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GTA EXTRANET - TERMS OF USE ("Agreement")

1. Terms of Use
This Agreement (together with any documents referred to in it) sets out the conditions on which you may use GTA Extranet which we use to manage contracts, rates, inventory, purchase orders/invoices and reservations ("Site"). Please read this Agreement carefully before you start to use the Site. By accessing or using our Site, you indicate that you accept this Agreement and that you agree to abide by it. You further accept that you have sufficient authority to operate your account on behalf of your company. You agree and accept that should you allow a third party to manage your access to our Site on your behalf, you shall assume all responsibility on behalf of such third party and shall procure that such third party shall comply with the terms and conditions contained within this Agreement. Do not access or use our Site if you do not accept this Agreement and do not agree to abide by it.

2. Information about us
The Site is operated by Donvand Limited, a limited company registered in England and Wales under company number 1213718 with its registered address and main trading address at 27 Goswell Road, London EC1M 7GT ( "we", "us" or "our"). Our VAT number is 234621582.

3. Accessing the Site
You may access and/or use our Site if your hotel, other overnight accommodation or service provider ("Service Provider") has agreed to provide Rooms and/or any other Facilities and/or Services ("Services") to us or you have been authorised by such Service Provider to use the Site on their behalf. The agreement to provide the Services is governed by the written contract between the Service Provider and us and includes the General Terms and Conditions, any appendices, the Health and Safety Accommodation Self Inspection Checklist, Code of Conduct and any commercial terms (and any other mutually agreed schedules or attachments) (the "Contract"). This Agreement also forms an integral part of the Contract. Any capitalised words in this Agreement not defined shall have the same meaning given to it in the Contract.

In this Agreement, "you", "your" or "Supplier" means the person who validly represents, is duly authorised by and has authority to bind the Service Provider when accessing and using the Site.

As part of our security procedures, when you register a user account for use of our Site, you will be asked to provide a username and a password ("Security Credentials"). You shall then be responsible for making all arrangements necessary for you to have access to and use our Site. You are also responsible for ensuring that all persons who access or use our Site through your computer, internet connection or by using your Security Credentials are aware of this Agreement, and that they comply with it.

You must keep your Security Credentials confidential and, you must not disclose them to any unauthorised third party without our express prior written consent. You agree to take all necessary precautions to prevent unauthorised or fraudulent use of them. You agree and understand that we will act on the instructions of anyone who has used your computer, internet connection or your Security Credentials to access and use our Site and that you will be responsible for all activities that occur under your Security Credentials. If you have reason to believe that your Security Credentials are no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your Security Credentials), you shall immediately notify us and make the Security Credentials inactive or delete the user through our Site. You agree that you shall be liable for the losses incurred by us or others due to any unauthorised use of your account.

We reserve the right to terminate your right to access and use the Site if and when the Contract expires or is otherwise terminated. We also reserve the right to withdraw or suspend your Security Credentials at any time if, in our reasonable opinion, you fail to comply with any of this Agreement and/or the Contract.

4. Usage
You will be able to access the Site in order for you to perform (at your sole discretion) any of the following in respect of your Services:-

(i) manage bookings (including confirmations, cancellation and/or amendment requests);
(ii) update rates and availability (inventory);
(iii)upload commercial terms and/or make changes to the same;
(iv) maintain information relating to your Services; and
(v) invoicing processing.

together these shall be known as "Actions". You are only allowed to access and use the Site in respect of your own Services or on behalf of the Service Provider by which you are authorised.

Any Actions performed by you, including all changes, modifications, amendments, deletions, or otherwise that you make on the Site shall operate as a variation of the Contract (together or individually a "Variation"). Any Variation shall take effect upon you clicking the Confirm/Update button and by doing so you hereby authorise us act on the instructions of any Variation you effected. All Variations will have immediate effect except in relation to confirmed bookings. For the avoidance of doubt any Variations will not affect confirmed bookings and any changes to rates will only apply to bookings confirmed after the changes have been made.

You warrant that all material and/or information you transmit to the Site and any Variation shall be up-to-date, truthful and accurate to the best of your knowledge and further shall not infringe the rights of any other person. We shall be entitled to rely on the material and/or information transmitted and/or any Variation made by you and you shall be responsible for and held liable for the same, and further you shall indemnify us for any loss which we incur either directly or indirectly as a result of relying on the material and/or information transmitted and/or Variation made or if such information breaches the intellectual property rights of a third party.

5. Additional Terms for Service Providers which manage their own Variations (including but not limited to rates and availability)
If you act for a Service Provider which manages its own rates and availability (and other Variations) through our Site, you agree we are not liable for any incorrect information regarding Variations. Should you enter any incorrect information on our Site, you accept full responsibility for such information and are liable for any and all losses which occur. You agree that you may only make Variations (Including but not limited to applying flexible stop sell (close outs) and requests) through our Site and our staff will not amend these on your behalf. You agree and understand that any communication sent to our staff in relation to Variations will not be acted upon and shall not amount to valid notice to us of such Variations to take effect.

You agree that you are responsible for all content which you upload to our Site. We accept no liability for the accuracy of any such content and you agree to indemnify us for any and all losses should any such losses occur.

6. Confidential Information
Information relating to Commercial Terms, financial, marketing, technical, know-how, trade secrets and other information in any form or medium whether disclosed orally or in writing before or after the date of this Agreement shall be kept confidential by both parties and we agree only to share such information amongst our Affiliates. All other information transmitted to this Site shall be considered non-confidential and non-proprietary and we shall have the right to disclose your identity to any third party who is claiming that any material and/or information transmitted by you onto our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible for and have no obligation whatsoever (including as to its accuracy) with respect of such material and/or information whether to you, or any third party.

You shall establish and maintain such security measures and procedures as are reasonably practicable to provide for the safe custody of our Confidential Information and to prevent unauthorised access thereto or use thereof. You shall give notice to us of any unauthorised misuse, disclosure, theft or other loss of our Confidential Information immediately after becoming aware of the same. You shall ensure that your employees and/or persons authorised to use the Site on your behalf, are aware of and comply with the provisions of this Clause and that your sub-contractors and agents who may have access our Confidential Information are bound by obligations of confidentiality no less onerous than the terms set out in this Clause 6.

7. Our provision of the Services
We agree to take all necessary technical and organisational steps to ensure the security and performance of the Site however the Service Provider acknowledges that the Site is part of the internet and that we do not warrant or guarantee the performance of the internet or that the transmission of material and/or information over the internet will be secure or that the internet and/or Site will be accessible at all times.

From time to time we may change your Security Credentials (you shall be notified) or change the technical specification of the Site or any of the services provided. Also, we may issue instructions which are necessary to be complied with for reasons of health, safety, security or the quality of any telecommunications service provided. You shall procure compliance with any such instructions issued.

In addition we reserve the right to withdraw, suspend or restrict access to our Site (or part thereof) at any time without notice. We shall not be held responsible for any loss, damage or inconvenience that the Service Provider may suffer howsoever arising as a result of emergencies, scheduled maintenance or any other instances where the Site cannot be accessed.

We agree to take all necessary technical and organisational steps to ensure that our hardware and software systems functions and performs however we do not make and hereby disclaim any and all express and any implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and any warranties arising from a course of dealing, usage, or trade practice. Except as expressly stated we do not warrant that the hardware and software systems will be uninterrupted or error-free, or completely secure, despite the reasonable precautions as may be carried out or performed by us.

8. Privacy Policy
Although the main purpose of this Site is for you to perform the Actions, we may collect and process some personal data and/or information about you or the Service Provider. By accessing and using this Site you agree with the provisions of this section as to the collection, processing, transfer, store, or disclosure by us of your personal data and/or the Service Provider's information which we shall use as described in this section.

We may collect information from you when you fill in forms on our Site which may include information provided at the time of registering to use our Site, or performing any Actions. We may also ask you for information when you report a problem with our Site. If you contact us, including but not limited, in relation to business cooperation, advertising, recruitment or otherwise, we keep a record of such correspondence and shall save such information provided to us in order to be able to communicate with you and/or to forward you mailing lists to inform you about our (or our Affiliates) products and services. We may also ask you to complete surveys. The provision of such information is voluntary, and you do not have to respond to our surveys. If you do, we will keep a record of your answers for research and statistical purposes.

We may use details of your visits to our Site and of the particular sections or materials on our Site that you access, including, but not limited to, traffic data, location data, weblogs and other communication data for the purposes of research and statistical data and in such other manners that we may decide to assist you to use our Site.

We may also collect information about your computer, internet connection including where available your IP address, operating system and browser type, for system administration, security or other similar technical purposes. This is statistical data about our users' browsing actions and patterns, and does not identify any individual and is used by us to improve our site, estimate our audience size and usage pattern.

We may disclose your personal data and information to companies and individuals we employ or contract with to perform various functions necessary for carrying out and developing our business including, but not limited to data analysis and processing, delivery and management of marketing communications, and other related customer and support services. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who works for us or for one of our suppliers. Such staff maybe engaged in, among other things, the provision of Site support and maintenance. By using this Site and submitting your information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this paragraph.

We may also disclose your information to our Affiliates. In addition, we may disclose your personal information to third parties (i) in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or (ii) if we or substantially all of our assets are acquired by a third party; or (iii) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect our rights, property, or safety , and those of our customers, or others. This includes exchanging information with other companies, governmental agencies and organisations for the purposes of crime prevention and investigation.

All information you provide to us is stored on our secure servers. The transmission of material and/or information via internet is not completely secure. We cannot guarantee the security of your data transmitted to our Site, and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

You have the right to ask us not to process your personal data in any way described above. You can exercise this right at any time by contacting us at https://hotels.gta-travel.com/gs/static/feedback.html. You have the right to access any personal information we have obtained from you through our Site. We will make any changes to that information at you request. Any such requests should be made to https://hotels.gta-travel.com/gs/static/feedback.html. We do not assume any responsibility for verifying the ongoing accuracy of the content of any personal information.

Cookies
We use cookies to monitor which parts of the Site are most interesting to you - a cookie is a piece of data stored on your hard drive and usage is in no way linked to any personally identifiable information whilst on our Site.

The types of cookies we use are described as follows:

Session Cookies
Session cookies are required for the Site to function and do not identify you personally.
We use session cookies in connection with specific information pertaining to your visit to our Site. These cookies will expire when you finish the session. No information is stored once the session has finished.

Permanent Cookies
Permanent cookies remain on your computer for a given amount of time after you have left our Site depending on the cookie, this could be from minutes to years. Each return visit to the Site will restart the length of the time that we store the information.

Permanent cookies may also enable us to recognise you and help us improve your experience of using our Site and aid in the Site's functionality, for example remembering search criteria, or Services marked as favourites.
These cookies do not contain any of your personal information such as name, address, email or telephone number. Instead, these cookies assign and recognise you by a unique number.

Third Party
We allow other companies, called "third-party ad servers" or "ad networks", to serve advertisements on our behalf. We do not provide any personally identifiable customer information to these advertisers or third-party websites, except as described in 'Sharing Information' section above.

This privacy statement does not cover the use of cookies and other tracking devices by third parties. This will be covered by such third party's privacy policy usually found on that third party's company website.

Opting Out of Cookies /clearing cookies / Configuring Your Internet Browser
You can configure your internet browser so that it can reject both "permanent" and "third party" cookies. Please refer to the internet browser manufacturer's own website for further information about how to do this.

You can also clear your cookies via the browser setting, this will clear all the cookies you select to be removed.

Please note with all these options, that such action is likely to hinder performance and negatively impact your experience of our Site and you will not be able to access Services offered.

If you have any questions about our use of cookies, please email us at our customer care and we will do our best to assist you with your query: https://hotels.gta-travel.com/gs/static/feedback.html.

9. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Site in breach of this Agreement, your right to access and use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You warrant that you shall comply with all relevant laws, regulations and any requirements of any regulatory, governmental or quasi-governmental body or agency. You shall indemnify us for any loss or damage suffered by us caused by either the infringement of Intellectual Property Rights, or unauthorised access to our Site.

10. Our Liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, and unless otherwise stated in this Agreement we, our Affiliates and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income, loss of business, loss of profits or contracts, loss of anticipated savings, or loss of goodwill, wasted management or office time, as well as loss of data, for 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

We shall not be liable for any force majeure event including but not necessarily limited to any event beyond our reasonable control such as act of God, war, terrorist attack, natural disaster, fire, explosion, failure of plant machinery or computers, interruptions of utilities, interruption or non performance by third parties responsible for performing any actions under or applicable to this Agreement or the Contract.

This paragraph does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.

11. Prohibited Use, Viruses, Hacking and other Offences
You may use our Site only for lawful purposes and must not use our Site in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, for the purpose of harming or attempting to harm minors in any way, to transmit, or procure the sending of, and/or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any addresses mentioned on our Site or otherwise made available via our Site.

You must not misuse our Site by knowingly transmitting and/or introducing any data, send or upload any material that contains viruses, spyware, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to reproduce, duplicate, copy or re-sell any part of our Site without our prior written permission or except as expressly permitted in this Agreement as well as not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

12. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page by way of so called "deep linking". If you wish to make any use of material on our Site other than that set out above, please address your request to https://hotels.gta-travel.com/gs/static/feedback.html.

13. Links from our Site
Where our Site contains links to other sites and resources provided by us or third parties, these links are provided for your information only. We have no control over the contents of those sites or resources (except as may be set out in any applicable terms of use if the site is provided by us), and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Assignment
You may not assign, transfer, charge or otherwise dispose of all or any of your rights or obligations under this Agreement without our express prior written consent. We may assign our rights and obligations hereunder to any of our Group Companies. This Agreement shall be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.

15. Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement and any dispute or claim arising out of or in connection with it or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

This Agreement has been produced in multiple languages and in the case of any discrepancies between the English version and a translation, the English version shall take precedence.

16. Reliance on Information Posted & Variation
We update our Site from time to time, and may change its content and/or material on it at any time. Content and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. Any of the content and/or material on our Site may be out of date at any given time, and we are under no obligation to update such content and/or material. We may revise this Agreement at any time by amending this page. You should check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on our Site.

17. Your concerns
If you have any concerns about our Site, please contact https://hotels.gta-travel.com/gs/static/feedback.html.Thank you for visiting and using our Site.