1 – Definitions and Interpretation
- a) The following expressions shall have the following meanings in these terms and conditions:
- "We", "us", “our” "Company" and “AMOMA.com” shall mean AMOMA SARL, a company registered in Switzerland with company number CHE-369.842.269 which has its registered office at Quai Wilson 45, 1201 Geneva, Switzerland; and AMOMA RESERVATION, a company registered in Spain with company number A 767 701 22 which has its registered office at Place Weyler 7, 38008 Santa Cruz de Tenerife, Spain.
- “AMOMA.com’ supplier” or “supplier” shall mean a hotel, or an agent acting for one hotel or several hotels, supplying to AMOMA.com; and
- "you" and “your” shall mean the individual person creating an account with us and / or booking a reservation through us by using our website or by calling our call centre.
- b) In these terms and conditions (except where the context requires):
- the clause headings are for convenience only and shall not affect the interpretation of this Agreement;
- use of the singular includes the plural and vice versa; and
- use of any gender includes the other genders.
- c) Your use of our website and all the bookings you make through us in our capacity as a booking centre are subject to the following terms and conditions which we can modify at our sole discretion at any time. You agree to be bound by the terms and conditions in effect at the time your booking is made.
2 – General terms and conditions
- a) The information, software, products and services that are published, displayed or used on this website may include inaccuracies or typographical errors and AMOMA.com and its suppliers will not, therefore, be liable for any inaccuracies displayed on the website relating to, amongst other things, the following:
- hotel photographs;
- hotel property;
- product descriptions; or
- lists of hotel amenities displayed on the website.
- b) Hotel ratings displayed on this website are intended only as general guidelines. AMOMA.com does not, therefore, guarantee the accuracy of the ratings, which may change from time to time. Any reliance you place on such ratings is at your own entire risk
- c) AMOMA.com may make improvements and /or change the website at any time. AMOMA.com and its suppliers make no representation about the suitability of the information, software, products and services contained on this website for any purpose, and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by AMOMA.com or its suppliers. All such information, software, products and services are provided "as is" and without warranty of any kind. AMOMA.com and / or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and service, including all implied warranties and conditions of sale, to the full extent permitted by law.
- d) AMOMA.com’ suppliers are independent contractors and not agents or employees of AMOMA.com. AMOMA.com is not liable for a supplier’s acts, errors, omissions, representations, warranties, breaches or negligence or for any losses, personal injuries, death, property damage, or other damages or expenses arising out any act or omission of a supplier.
- e) AMOMA.com and its suppliers have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure event (see clause 11. a) below) or other causes beyond their direct control.
- f) By offering hotels in international destinations for booking, AMOMA.com does not warrant that travel to such destinations is without risk. Accordingly, AMOMA.com will not be liable for any damages or losses that may be incurred by you as a result of you travelling to such destinations.
You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions.
AMOMA.com cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments from which you originate. It is your responsibility to obtain whatever travel documents are required.
- g) The tax charge on AMOMA.com’ hotel transactions is a recovery of all applicable transaction taxes (including but not limited to sales and use, occupancy, room tax and excise tax) that AMOMA.com pays its suppliers in connection with your travel arrangements. Taxability and the appropriate tax rate can vary greatly by location. AMOMA.com' actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates, taxability in effect at the time of the actual use of the hotel by a customer and AMOMA.com is under no obligation to account to you or refund you in this regard.
- h) Currency rates displayed on our website are not verified or guaranteed by AMOMA.com as being accurate and should be used as guidelines only. Rates are not updated every day and actual rates may vary.
- i) AMOMA.com charges your credit card, debit card or PayPal account (as applicable) in the currency displayed on the payment page and does not assume any exchange charge issued by your bank. For clarity, AMOMA.com will not refund any such charge to your credit card, debit card or PayPal account.
- j) The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, AMOMA.com and AMOMA.com affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, AMOMA.com expressly reserves the right to correct any pricing errors on our website on pending and/or confirmed reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty. It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. AMOMA.com is not responsible for any inaccuracies in the photos.
3 – Booking conditions
- a) Your booking will become confirmed and final only after receipt of your payment and confirmation is sent by us via an email with your hotel voucher. The booking will be considered confirmed at the time and date AMOMA.com send you the confirmation. However, in the event of a request for booking, our Customer Support team will process your request and your booking will only be confirmed upon receipt of a confirmation and voucher by email from our Customer Support team.
- b) AMOMA.com is not responsible for any error in the data that you provide to us on the website (including, but not limited to, the wrong email address, wrong telephone number, wrong travel dates and wrong destination)
4 – Booking payment
- a) AMOMA.com accepts different types of Payment Methods through its payment service providers:
- Visa, Mastercard and American Express debit or credit cards,
- Bankwire transfer,
- Additional Payment Methods such as PayPal and others
- b) You must pay the booking in full, your Payment Method will be charged by AMOMA.com for the total amount of the booking upon reservation and confirmation.
Exceptionally, AMOMA.com may, at sole discretion, offer you the option to pay a low deposit for certain bookings (called “Early Booking”). This will be indicated next to the specific hotel in your search results. An Early Booking requires a partial payment at the time of reservation and confirmation and a secondary payment consisting of the total balance due at a future point in time, as communicated on AMOMA.com and in your confirmation email. The later payment will be automatically collected on the due date. You must make sure that the Payment Method is valid and has sufficient funds at the time of the balance payment. In case the Payment Method cannot be charged for whatever reason, you can pay the remaining balance using a valid payment method. If the payment is not authorised in due time, the booking will be cancelled.
You authorise AMOMA.com to book reservations for the total reservation price and to charge your Payment Method for the respective price. You agree that AMOMA.com‘s payment service providers can securely store your Payment Method details, which can subsequently be used by AMOMA.com for later payment or refunds of your booking. Upon submitting your reservation request, you authorise AMOMA.com to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
For payments made online via amoma.com, you will not pay the hotel directly for the hotel room or service mentioned on the AMOMA.com booking voucher. Only bookings with payment at the hotel will allow you to pay for your reservation once you arrive at the establishment. These 2 payment options are clearly displayed during the booking process.
- c) AMOMA.com reserves the right to delegate the management of all or part of their electronic payment collection (Visa, Mastercard, American Express, PayPal) to its subsidiaries or third party payment service providers.
- d) If your chosen hotel is not available and we provide you with an alternative option, your Payment Method will only be charged if you accept the new hotel and the new rate offered. If you do not accept the given alternative, no charge will be made to your Payment Method by AMOMA.com.
- e) AMOMA.com may charge a fee depending on the Payment Method used (henceforth referred to as “Payment Method Fee”). AMOMA.com does not apply Payment Method Fees for VISA and MasterCard personal cards issued in Europe.
- f) AMOMA.com reserves the right to use payment service providers outside of your residential area. AMOMA.com informs you that your transaction could thus be considered an international transaction by your Payment Method's issuing bank and could therefore be subject to an extra fee by the issuing bank.
All the Payment Method Fees, including international transaction fees, charged by your card’s issuing bank, are only reimbursed by AMOMA.com under the following, single circumstance:
The “residential zone hotel reservation” is defined by the following two cumulative criteria:
1. The reservation was paid in your country of residence’s currency AND
2. The hotel you reserved is located in your country of residence.
AMOMA.com commits, for your “residential zone hotel reservation”, upon the express request and upon the presentation of necessary supporting documents (including but not limited to: a copy of your passport, residence permit and the receipt of your international transaction fee payment), to reimburse as follows:
For Switzerland, there are no claim period conditions for international transaction bank fees levied by your card’s issuing bank.
For all other countries, the limit is set at the amount of the Payment Method Fees initially applied and within a time limit of 90 days after the reservation date for international transaction bank fees levied by your card's issuing bank.
- g) AMOMA.com is not subject to VAT, therefore no VAT invoice will be issued.
5 – Room types displayed on our website
- The following room and item descriptions on the AMOMA.com website shall have the following meaning:
- Single room
- One single bed. Suitable for one person.
- Twin room
- Two single beds in the same room. Suitable for two people.
- Double room
- One double bed. Suitable for two people.
- Triple room
- Twin or double bed/s plus extra bed, or two double beds. Most hotels do not have one full size bed for each guest in their triple rooms.
- Twin/double room for sole/single use
- Two single beds or one double bed in the same room, to be occupied by one person.
- Quadruple room
- Twin or double bed/s plus extra beds, or two double beds. Most hotels do not have one full size bed for each guest in their quadruple rooms.
- Twin/Double + child
- Twin or double room with an extra bed suitable for a child aged between 2 and 12 years.
- Cot/cradle or crib
- Suitable for a child under the age of 2 years.
6 – Extras and facilities
- a) You must make payment for any extras (such as incidental charges, meals, meal supplements, mini-bar, dry cleaning and laundry) directly to the hotel and always prior to your departure from the hotel.
- b) Outdoor swimming pools are generally open during summer season only. The availability of an outdoor swimming pool facility, or any other hotel facility, is subject to the hotel's own terms and conditions. For the avoidance of doubt, AMOMA.com will not be liable in any circumstances where a hotel facility (whether quoted on the AMOMA.com website or not) is not available to you for any reason whilst you are staying at the hotel.
- c) - Some properties/hotels/suppliers reserve the right to request a deposit upon check-in. The payment is arranged by the individual property/hotel/supplier, independently of AMOMA.com, and it is thus not included in the final price you pay on our site during your booking.
7 – Cancellation policy, No Show, Amendments
- a) When you are completing the online hotel reservation form, the applicable cancellation policy is displayed. The cancellation policy varies from hotel to hotel and is directly connected with your arrival date, so you must read each one carefully. Some reservations are non-refundable in all circumstances and cannot be cancelled after booking. Please read the specific cancellation policy provided for each hotel on the website and in any emails regarding your reservation.
- b) If you arrive late on your scheduled check-in day, decide to check out earlier than stated on your hotel voucher, or fail to arrive at the hotel (no-show), AMOMA.com will not issue any refunds.
- c) You can make amendments to your reservation if it does not have a "Non-refundable" cancellation policy as stated by the Hotels terms and conditions and/or the AMOMA.com website. Any modification to a "Refundable" booking will incur in the administrative fee stated at the moment of the booking. Please note that in some cases, you may be charged for the cancellation fee in accordance with the hotels' cancellation policy if the amendment is made after a certain date or falls under an exception.
- d) For modifying the dates of your booking please log in to your AMOMA.com account and use the "Change my dates" form. For other type of modifications use the "Send a message" form. Our Customer Support team will get back to you with a detailed answer within 24 hours from the receipt of your request. Reservations not amended through AMOMA.com will become subject to a 100% charge to be applied.
- e) In the event of a confirmed booking becoming unavailable before the check in date, AMOMA.com will offer a full refund. Where we have prior notice we will contact you by e-mail. However, upon check-in, if the original hotel booked is closed, over booked or has maintenance problems and cannot provide the room(s) booked., you accept that the hotelier is responsible for finding you alternate accommodation of a similar standard and/or for providing you with a refund and there shall be no liability on AMOMA.com to provide you with a refund or alternative accommodation.
8 – Refund
- Where a refund is properly due to you, AMOMA.com will refund your credit card, debit card or paypal account within 5 working days from the receipt of your cancellation or amendment email.
9 – Acceptable Use
- a) In using this website you agree and warrant that you:
- will use this website strictly for personal and non-commercial purposes only and you acknowledge that use of the website for any other purpose is prohibited;
- will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the website, specifically including information relating to hotel pricing and availability, whether or not by the use of spiders or other "screen scraping" software or system used to extract data;
- will not use the website to provide AMOMA.com’ hotel bookings or details of hotel pricing and availability or other information to any other persons or organisations, other than for your personal and non-commercial use; and
- will not use this website for any purpose that is either unlawful or not allowed under these terms and conditions.
- b) - To make a booking on AMOMA.com you must be at least 18 years of age (or the legal minimum age in countries where it is higher than 18). By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use this website in accordance with all terms and conditions. AMOMA.com does not compensate any expenses incurred by bookings placed by minors.
- c) All content on the website is subject to copyright or other intellectual property rights owned by AMOMA.com or its suppliers and may not be used by you, except as expressly permitted in these terms and conditions.
- d) AMOMA.com will determine whether there has been a breach of these terms and conditions through your use of the website. If a breach of this Policy has occurred, AMOMA.com may take such action as it deems appropriate including denying you access to the website, bringing legal proceedings against you and disclosing such information to law enforcement authorities as AMOMA.com feels appropriate.
- e) If you do not agree with these terms and conditions, you must not use this website.
10 – Indemnity
- You agree to indemnify and hold harmless AMOMA.com, its suppliers and any of our or their officers, directors, employees and agents from and against any claims, causes of action, losses, damages, fines, penalties or other costs or expenses (of any kind), brought by any third party against AMOMA.com as a result of your use of this website or your failure to comply with these terms and conditions.
11 – General
- a) Force Majeure: AMOMA.com shall not be liable for any failure or delay in the performance of its obligations under these terms and conditions if the failure or delay is caused by any acts of god, natural catastrophe, war, civil commotion, industrial disputes, internet outage, terrorism, flood, earthquake, epidemic or any other circumstance beyond its reasonable control.
- b) Entire Agreement: These terms and conditions constitute the entire agreement between the parties relating to the services and products provided by AMOMA.com and supersede any previous agreement (whether written or oral) relating to the same. No representation, warranty, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations us and you, except as expressly stated in these terms and conditions.
- c) Governing Law and Jurisdiction: This Agreement shall be governed by the laws of Switzerland for payments processed by AMOMA SARL, and by the laws of Spain for payments processed by AMOMA RESERVATION, whose courts shall have sole jurisdiction in relation to all matters arising out of or in relation to the services and products provided by AMOMA.com under these terms and conditions.
- d) No joint Venture: No joint venture, partnership or agency relationship of any kind is created or arises as a result of your use of this website.
- e) Severability: If any provision contained in these terms and conditions is or becomes invalid, illegal or unenforceable, the remaining provisions shall survive unaffected.
All rights in this website and these terms and conditions (including all intellectual rights) are fully reserved by AMOMA.com.