Online Terms & Conditions
The following terms and conditions, as may be amended from time to time, shall apply to all RMS booking services provided directly or indirectly (through partners) that are made available online, through any mobile device, by email or telephone (“RMS Online”)
These terms and conditions apply to both:
- the provider of accommodation (“Accommodation Provider”) (e.g. hotel, motel, apartment, workforce camp, facility operator and any other related product or service that can be reserved/booked using RMS Online), and
- the consumer/guest (“Guest”) who uses RMS Online to place a reservation/booking or makes a purchase that may include processing a payment.
- RMS Online distributes the Accommodation Provider rate, inventory and availability information supplied by each Accommodation Provider to online sales platforms chosen by the Accommodation provider.
RMS Online acts solely as an intermediary between the Accommodation Provider and the online sales platforms.
RMS Online receives reservation/booking information from those online distribution platforms.
RMS Online does not accept any liability for unavailability of rooms or other products/services caused by the Accommodation Provider over-selling their own available inventory.
- When rendering our services, the information that RMS Online discloses to the online sales platforms is the sole responsibility of the Accommodation Provider.
Although RMS Online uses reasonable skill and care in performing its services it does not verify if, and cannot guarantee that, all information is accurate, complete or correct.
Each Accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability).
RMS Online is not responsible for (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the accommodation, product or service that is the subject of the reservation/booking and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Accommodation Provider is solely responsible and assumes all responsibility and liability in respect of the reservation/booking (including any warranties and representations made by the Accommodation Provider). RMS Online is not a (re)seller of the accommodation, product or service that is the subject of the reservation/booking. Complaints or claims in respect of the reservation/booking (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the accommodation Provider. RMS Online is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
- Cancellation and no-show penalties and any other fees or policies relating to changes to reservations/bookings received are determined by and are the responsibility of the Accommodation Provider.
- To the extent permitted by law, neither RMS Online or any of our officers, directors, employees, representatives, subsidiaries, affiliated partners, licensee, agents shall be liable for any:
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation, products or services as provided by the Accommodation Provider,
(iii) the services rendered or the products offered by the Accommodation Provider or other business partners,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the Accommodation Provider or Guest, pursuant to, arising out of or in connection with the use, inability to use or delay of RMS Online,
(v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the Accommodation Provider or Guest, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted by RMS Online or the Accommodation Provider, including any service referrals, cancellation, overbooking, strike, force majeure or any other event beyond our control.
- Bookings received through RMS Online from Guests are received on behalf of the Accommodation Provider.
The Accommodation Provider has sole responsibility for delivery of the services being booked by the guest and the Accommodation Provider fully indemnifies RMS Online for default by the Accommodation Provider.
- Guests, by using RMS Online (e.g. by making a reservation/Booking), enter into a direct (legally binding) contractual relationship with the Accommodation Provider with which you make a reservation/booking or purchase a product or service (as applicable). From the point at which you make your reservation/booking, we act solely as an intermediary between you and the Accommodation Provider, transmitting the relevant details of your reservation/booking to the relevant Accommodation Provider(s).
- Guests, in order to duly complete and secure your reservation/booking, you need to use your correct information that may include email address or phone number. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
- Guests, by using RMS Online you are consenting to us sending you communication in the form of an email or text message either for and on behalf of RMS Online (including any service partner) or the Accommodation Provider. The communication (i) may be sent prior to your arrival giving information on your destination, (ii) may be sent at any time providing you with certain information and offers (including references or links to Accommodation Provider offers and third party offers and services to the extent, where required, that you have actively opted for this information), (iii) may be sent after arrival to rate the (experience with your) Accommodation Provider or RMS Online, and (iv) may be sent to you promptly after your stay inviting you to complete a Guest review form. In all cases Guests may at any time withdraw their consent to receive communications.
- If applicable, certain Accommodation Providers may require reservations/bookings to be paid (wholly or partly as required under the payment policy of the Accommodation Provider) by means of secure online payment. RMS Online requires the use of an approved PCI DSS compliant payment gateway whenever Cardholder data is requested from a Guest using either the RMS Online booking site or when receiving Cardholder data from online sales platforms chosen by the Accommodation provider. Cardholder data refers specifically to the credit card number, along with cardholder name, expiration date and security code provided by the Guest to RMS Online directly or to the online sales platforms chosen by the Accommodation provider at the time the online reservation/booking is made and any payment is taken. The form in which the Guest enters Cardholder data on the RMS Online booking site is provided by the payment gateway. The Guest does not leave the RMS Online booking site, the details do not enter RMS Online and only the payment gateway sees them. The payment gateway then authorises that the card is valid and if successful processes the payment. Once the payment is processed the payment gateway drops a token into RMS Online against the Guest. RMS Online does not receive or store Cardholder data.
- Any payment facilitated by RMS Online will constitute a payment of, or part of, the reservation/booking price and you cannot reclaim such paid monies from RMS Online.
Guest shall not hold RMS Online liable or responsible for any charge made for or on behalf of the Accommodation Provider.
- Any Accommodation Provider who uses the RMS Online API to manage its own ecommerce booking platform (a “Custom Solution) is responsible for PCI DSS compliance and hereby agrees to indemnify and hold RMS Online harmless from any claims, fines, damages (including any direct, indirect, consequential or punitive damages), losses or costs suffered, incurred or paid by the Accommodation Provider or Guest, pursuant to, arising out of or in connection with the Custom Solution and use of the RMS Online API.
- By uploading photos/images onto our system you certify, warrant and agree that you own the copyright to the photos/images and that you agree that RMS Online may use the uploaded photos/images on its platform. You are granting RMS Online a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as RMS Online at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to RMS Online publishing and using these photos/images. RMS Online does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of RMS Online. RMS Online disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by RMS Online at any time and without prior notice.
- These terms and conditions and the provision of our services shall be governed by and construed in accordance with Australian law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their domicile (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: "Mandatory Provisions"). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the state of Victoria, Australia. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled.
- The RMS Online service is rendered by RMS (Aust) Pty Ltd, which is a private limited liability company, incorporated under the laws of Victoria, Australia and having its offices at 116 Harrick Road, Keilor Park, Victoria 3042, Australia.