Terms & Conditions of Kanika Hotels & Resorts
TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THIS WEBSITE AND OF THE SERVICES OFFERED VIA THIS WEBSITE BY KANIKA HOTELS LIMITED
1.2. KANIKA HOTELS may at any time and at its absolute discretion modify these Terms and Conditions. Kanika Hotels may notify you of such changes by any reasonable means, including by posting the revised version of theses Terms and Conditions by referring to the “LAST UPDATED” statement above. Your continuing access to and/or the continuing use by you of the Website will be subject to the Terms and Conditions in force at the material time of such access and/or use. Accordingly, you agree to review these Terms and Conditions periodically, and that by continuously accessing the Website and/or continuously using any of the services offered via the Website from time to time you shall be deemed to have agreed to all those changes effected to the Terms and Conditions from time to time. Terms and conditions relating to special offers, which are, from time to time, contained elsewhere on the Website and/or presented to you in any way, shall, to the extent that those terms and conditions conflict with these Terms and Conditions, take precedence over the conflicting provisions contained herein. If you do not agree to these Terms and Conditions you should leave the Website immediately.
2. Use of the Website
2.1. The KANIKA HOTELS reservations feature of the Website is provided solely to assist you in determining the availability of travel-related goods and services and in making legitimate reservations. You agree to be exclusively and financially responsible for accessing and using the Website as well as in connection with any such access or use by third parties on your behalf, including without limitation any person under the age of eighteen years of age. You agree that the reservations facilities of the Website shall be used solely for the purpose of making legitimate reservations. You understand that overuse or abuse of the reservation facilities of the Website may result in you being denied access to such facilities, at the sole discretion of KANIKA HOTELS.
2.2. For any reservations or other services for which fees or other amounts may be charged, you agree to abide by these Terms and Conditions as well as, that payment of all amounts shall be paid by you when due and that you shall comply with all rules and restrictions regarding rates and charges as well as in respect of the availability of products or services. You shall be exclusively responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Website.
2.3. Kanika Hotels reserve the right to restrict your access to the Website or part of it. Access to the restricted areas of the Website may by subject to registration and other conditions. If Kanika Hotels grant you permission to access a restricted area, they may withdraw that permission at any time (including if you are in breach of any of these Terms and Conditions).
3. Content of the Website
Whilst every effort is made to update the information provided on the Website on a regular basis, KANIKA HOTELS makes no representations or warranties, whether express, implied, in law, or in equity or otherwise, as to the accuracy, completeness, correctness or reliability of information contained on any of the pages comprising the Website and to that effect shall not be bound in any manner by or otherwise be held responsible for any inaccuracy, incompleteness, non-correctness or unreliability of information contained on the Website or any of the pages comprising the Website. KANIKA HOTELS reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered through the Website. No opinions, information, data or content contained on the Website shall be construed as legal or other professional advice and same are offered for information purposes only. KANIKA HOTELS gives no warranties and makes no representations as to the accuracy, completeness, correctness or reliability of any such opinions, information, data or content.
4. Copyright and Intellectual Property Rights
This Website is solely for your personal and non-commercial use. Copyright and all intellectual property rights of, in or in connection with all materials made available through the Website (including but not limited to information, texts, graphics, images, links, sounds and all other information and software published or otherwise contained in the Website) are, unless otherwise stated, the exclusive property of KANIKA HOTELS who is the lawful owner thereof and are protected by both national and international intellectual property right laws. Accordingly, any unauthorized copying, reproduction, transmission, display, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof in any form or by any means will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos, service marks and related proprietary rights (hereinafter collectively referred to as the “Trademarks”) displayed on the Website are registered and unregistered trademarks of KANIKA HOTELS who is, unless otherwise stated, the exclusive owner and the lawful user of the Trademarks. The trademarks are protected by both national and international trademark, passing-off and other laws and may not be reproduced, copied or otherwise used in any form or by any means. Nothing contained on this Website should be construed as granting any license or right to use any such copyrights or other intellectual property rights or the Trademarks without the prior written permission of KANIKA HOTELS.
6. External Links
External links may be provided for your convenience only, but they are beyond the control of KANIKA HOTELS and accordingly no statement or representation is made nor is any warranty or guarantee provided by KANIKA HOTELS as to the accuracy, completeness, correctness or reliability of their content. Use or reliance on any external links provided is at your own and exclusive risk. When visiting external links, you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website whether controlled by you or otherwise to the Website without the express prior written permission of KANIKA HOTELS.
If you are under 18 years of age, you may not use the Website without the supervision of a parent and/or guardian. If you represent that you are of sufficient legal age to use the Website, you will be bound by any legal obligations and liabilities that you may incur as a result of accessing or using the Website and the services. You agree to supervise all usage of the Website by any minors under your name or account.
8.1. You acknowledge and agree that KANIKA HOTELS shall be entitled to establish the authenticity of any communication transmitted to it by way of or otherwise through the Internet which purports to emanate from you. You agree that all instructions, consents, commitments, reservations and any other communications which purport to emanate from you and which are sent to KANIKA HOTELS by way of or otherwise through the Internet and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form and content actually received by KANIKA HOTELS and you will be bound by such details with no liability of whatever nature attaching to KANIKA HOTELS in connection thereto.
8.2. You waive all and any rights you have or may have or otherwise obtain against KANIKA HOTELS arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that KANIKA HOTELS acts on your instructions or instructions purported to emanate from you. You hereby agree to indemnify KANIKA HOTELS against all and any claims, liabilities, losses, costs, fines, damage and expenses incurred (whether directly or indirectly) , arising as a result of the fact that KANIKA HOTELS has acted on your instructions or instructions which purport to emanate from you.
9. System Availability
KANIKA HOTELS will use reasonable endeavours to maintain full system availability subject to these Terms and Conditions, except during scheduled maintenance periods. However, Kanika Hotels cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. Notwithstanding the above, KANIKA HOTELS may make changes and/or improvements to the features, functionality or content of the Website at any time without notice.
10. Warranties & Disclaimers
10.1. You warrant and guarantee that every instruction and all information given by you to KANIKA HOTELS shall be accurate, true and correct.
10.2. KANIKA HOTELS makes no representations or statements and provides no warranties, or guarantees (whether express, implied, in law or in equity or otherwise) regarding the Website, any services provided via the Website or the suitability of any of the services for a particular purpose. As KANIKA HOTELS provides certain services to you via the Internet, KANIKA HOTELS makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom or on which you may rely on to request the provision of any of the services or KANIKA HOTELS may rely on to provide any of the services.
10.3. KANIKA HOTELS shall not be responsible for and disclaims all and any liability for any loss, liability, damage (whether direct, indirect, special, incidental, punitive, consequential or otherwise and including without limitation loss of profits, loss of earnings, business interruption or loss of information), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to using of or relying on any information provided on or via the Website or any pages of the Website, any e-mails sent to, from, via or in connection with the website, any services provided via the website or KANIKA HOTELS, any viruses that may infect your computer or other property on account of your access to and/or use of the Website, use of content, data or information made available via the Website, any failure, delay or unavailability of the Website or any services offered via the Website for any reason whatsoever and the supply, or failure or delay in supplying any of the services offered via the website and you agree to indemnify and hold harmless KANIKA HOTELS in respect of any loss, liability, damage (whether direct, indirect special, incidental, consequential, punitive or otherwise and including without limitation loss of profits, loss of earnings, business interruption or loss of information), personal injury or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable to, directly or indirectly, any of the aforesaid. Any delay or failure of KANIKA HOTELS to comply with or breach of any of these Terms and Conditions or agreements if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea (including tsunami), flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of KANIKA HOTELS, will not be deemed to be a breach of these Terms and Conditions or agreements nor will it subject KANIKA HOTELS to any liability to you for as long as any such force majeure event persists.
10.4. Notwithstanding the generality of the above provisions, KANIKA HOTELS makes no statements or representations and provides no guarantees or warranties as to the continuing or uninterrupted access to or use of the website or the services or any other facility provide by or via the website.
The Website is viewed over a secured connection. Any information provided by you on the Website cannot be viewed by anyone else over the Internet. When you decide to make a purchase all information is 128bit encrypted according to the SSL (Secure Sockets Layer) technology. This technology automatically encrypts your information before it is sent to KANIKA HOTELS. It also encrypts any information KANIKA HOTELS returns to you. SSL is widely used and is trusted as providing the highest level of protection of data between you and KANIKA HOTELS server. For more information on SSL visit Netscape’s website. SSL only works with SSL enabled browsers and does not encrypt email.
11.1 Web – Chat Feature
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with the Website. If you participate in a Chat Area, you agree that, in addition to complying with the Terms and Conditions, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for the use of the Chat Area.
KANIKA HOTELS reserves the right to remove or edit content from any Chat Area at any time and for any reason, however, has no duty to do so, upon request of any guest and is not responsible for the content or accuracy of any information in a Chat Area.
11.1.1. User Feedback
By submitting any ideas, comments, suggestions or other information to a Chat Room; or to the Website or services related to Website (hereinafter referred to as the “Feedback“), you agree that such Feedback may be publicly available and shall be deemed and shall remain property of Kanika Hotels. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback.
KANIKA HOTELS shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use the Feedback without restriction for any purpose whatsoever, commercial or otherwise. For the avoidance of any ambiguity, Feedback shall be given on voluntarily basis and shall not create any rights for financial interest or otherwise, in favour of the person granting such Feedback.
11.2.1. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Website or the information contained thereof, without the prior express consent from an authorized KANIKA HOTELS representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to the Websites). In addition, you agree that you will not use the Website for anything that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
11.2.2. You agree that KANIKA HOTELS has no obligation to but may monitor and review information you transmit over the Website. You agree that Kanika Hotels may censor, edit, remove or prohibit the transmission or receipt of any information that it may be deemed inappropriate or in violation of these Terms and Conditions and use any such information or to protect the rights or properties of KANIKA HOTELS. You agree that Kanika Hotels may also monitor and review stored information without restriction and by using the Website you hereby acknowledge and consent to such monitoring and reviewing.
11.2.3. You shall not use the Website in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. Kanika Hotels reserve the right in their sole discretion and for no any specific reason to revoke or deny your access to the Website.
12. Miscellaneous Provisions
12.1. These Terms and Conditions do not constitute any agreement or relationship of joint venture, partnership, employment or agency or any fiduciary relationship between the parties.
12.2. You may not assign any of these Terms and Conditions or any of your rights or obligations hereunder without the prior written consent of KANIKA HOTELS, which consent shall be given or withheld at KANIKA HOTELS’s sole discretion.
12.3. The titles and subtitles contained herein are used for convenience only and shall not limit or otherwise affect or be used in the construction or meaning of any terms or provisions hereof. If any provision hereunder is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions contained herein shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. 12.4. In construing the provisions hereunder, an ambulatory and not a static, approach shall be followed. These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior agreements and undertakings, both written and oral, between the parties, or any of them, with respect to the subject matter hereof and, except as otherwise expressly provided herein, are not intended to confer upon any other person any rights or remedies hereunder.
13. Third Party Services
14. Currency Conversion
15. Applicable Law
These Terms and Conditions and/or any matter connected and/or related to these Terms and Conditions, including a breach of any part and/or of the totality of these Terms and Conditions, shall be governed and construed in accordance with the laws of the Republic of Cyprus and the courts of the Republic of Cyprus shall have exclusive jurisdiction over any claim or dispute arising under on in connection with these Terms and Conditions.
These Terms and Conditions are effective until terminated. Kanika Hotels may, at any time and for any reason, terminate your access to or use of the Website. If Kanika Hotels terminates your access to the Website, you will not have the right to bring claims against Kanika Hotels or their affiliates with respect to such termination. Kanika Hotels and their affiliates shall not be liable for any termination of your access to the Website.
Last Updated 16/12/2020