreement on their behalf is a duly authorized representative of such party who has in fact been authorized to execute this Agreement; (c) their signing of this Agreement does not violate any other agreement by which they are bound; and (d) they are legal entities that are in good standing in the jurisdiction of their formation and will be permanently in good standing in the jurisdiction of their incorporation.
9.2 Compliance with Laws. You represent and warrant that your use of the Services will comply with all laws, ordinances, rules, regulations, directives and guidelines applicable to your use of the Services (collectively, “Laws”), including, without limitation, all privacy and data processing laws.
9.3 Guest Information. myHotel may provide the personal information of its Clients and guests to suppliers providing services to myHotel, to provide some of the Services and features available on the Service, and to enable seamless communication with Clients and guests, including sending emails, data analysis, marketing assistance, payment processing, and customer service. Suppliers of myHotel may not use such information, but only in connection with the provision of the Services delivered to myHotel.
myHotel may share the information provided by the Client and guests with companies that are subsidiaries or affiliates of myHotel, respecting the security settings established by the Client and guest.
myHotel may use some of the information provided by the Client and guests and share it anonymously with third parties and may combine such information with other information so that it cannot be linked to the Client or guest.myHotel may disclose the personal information of its Clients and guests when this is necessary to comply with a legal or judicial mandate imposed on myHotel, including the protection and defense of its rights, or those of third parties.myHotel and its suppliers provide services on an “as is” and “as available” basis and disclaim all warranties of any kind not provided herein, whether express, implied or statutory.
10. Limitations of liability
10.1 Without limiting claims arising from your infringement of myHotel’s intellectual property rights in the Services, in no event shall myHotel or you be liable for indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use, inability to use or unavailability of the Services.
10.2 Under no circumstances will myHotel be liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Services or your myHotel account, or the information contained therein.
10.3 Without limiting Customer’s obligation to pay fees for Services rendered or claims arising from its infringement of myHotel’s intellectual property rights in the Services, to the fullest extent permitted by applicable law, myHotel’s and Customer’s total liability under this Agreement is limited to the fees paid or payable by Customer to myHotel within the preceding six (6) months.
10.4 This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if myHotel or you have been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11.1 Termination for Fault. myHotel or Customer may terminate this Agreement for a material breach by the other party if, within 30 days after receipt of notice of the non-breaching party’s intent, the breaching party fails to cure such material breach. If Customer terminates this Agreement for any other reason, Customer shall be liable to pay any remaining contract fees that would have been due during the term if Customer had not terminated.
11.2 Termination by Users. Users may terminate this Agreement at any time by ceasing to use the Services.
11.3 Effect of Termination; Survival. Immediately upon termination of this Agreement, Customer shall discontinue all use of the Services. The sections entitled Ownership, Confidentiality, Indemnification and Limitations of Liability shall survive termination or expiration of this Agreement for any reason.
12. Modification of these terms
13. Absence of employment relationship
It is hereby stated for the record that the Client, by virtue of these Terms and Conditions and other respective Commercial Agreements, does not have and will not have the status of employee or dependent of myHotel, since the agreement is of a civil and not labor nature. Consequently, it is not and has not been the intention of the parties that there exists in the present or future any subordination or labor dependency relationship between myHotel and the Client.
In this sense, the Parties declare that this does not originate any relationship of subordination or dependence with respect to myHotel, reason for which the latter does not incur any obligation for remuneration, social security contributions or labor obligations of any kind with respect to the Client.
14. Jurisdiction and applicable law