Terms & Conditions
Last Updated: March 2018
FORM Hotel’s (“FORM”, “we”, “our” or “us”, as the context may be) website includes, without limitation, www.form-hotel.com and any other website branded by FORM (collectively, the “Sites”). This site is operated by Smartotels Hospitality International Limited.
Use of Our Sites
BY USING, VIEWING, TRANSMITTING, CACHING OR STORING OUR SITES OR ANY OF THEIR SERVICES, FUNCTIONS OR CONTENTS YOU ARE ACCEPTING ALL THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITES.
By using our Sites, you warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act. The services of our Sites are not available to children under eighteen (18) years old. The content and information displayed on the Sites is our property and is collectively referred to as “FORM Content”. No material from our Sites may be reproduced, distributed, posted, displayed, uploaded or transmitted, other than for non-commercial individual use. You may only use our Sites in good faith to make legitimate reservations or purchases on behalf of yourself or others and shall not use our Sites for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand, or any reservation that is intended for resale, assignment or posting on third party websites. You agree that you will not use our Sites for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 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. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our web pages or the FORM Content contained herein, without prior express consent from our authorized representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to our Sites).
Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms & Conditions. You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms & Conditions.
Communications: With respect to all communications you make to us regarding FORM including but not limited to feedback, questions, comments, suggestions and the like, you consent to us collecting, using and disclosing these communications and you agree that you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure, we shall be free to reproduce, use, disclose and distribute your communications to others without limitation and we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).
Charges and Penalties
You also agree to pay all amounts, duties, taxes, and related charges arising out of your use of our Sites and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted rates. You agree to comply with all rules regarding the availability of rates, products or services, including penalty fees arising from your failure to comply with said rules. You understand that any violation of these Terms & Conditions or conditions of purchase may result: in cancellation of your reservation(s) or purchase(s); in your being denied access to the hotel, activities, or service; in your forfeiting any monies paid for such reservation(s) or purchase(s); and in us debiting your account for any costs we incur as a result of such violation.
You also agree to allow us to charge the credit card on file for the payment of penalties arising from your failure to comply with such rules. Such payment will be collected without additional notice. You agree that you are completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of our Sites.
Terms Incorporated by Reference
We respect your privacy on our Sites. We provide our Privacy Statement, so you will be informed about use of information we collect on our Sites. You hereby acknowledge and agree that you have read and consent to the terms of the Privacy Statement at the following link.
These Terms & Conditions and Privacy Statement additionally apply to translations of our Sites.
Any use of the maps functionality on our Sites shall be governed by the End User Terms & Conditions for the Maps application. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of these Sites, and you agree to abide by such other terms and conditions.
Intellectual Property Rights (Trademarks, Copyright and Patents)
Our Sites may contain or reference our trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights or those of other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, moral rights and other proprietary rights is granted to or conferred upon you. You may not utilize framing techniques to frame any of our trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information. Unauthorized use of our Sites and the materials contained on our Sites may violate applicable copyright, trademark, patent or other intellectual property laws or other laws.
Usernames, Passwords and Other Codes
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites ("Access Codes"). You acknowledge that we will know the Access Codes that you use to access the Sites. You are entirely responsible for maintaining the confidentiality of your information and Access Codes and for all activities that occur under your account. We take no responsibility and assume no liability for any content posted or submitted by you or any users of your account.
Authorized Representatives and Access Codes
Some areas of our Sites are restricted to authorized representatives. The FORM Content contained in such restricted areas is confidential to us and is provided for business use only. We reserve the right to prohibit access or use to these restricted areas where we determine that such use interferes with our Sites’ operations or that such use results in commercial benefits or other entities to our detriment. [If you are an authorized representative of a travel agent using our Sites, we have provided you with a unique password so that access to information related to your company and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password and any other Access Codes. We do not assume any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a company representative, holding the password, leaves your company or you suspect that knowledge of the password is no longer limited to those that you have authorized.
Suppliers: In order to offer the services related to our Sites and fulfill reservations or orders you place on the Sites, we may use third party suppliers. You acknowledge and agree that, the and suppliers providing travel or other services for us may be independent contractors, and not our agents or employees.
Advertisements: Our Sites includes links to other websites. We provide such links solely as a convenience to you and for informational purposes only. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms & Conditions and our Privacy Statement will no longer apply. We are not responsible for the Terms & Conditions or privacy policies of those third-party websites or the cookies they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that we are not responsible for the availability of such third-party sites or resources, and that we do not endorse or are responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
Exclusion of Warranty and Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND FORM CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR FORM CONTENT WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE, UP TO DATE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR FORM CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Errors: The Sites may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to FORM Content, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Accessibility: Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Sites without notice and we will not be liable if for any reason our Sites are unavailable at any time or for any period.
Geographic Limitations: Our Sites contain information on our worldwide products and services, not all of which are available in every location. A reference to our product or service on one of our Sites does not imply that such product or service is or will be available in your location.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AGENTS, REPRESENTATIVES OR LICENSORS, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITES, ANY WEBSITES LINKED TO THEM AND ANY MATERIALS POSTED ON THEM, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; AND 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. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR 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.
Indemnification and Attorney’s Fees
You agree to indemnify and hold us and our affiliates, officers, directors, agents and employees harmless from any demands, claims or actions brought against us, including reasonable attorney's fees, by any third party due to or arising out of your breach or violation of these Terms & Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request. If we take any action to enforce these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right, at our discretion, to change and or modify portions of these Terms & Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms & Conditions periodically for changes. The effective date of these Terms & Conditions is the date first mentioned above and your continued use of our Sites after such effective date constitutes your agreement to such changes.
These Terms & Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms & Conditions together with those incorporated herein or referred to herein (including, without limitation, the Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on our Sites.
Denial of Access and Termination
We reserve the right to terminate you’re your access to the Sites, your account and any related services at our sole discretion, at any time and without prior notice to you without any liability whatsoever to you.
Governing Law and Dispute Resolution
These Terms & Conditions shall be construed and enforced under the laws of the Dubai International Financial Centre (“DIFC”). You specifically agree and submit to the jurisdiction of the DIFC Courts and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of our Sites. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be executed by contract.
If you have questions about these Terms & Conditions, please send an e-mail to firstname.lastname@example.org.
Best Rate Guarantee Terms & Conditions
We guarantee you the best available rate when you book a room through our official FORM Hotel website. [If you find a lower publicly available rate (“Reduced Rate”) on another platform within twenty four (24) hours of making your booking, we will match the Reduced Rate, subject to the following terms and conditions:
1. Reservations must be made through our FORM official website.
2. The Reduced Rate must be for the same type of accommodation, which means the same room type, with the same dates and length of stay, same number of guests, with a similar view or room size, same designation as either cancellable or non-cancellable, same advance purchase policies and the same terms and conditions governing the room rate.
3. You must submit a claim to email@example.com indicating your:
- first and last name;
- e-mail address;
- FORM confirmation number;
- check-in date, check-out date;
- number of adults and children;
- total rate (excluding local authority charges and service charges);
- the total competing rate;
- and the URL of the competing offer.
4. A claim must be submitted no more than twenty-four (24) hours after making a reservation through FORM’s direct channel, and at least forty-eight (48) hours before the standard check-in time. The claim will be processed within twenty-four (24) hours.
5. You may submit only one (1) claim for each stay. A stay means the total number of consecutive nights spent at FORM by the same guest or guests. You must complete the stay.
6. Rate comparisons will be made net of local authority charges, gratuities, service charges, early departure fees, or other fees and incidental charges. Discounted amenities or services offered as part of the Reduced Rate will be excluded from the rate comparison and will not be provided by FORM when matching the Reduced Rate.
7. FORM reserves the right to deny a claim, if it cannot independently verify the availability of a Reduced Rate at the time it processes the claim. The Reduced Rate must be bookable on another website. Advertised or inquiry only rates do not qualify.
8. FORM may at any time and without notice terminate or restrict a person’s ability to submit a claim under or otherwise benefit from the Best Rate Guarantee if in its sole discretion FORM determines that such person has: (a) acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) submitted multiple invalid Best Rate Guarantee claims; (d) failed to stay at FORM after receiving approved Best Rate Guarantee claims; or (e) breached any of these terms and conditions.
9. The Best Rate Guarantee does not apply to existing reservations that are not booked through the FORM website, and FORM is not responsible for any fees associated with cancelling a reservation made through a different platform.
10. The Best Rate Guarantee will be suspended during times where FORM’s website or certain rates are not available due to an outage, a technical issue or a circumstance beyond FORM’s control.
11. Any disputes arising out of or related to the Best Rate Guarantee or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws in which FORM is located.
12. Unless prohibited by law, FORM reserves the right to amend, revise, supplement, suspend or discontinue the Best Rate Guarantee program and the terms and conditions at any time in its sole discretion and without prior notice.
Our Best Rate Guarantee does not apply to the following:
1. Reservations booked via non-FORM websites.
2. Hotel packages or travel packages that may include hotel, airfare, car rental, food and beverage offers or other similar packages or amenities.
3. Discount or negotiated rates not available to the general public, including but not limited to membership rates; corporate, government, promotional, unpublished, packaged or opaque rates; group or other specially negotiated rates or rates available on closed membership sites; or rates attained through the use of third-party discount codes or coupons.
4. Auction sites or sites on which reservation holders are reselling confirmed reservations.
5. Reservations made within twenty-four (24) hours of arrival.
6. Taxes, gratuities, service charges, early departure fees or other fees and incidental charges.
7. Rate disparities due to fluctuations, rounding or differences in currency exchange rates.