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Terms & Conditions

  1. Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our PNG Hotels’ use of cookies in accordance with the terms of PNG Hotels’ privacy policy / cookies policy.

  1. Definitions

“Content” includes all Text, Graphics, Design and Programming used on the Site.

“Design” includes the colour combinations and the page layout of the Site “Programming” includes both client-side code (HTML, JavaScript) and server-side code (Active Server Pages, VB Script, databases) used on the Site

“Graphics”includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

“Services” means any services provided by PNG Hotels or its agents as described herein.

“Site” refers to the website with the following address www.pnghotels.com.

“Terms and Conditions” refers to this Terms and Conditions as amended from time to time.

“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.

“User” refers to any individual or entity that uses any aspect of this Site.

“You” or “you”means the person who (r the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions

  1. General use of website

This Site is intended for individuals seeking hotel accommodation in Papua New Guinea. You may use this Site only for lawful purposes as prescribed in clause 3.

  1. Our Service

(a) PNG Hotels provides an online platform through which all types of temporary accommodations (for example hotels, motels, hostels and bed & breakfasts, collectively the “accommodation(s)”), can advertise their rooms for reservation, and through which visitors to the website can make such reservations.

(b) By making a reservation through PNG Hotels, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.

(c) When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on PNG Hotels. PNG Hotels does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.

(d) PNG Hotels’ services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on PNG Hotels website for any commercial or competitive activity or purpose

  1. Use of website

1. Licence to Use by Users who are guests

PNG Hotels hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your search of temporary accommodation. This authorises you to view and book temporary accommodation online. Your use of the Site is a privilege. PNG Hotels reserves the right to suspend or terminate your access and use at any time if PNG Hotels determines that you are in breach of the Terms and Conditions

2.Licence to Use by Users who are owners of hotels

PNG Hotels hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your business of providing temporary accommodation to your clients. This authorises you to view and upload information relating to the temporary accommodation services you provide. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. PNG Hotels reserves the right to suspend or terminate your access and use at any time if PNG Hotels determines that you are in breach of the Terms and Conditions.

  1. Payment Terms

1. If you checkout (entering of bank card details) happens on https://www.pnghotels.com, PNG Hotels shall be responsible for the privacy of your card.

2.If PNG Hotels is using a PCI DSS compliant security provider, the security terms will also be covered by terms and conditions of the PCI DSS compliant security provider.

3.If the checkout happens on another website URL, then that URL is responsible for the security of your credit card information.

  1. Acceptable use

1.You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

3.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website PNG Hotels’ express written consent.

4.You must not use this website to transmit or send unsolicited commercial communications.

5.You must not use this website for any purposes related to marketing without PNG Hotels’ express written consent.

  1. Restricted access

1.Access to certain areas of this website is restricted PNG Hotels reserves the right to restrict access to other areas of this website, or indeed this entire website, at PNG Hotels’ discretion.

2.If PNG Hotels provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

3.PNG Hotels may disable your user ID and password in PNG Hotels’ sole discretion without notice or explanation.

  1. User content

1.In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

2.You grant to PNG Hotels a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to PNG Hotels the right to sub-license these rights, and the right to bring an action for infringement of these rights.

3.Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or PNG Hotels or a third party (in each case under any applicable law).

4.You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

5.PNG Hotels reserves the right to edit or remove any material submitted to this website, or stored on PNG Hotels’ servers, or hosted or published upon this website.

6.Notwithstanding PNG Hotels’ rights under these terms and conditions in relation to user content, PNG Hotels does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

  1. No warranties

1.This website is provided “as is” without any representations or warranties, express or implied. PNG Hotels makes no representations or warranties in relation to this website or the information and materials provided on this website.

2.Without prejudice to the generality of the foregoing paragraph, PNG Hotels does not warrant that:

(a) this website will be constantly available, or available at all; or

(b) the information on this website is complete, true, accurate or non-misleading

3.Nothing on this website constitutes, or is meant to constitute, advice of any kind.

  1. Limitations of liability

1.PNG Hotels will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

(a) to the extent that the website is provided free-of-charge, for any direct loss;

(b) for any indirect, special or consequential loss; or

(c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

2.These limitations of liability apply even if PNG Hotels has been expressly advised of the potential loss.

  1. Exceptions

1.Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit PNG Hotels’ liability in respect of any:

(a) death or personal injury caused by PNG Hotels’ negligence;

(b) fraud or fraudulent misrepresentation on the part of PNG Hotels; or

(c) matter which it would be illegal or unlawful for PNG Hotels to exclude or limit, or to attempt or purport to exclude or limit, its liability.

  1. Reasonableness

1.By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

2.If you do not think they are reasonable, you must not use this website.

  1. Other parties

1.You accept that, as a limited liability entity, PNG Hotels has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PNG Hotels’ officers or employees in respect of any losses you suffer in connection with the website.

2.Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect PNG Hotels’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PNG Hotels.

  1. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

  1. Indemnity

You hereby indemnify PNG Hotels and undertake to keep PNG Hotels indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PNG Hotels to a third party in settlement of a claim or dispute on the advice of PNG Hotels’ legal advisers) incurred or suffered by PNG Hotels arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

  1. Breaches of these terms and conditions

Without prejudice to PNG Hotels’ other rights under these terms and conditions, if you breach these terms and conditions in any way, PNG Hotels may take such action as PNG Hotels deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

  1. Variation

PNG Hotels may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

  1. Assignment

1.PNG Hotels may transfer, sub-contract or otherwise deal with PNG Hotels’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

2.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

  1. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Entire agreement

These terms and conditions constitute the entire agreement between you and PNG Hotels in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

  1. Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Papua New Guinea and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Papua New Guinea.

Last updated: 26-06-2016 . VIEW PDF Version