AVARA AG provides a personalized subscription service that allows our members to access a portal website with individual content (“GUESTCONNECT content”) which is available on TVs, computers and mobile devices (“GUESTCONNECT ready devices”).
These Terms of Use govern your use of our service. As used in these Terms of Use, “GUESTCONNECT service”, “our service” or “the service” means the personalized service provided by GUESTCONNECT for using the website, and user interfaces, as well as all content and software associated with our service.
- Membership
1.1. Your GUESTCONNECT membership will continue until terminated. To use the GUESTCONNECT service you must have Internet access and a GUESTCONNECT ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your GUESTCONNECT membership in the invoice we sent to you.
- Free Trials
2.1. Your GUESTCONNECT membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service.
2.2. Free trial eligibility is determined by GUESTCONNECT at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent GUESTCONNECT membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent GUESTCONNECT membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.
- Billing and Cancellation
3.1. Billing Cycle. The membership fee for the GUESTCONNECT service will be charged on a monthly or annual basis to your Payment Method on the specific billing date indicated on invoice. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.
3.2. Payment Methods. To use the GUESTCONNECT service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3. Updating your Payment Methods. You can update your Payment Methods by contacting us. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your GUESTCONNECT membership at any time, and you will continue to have access to the GUESTCONNECT service through the end of your billing period. To cancel, please send us an email or written latter. If you cancel your membership, your account will automatically close at the end of your current billing period.
3.5. Changes to the Price and Service Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- GUESTCONNECT Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, and a legal representative of the company to become a member of the GUESTCONNECT service. Minors may only use the service under the supervision of an adult.
4.2. The GUESTCONNECT service is for commercial use only. During the GUESTCONNECT membership we grant you a limited, non-exclusive, non-transferable right to access the GUESTCONNECT service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
4.3. You may use an interface from the GUESTCONNECT service to connect to third party IT infrastructure or computer system.
4.4. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the GUESTCONNECT service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the GUESTCONNECT service; use any robot, spider, scraper or other automated means to access the GUESTCONNECT service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the GUESTCONNECT service; insert any code or product or manipulate the content of the GUESTCONNECT service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the GUESTCONNECT service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4.5. The quality of the display of the GUESTCONNECT content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet or network connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
4.6. GUESTCONNECT software is developed by, or for, AVARA and is designed to enable hotel guests to view hotel information on a mobile device. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the GUESTCONNECT software and related third-party software.
- Passwords and Account Access.
The member who created the GUESTCONNECT account and whose Payment Method is charged (the “Account Owner”) has access and control over the GUESTCONNECT account and is responsible for any activity that occurs through the GUESTCONNECT account. To maintain control over the account and to prevent anyone from accessing the account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, GUESTCONNECT or our partners from identity theft or other fraudulent activity.
- Miscellaneous
6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of Germany. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. AVARA will not participate in an alternative dispute procedure before a consumer arbitration board and does not have a legal obligation to do so.
6.2. Unsolicited Materials. AVARA does not accept unsolicited materials or ideas for GUESTCONNECT content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to GUESTCONNECT.
6.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the GUESTCONNECT FAQ on the website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through he remote access tool, and we will assist you through other means.
6.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.5. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notice) in electronic form only, for example via emails to your email address provided during registration.
Last Updated: December 20, 2019