Legal
Otterly Booked — Terms of Service
These Terms govern the provision of the Otterly Booked service by Otterly Booked Limited, a company registered in England and Wales (company number 17285025) with its registered office at 124–128 City Road, London, EC1V 2NX, England (“we”, “us”), to the business that accepts them (“you”).
1.The Service
We provide a revenue management service for independent hotels. We monitor your competitor set, log into your property management system, channel manager and connected booking platforms to update room rates on your behalf, and make rate changes on an ad-hoc basis as market conditions warrant.
2.Fees and Payment
Our fees for the Service are those published at otterlybooked.com/pricing (or such other page on otterlybooked.com as we may notify to you), plus any applicable VAT, unless otherwise agreed in writing. We may also offer additional services from time to time, charged at the rates published on otterlybooked.com or as otherwise agreed in writing. We may change our fees and the services we offer; the fees that apply to you are those published on the date your most recent invoice is issued, and we will email you before any change to the fees payable by you. Fees are invoiced monthly in advance and are due on receipt of invoice.
3.Term and Termination
Your service starts on the date we receive payment of your first invoice and runs on a rolling monthly basis. Either party may terminate at any time with immediate effect by written notice (email is sufficient). Fees already paid are non-refundable.
4.Your Responsibilities
You will maintain our access to your systems, notify us promptly of anything affecting pricing (closures, refurbishments, events, distribution changes), and confirm you are authorised to grant us this access. You remain responsible for the rates published in your name; we act as your agent in updating them.
5.Our Responsibilities
We will perform the Service with reasonable skill and care, and keep your credentials and commercial information confidential. We do not guarantee any specific revenue, occupancy or rate outcome.
6.Liability and Indemnity
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law. Subject to that: (a) our total liability to you in any 12-month period is limited to the fees paid by you to us in the 1 month preceding the event giving rise to the claim; (b) we are not liable for indirect or consequential loss, or for loss of profits, revenue, bookings or goodwill; and (c) we are not liable for the performance, availability, accuracy or pricing of any third-party system or platform (including property management systems, channel managers and online travel agents). You will indemnify us against any third-party claims, losses or costs arising from your instructions, the data you provide to us, or any use of the Service in breach of these Terms.
7.Confidentiality, Data and Changes
Each party will keep the other’s confidential information confidential and comply with applicable data protection law. We may use anonymised and aggregated data derived from your use of the Service to improve our service and pricing models. We may update these Terms; the version that applies to you is the one published at otterlybooked.com/terms on the date your most recent invoice is issued. We will email you before any material change.
Data processing. Your systems may contain personal data about your guests. We access your systems only to deliver the Service, and we do not download, copy, store or make any use of guest personal data. To the extent we incidentally view guest personal data while working in your systems, we do so as your data processor, on your instructions, will keep it confidential, and will not retain it. We protect the credentials you give us, and if we believe those credentials or our access to your systems have been compromised we will notify you promptly. You remain the data controller for all guest personal data in your systems, you confirm you are entitled to give us the access you provide, and you are responsible for your own compliance with data protection law in respect of your guests. How we handle personal data generally is described in our Privacy Policy.
8.General
Neither party is liable for any delay or failure caused by events beyond its reasonable control (including failures of third-party systems, internet outages, or acts of God). These Terms are the entire agreement between us on this subject and are governed by the laws of England and Wales, with exclusive jurisdiction of the courts of England and Wales.
Acceptance. You accept these Terms by paying any invoice issued to you by Otterly Booked.