PREMIER INN BUSINESS TERMS AND CONDITIONS

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (<b>Terms</b>) on which we provide our Business Booker tool (the Service). The Terms will apply to your use of the Service. Please note that in addition to these Terms, our Booking Terms & Conditions will apply to any bookings made through the Service (Bookings). 

Please read the Terms carefully and make sure that you understand them, before using the Service. By clicking "I Accept" you confirm that you accept the Terms and that you agree to comply with them.  Please understand that if you refuse to accept the Terms you will not be able to use the Service. 

    1. Information about us

    1.1 We operate the Service through the website located at www.business.premierinn.com. We are Whitbread Group PLC, a company registered in England and Wales under company number 29423 and with our registered office at Whitbread Court, Houghton Hall Business Park, Porz Avenue, Dunstable, Bedfordshire, LU5 5XE. Our VAT number is 243292864.

    1.2 To contact us, please call 0333 001 3206 or email business@premierinn.com Back to top

    2. Changes to these terms

    We may amend the Terms at any time. Please check these Terms from time to time to take notice of any changes we make, as they are binding on you Back to top

    3. Service

    3.1 The Service is made available to businesses, who can allow their authorised employees, agents and independent contractors ( Authorised Users) to use the Service to make Bookings.

    3.2 In order to create an account you must provide certain details by filling out the online form.

    3.3 Once an account is created you can add Authorised Users. You will be given options on how to add Authorised Users. If an Authorised User is invited to use the Service by email they will be sent an email prompting them to activate their profile online. If an Authorised User is added individually or by bulk upload, their profile will exist automatically without the need to activate it. You confirm that each Authorised User created under your account is authorised by you to make Bookings. In the event that an Authorised User uses their own payment card to make Bookings, you confirm that the Authorised User has consented to such use of the payment card. You will assign a user access level to each Authorised Users ( User Access Level). The User Access Levels include:

    (a) Super User: Users with this User Access Level can determine which Service Features are available to Authorised Users, manage the functionality of the Service, download reports and make Bookings for themselves and other people;

    (b) Booker: Users with this User Access Level can make Bookings for themselves and other people;

    (c) Self-Booker: Users with this User Access Level can make Bookings for themselves only; and

    (d) Guest: Users with this User Access Level can view any bookings which have been made for them.

    All of the above categories can manage their own profile. It is your responsibility to add and remove Authorised Users.

    3.4 The Service can be customised to allow you and the Authorised Users to have access to various optional features of the Service ( Service Features). The Service Features available can be tailored for different categories of Authorised Users.

    3.5 We may update the Service from time to time, and may add or remove Service Features or User Access Levels at any time. Back to top

    4. Accounts and passwords

    4.1 Usernames and passwords to use the Service must be treated as confidential and must not be disclosed to any third party.

    4.2 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.

    4.3 If you know or suspect that anyone other than you knows your username and/or password, you must promptly change your username and/or password.

    4.4 In relation to the Authorised Users, you undertake that each Authorised User shall keep a secure password for his use of the Service and that each Authorised User shall keep his password confidential. Back to top

    5. Your obligations

    5.1 You shall:

    (a) ensure that the Service, and that the Service Features made available to Authorised Users are appropriate for your business and for the Authorised Users;

    (b) be responsible for ensuring that all Authorised Users who access the Service are aware of the Terms, and that they comply with the Terms;

    (c) be liable for any Bookings (including payment thereof) made through the Service if you have allowed Authorised Users to use the Payment Feature (as defined in clause 7.2);

    (d) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify us;

    (e) be responsible for making all arrangements necessary in order to access to the Service; and

    (f) be responsible for managing access by Authorised Users, including promptly suspending access rights for any Authorised User who ceases to be employed or engaged by you.

    5.2 You shall not:

    (a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted by the Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the online software applications provided by us as part of the Service ( Software) in any form or media or by any means;

    (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;

    (c) access all or any part of the Service in order to build a product or service which competes with the Service;

    (d) use the Service to provide services to third parties;

    (e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except the Authorised Users; or

    (f) misuse the Service by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. Back to top

    6. Our obligations

    6.1 We do not guarantee that the Service will be free from errors or omissions or will always be available or uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. However, we shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for any planned or unscheduled maintenance.

    6.2 We are not responsible for enforcing your travel policy.

    6.3 We will notify you in the event that any booking alerts that you have set up are contravened by an Authorised User. However, there is no obligation on us to enforce any booking alerts that you have set up and we will not be liable in respect of any contravention of such booking alerts by any Authorised User. You must ensure that you only allow Authorised Users to use the Service Features that are appropriate for your business. Back to top

    7. Charges and payment

    7.1 We provide the Service.

    7.2 An optional Service Feature can allow you to store business account card information to enable you to guarantee or pay for a Booking ( Payment Feature). The storing of business account cards shall be in accordance with our Business Account card terms and conditions. Each business account card can be assigned to any Authorised User. If you allow Authorised Users to use the Payment Feature you authorise us to bill any such business account card or account for any Bookings made through the Service as that payment becomes due pursuant to the Booking Terms and Conditions. Any payment made is made in accordance with our standard Booking Terms and Conditions.

    7.3 If we attempt to take payment for a Booking but such payment is not authorised, you must immediately provide an alternative method of payment. In any case where we do not receive payment for Bookings made through the Service we may immediately, without liability to you and without prejudice to any other rights and remedies we may have, disable your accounts, passwords, and access to all or part of the Service.

    7.4 Clauses 7.4 to 7.13 apply to you if you wish to store your personal or company payment card details on our central system with our prior permission ( Business Booker Card Service). You hereby agree that you:

    (a) consent to the storing of your payment card details for the purposes of facilitating Bookings and payment; and

    (b) authorise us to instigate such payments on your behalf.

    7.5 In the event that you have registered multiple payment cards to your account, at the time of each Booking you shall be required to indicate which payment card is to be used for that particular Booking.

    7.6 It is your sole responsibility to restrict unauthorised access to your computer systems.

    7.7 To the extent permitted by law, you agree to accept responsibility for all and any usage and activities undertaken on your account and for any consequences arising from such usage or activities.

    (a) such details are in your reasonable belief correct and complete;

    (b) you inform us without undue delay of any changes to those details previously provided by updating your account profile through an agreed security procedure, details of which we shall provide to you; and

    (c) the payment card nominated by you for a particular booking has an expiry date that is beyond your planned date of stay.

    7.9 Any disputed transaction arising from use of the Service shall be dealt with in accordance with Clause 6 of our Booking Terms and Conditions.

    7.10 We reserve the right, at any time, to:

    (a) terminate your use of the Business Booker Card Service;

    (b) terminate your account; and

    (c) remove or edit content from your account.

    In providing the Business Booker Card Service we will, where we process any personal data, comply with the terms of our Privacy Policy and clause 8 of these Terms at all times Back to top

    8. Data protection

    8.1 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the data input by you (or by us on your behalf) when using the Service in connection with a booking made for a guest (Guest Data) at the time it is input and you shall be responsible for updating the Guest Data if it changes.

    8.2 You shall ensure, and procure that each Authorised User ensures, that each individual on whose behalf a Booking has been made has been informed of and given their consent to such processing as is set out in our Privacy Policy and shall provide us with such evidence of compliance with this clause 8.2 as we may from time to time require.

    8.3 We both acknowledge that we will each be an independent Data Controller (as defined in the Data Protection Act 1998 ( DPA)) in relation to the Guest Data and may use the Guest Data for our own purposes and decide the manner in and / or purpose for which the Guest Data is processed, subject to compliance with the DPA.

    8.4 We both shall:

    (a) maintain all notifications under the DPA which are required for the performance of our respective obligations under these Terms; and

    (b) in the performance of each parties' respective obligations under these Terms, comply with the DPA.

    8.5 In processing Personal Data (as defined within the DPA) gathered in connection with the Services or in processing any Personal Data in connection with these Terms, neither of us shall, in relation to processing for which it is an independent Data Controller as far as is practicable, do anything, or permit anything to be done, which might lead to a breach by the other of the DPA.

    8.6 Neither of us shall have any liability for the breaches, acts or omissions of the other under the DPA in relation to data processing carried out as an independent Data Controller.

    8.7 In the event of any loss or damage to the Guest Data, your sole and exclusive remedy shall be for us to use our reasonable commercial endeavours to restore the lost or damaged Guest Data from the latest back-up of such Guest Data maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Guest Data caused by any third party. Back to top

    9. Proprietary rights

    9.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Service. Except as expressly stated herein, the Terms do not grant you any rights to, or in, patents, copyrights, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service.

    9.2 You shall own all intellectual property rights in any content you upload to create your profile including, without limitation, any logo or other company trademarks or branding.

    9.3 You grant us an irrevocable, non-exclusive, royalty-free, worldwide perpetual licence to use, copy, modify and create derivative works from your data for the purpose of providing the Service. Back to top

    10. Indemnity

    You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service and any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of you uploading any content to create your profile. Back to top

    11. Limitation of liability

    11.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

    11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.

    11.3 We will not be liable to you or your Authorised Users for any loss or damage, whether in contract, tort (including negligence or breach of statutory duty), or otherwise, even if foreseeable, arising under or in connection with:

    (a) your, or your Authorised Users' use of, or inability to use, the Service; or

    (b) your, or your Authorised Users' use of, or reliance on, any content displayed through the Service.

    11.4

    (a) loss of profits, sales, business, or revenue;

    (b) business interruption;

    (c) loss of anticipated savings;

    (d) loss of business opportunity, goodwill or reputation; or

    (e) any indirect or consequential loss or damage.

    (f) any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.

    11.5 In any event, our total liability to you arising in connection with the Service shall not exceed 500. Back to top

    12. Termination

    12.1 You may de-activate your account at any time by notifying us in writing.

    12.2 In addition to our rights set out in clause 6.1, we may terminate your right to use the Service with immediate effect at any time in our absolute discretion. Back to top

    13. Consequences of termination

    13.1 Any provision of the Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

    13.2 Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination. Back to top

    14. Force majeure

    14.1 We shall have no liability to you if we are prevented from or delayed in performing our obligations under the Terms, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. We shall endeavour to notify you of such an event and its expected duration. Back to top

    15. General

    15.1 Entire Agreement:
    The Terms, and any documents referred to in them, including for the avoidance of doubt the Booking Terms and Conditions, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us relating to the subject matter they cover.

    15.2 Third party rights:
    The Terms do not confer any rights on any person or party, pursuant to the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the Terms do not confer any rights on the Authorised Users.

    15.3 Assignment:
    (a) You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Terms.

    (b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Terms

    15.4 Governing law and jurisdiction:
    The Terms and any disputes or claims arising out of or in connection with them are governed by, and construed in accordance with, the law of England and you irrevocably submit to the exclusive jurisdiction of the English courts. Back to top