Terms of Service – HotelsWave (OTA)

Effective date: [DD Month YYYY]

Last updated: [DD Month YYYY]

1) Overview and Agreement

The use of the HotelsWave website, mobile applications, and related services (collectively, the “Services”) is governed by these Terms of Service (“Terms”). By accessing or using the Services, a binding agreement is formed between the user and the legal entity identified below. If a separate written agreement has been executed with the legal entity for particular services, that agreement shall prevail to the extent of any inconsistency.

  1. Legal Entity (Controller/Operator): [HotelsWave FZ‑LLC / Hotels Wave Co. – confirm legal name]
  2. Registered Address: [Address line, City, Country]
  3. Contact: [support@hotelswave.com] | [+XX‑XXXX‑XXXX]

The Privacy Policy forms an integral part of these Terms.

2) Definitions

  1. “User” refers to any visitor, account holder, traveler, or representative acting on behalf of an organization.
  2. “Booking” refers to a reservation for accommodation or related travel services made through the Services.
  3. “Accommodation Partner” refers to hotels, apartments, villas, and other lodging providers whose inventory is made available through the Services.
  4. “Agency Model” refers to a model in which the Accommodation Partner charges the user at the property, with HotelsWave acting as agent.
  5. “Merchant Model” refers to a model in which HotelsWave (or its designated payment processor) charges the user at the time of booking and remits funds to partners per agreed terms.

3) Eligibility and Account Registration

Use of the Services is intended for persons who have reached the legal age of majority in their jurisdiction and are capable of forming a binding contract. Accounts may be created to manage bookings and preferences. Accurate and current information should be maintained. Credentials are expected to be safeguarded, as actions under an account may be attributed to the account holder.

4) Scope of Service and Role

The Services facilitate the discovery, comparison, and reservation of accommodation and related travel services. Availability, descriptions, amenities, policies, and rates are provided by Accommodation Partners or their connectivity providers. The Services may operate under both the Agency Model and the Merchant Model depending on the specific booking. The entity acting as merchant of record will be indicated during checkout or on the receipt.

5) Booking Process and Contract Formation

A booking request is submitted through the Services and is subject to acceptance by the relevant Accommodation Partner or by HotelsWave where the Merchant Model applies. A contract for accommodation is formed with the Accommodation Partner in Agency Model scenarios, and with HotelsWave as seller of record in Merchant Model scenarios. Confirmation details (including the provider of record, total price, applicable taxes/fees, and cancellation/no‑show policy) are displayed before payment and summarized in the confirmation communication.

6) Pricing, Taxes, and Fees

Prices are displayed in the chosen or default currency for convenience. Currency conversion, where shown, is provided for reference and may fluctuate. Taxes, service charges, resort or city fees, and other mandatory charges may be included or itemized separately, as indicated prior to confirmation. Additional charges (e.g., security deposits, incidentals, tourism or municipality fees) may be collected directly by the Accommodation Partner at check‑in or check‑out according to local policy.

7) Payments and Authorizations

  1. Merchant Model: Payment is processed by HotelsWave or an authorized payment service provider; card tokenization and 3‑D Secure may be applied where supported.
  2. Agency Model: Card details may be collected to secure the booking or guarantee late arrival; payment is typically settled at the property per the property’s policy.
  3. Fraud Prevention: Pre‑authorization, temporary holds, and verification checks may be performed to mitigate fraud and manage credit risk.
  4. Chargebacks and Disputes: Evidence related to the booking and stay may be submitted to payment providers for dispute resolution.

8) Cancellations, Modifications, No‑Shows, and Refunds

Cancellation, modification, and no‑show terms are displayed prior to confirmation and will govern the outcome.

  1. Refundable Rates: Refund eligibility follows the stated deadline and conditions.
  2. Non‑Refundable/Partially Refundable Rates: Amounts may be non‑returnable or subject to specified deductions.
  3. No‑Shows/Early Departure: Charges may be applied in line with the selected rate policy.
  4. Processing times for refunds depend on banks and payment networks. Any applicable fees (including currency conversion differentials) are borne as indicated by the payment provider’s rules.

9) Special Requests and Accessibility

Preferences and special requests (including accessibility needs) may be recorded during the booking process and will be forwarded to the Accommodation Partner. Fulfillment is not guaranteed and depends on availability and feasibility at the property.

10) User Responsibilities and Acceptable Use

Use of the Services is expected to be lawful and respectful. The following activities are not permitted:

  1. Misrepresentation of identity or booking details, use of stolen payment instruments, or abusive chargeback practices.
  2. Scraping, indexing, or bulk extraction of data beyond what is allowed by robots.txt or applicable APIs.
  3. Reverse engineering or interfering with platform security, performance, or rate integrity.
  4. Posting content (e.g., reviews) that is unlawful, defamatory, obscene, infringing, or deceptive.

Accounts may be suspended or terminated, and bookings may be canceled, where misuse, fraud, or policy violations are reasonably suspected.

11) Reviews and User Content

Reviews, photos, and feedback may be submitted where features allow. A worldwide, non‑exclusive, royalty‑free license to host, reproduce, publish, adapt, and display submitted content on or in connection with the Services is granted by the user, to the extent permitted by law. Content moderation may be performed to enforce these Terms and protect users and partners.

12) Third‑Party Services and Links

Third‑party services (including channel managers, PMS/CRS/GDS providers, payment processors, messaging platforms, and mapping tools) support the Services. Their terms and privacy practices apply to their respective components. Liability arising from third‑party acts or omissions is disclaimed to the extent permitted by law.

13) Privacy and Data Protection

Personal data handling is described in the Privacy Policy available at [https://hotelswave.com/privacy] (URL to be confirmed). Processing may include international transfers subject to appropriate safeguards. By using the Services, the practices described in the Privacy Policy are acknowledged.

14) Intellectual Property

All intellectual property rights in the Services, including content, software, trade names, trademarks, logos, and design elements, are owned by HotelsWave or its licensors. Access is provided on a limited, revocable, non‑transferable basis for personal, non‑commercial use in accordance with these Terms. All rights not expressly granted are reserved.

15) Software, Mobile Apps, and Beta Features

Where software or mobile apps are provided, a limited, non‑exclusive license is granted to install and use one copy on supported devices for access to the Services. Beta or experimental features may be made available for testing; such features are provided “as is” and may be modified, suspended, or withdrawn without notice.

16) Service Changes, Availability, and Maintenance

Service features and availability may vary by location, partner connectivity, and time. Planned or unplanned maintenance may result in temporary unavailability. Reasonable efforts are applied to restore availability; service level guarantees are not provided to consumer users unless expressly stated.

17) Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. No representation, warranty, or guarantee is given regarding uninterrupted access, error‑free operation, accuracy of partner‑provided content, or suitability for a particular purpose. Statutory consumer rights that cannot be excluded remain unaffected.

18) Limitation of Liability

To the maximum extent permitted by law, indirect, incidental, special, consequential, or punitive damages are disclaimed. Aggregate liability arising from or relating to the Services shall be limited to (a) the total amount paid for the booking giving rise to the claim, or (b) [USD/EUR/SAR ___], whichever is higher. This limitation does not apply to liability that cannot be limited under applicable law.

19) Indemnity

To the extent permitted by law, responsibility shall be assumed by the user to hold HotelsWave, its affiliates, and personnel harmless from claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (i) breach of these Terms; (ii) misuse of the Services; (iii) violation of applicable laws or third‑party rights.

20) Force Majeure

Performance may be excused for events beyond reasonable control, including acts of God, natural disasters, public health emergencies, war, terrorism, labor disputes, utility failures, major internet outages, or government actions, for the duration of the event and to the extent of its impact.

21) Sanctions, Export, and Anti‑Bribery Compliance

Use of the Services is expected to comply with applicable sanctions, export control, and anti‑corruption/anti‑bribery laws. Services are not intended to be used in jurisdictions or by persons where such use would breach applicable restrictions.

22) Local Law, Consumer Rights, and Mandatory Terms

Nothing in these Terms is intended to limit mandatory consumer protection or data protection rights under applicable law. Where local law imposes non‑waivable obligations (e.g., cooling‑off rights, display of taxes/fees, accommodation guest‑record requirements), such obligations shall be honored.

23) Governing Law and Dispute Resolution

  1. Governing Law: [Select one: Laws of the Kingdom of Saudi Arabia / Laws of the United Arab Emirates (e.g., Dubai) / Laws of England & Wales] without regard to conflict of laws principles.
  2. Jurisdiction: [Exclusive jurisdiction of the courts of ______].
  3. Alternative Resolution (optional): Mediation or arbitration may be agreed upon in writing, using [institution/rules], seat in [city], language [language].

24) Changes to the Terms

These Terms may be updated periodically to reflect changes in Services, legal requirements, or industry practices. The “Effective date” will indicate the latest version. Continued use after updates indicates acknowledgment of the revised Terms.

25) Assignment

Rights and obligations under these Terms may be assigned or transferred by HotelsWave to an affiliate or in connection with a merger, acquisition, or sale of assets. Users may not assign or transfer their rights or obligations without prior written consent, except where assignment is required by mandatory law.

26) Severability, Waiver, and Entire Agreement

If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, and the remainder shall continue in effect. No waiver shall be inferred from a failure to enforce. These Terms, together with the Privacy Policy and the booking confirmation details, constitute the entire agreement for consumer use of the Services, unless a separate signed agreement applies.

27) Contact

Questions or concerns regarding these Terms may be directed to:

Email: [support@hotelswave.com]

Address: [Address line, City, Country]

Annex A – Booking Policy Summary (Non‑Contractual, For Convenience Only)

  1. Check‑in Requirements: A government‑issued ID/passport and a payment card in the booker’s name may be requested by the property.
  2. Security Deposit: A refundable deposit may be requested by the property for incidentals.
  3. Children/Extra Beds: Policies vary by property and room type.
  4. Taxes/Fees: Local taxes, tourism fees, resort fees, and municipality charges may apply.
  5. Modifications: Date or name changes are subject to availability, fare differences, and property policy.
  6. Cancellation/No‑Show: Charges apply per the selected rate’s conditions.

Publication Notes (to be finalized before go‑live)

  1. The legal entity name, registered address, governing law/jurisdiction, payment currency, and support contacts should be inserted.
  2. The Privacy Policy URL should be verified and cross‑linked.
  3. Where operations target KSA and UAE, alignment with applicable consumer protection and e‑commerce laws should be confirmed by local counsel.
  4. An Arabic version can be provided for parallel publication. If translations are provided, the English or the Arabic version may be designated as the controlling text in case of discrepancy.