Client Service Agreement
This document represents a public offer from Stars & Sparks (the Contractor) and contains all essential terms and conditions of the services described below.
A person accepting this offer and placing an Order for hotel booking service becomes a Client (the acceptance of this public offer has the force of a legal agreement made on the terms and conditions stipulated in the Agreement), and both the Contractor and the Client become the Parties to this Agreement.
The agreement is made by accepting this offer containing all essential terms and conditions of the Agreement without the signature of the Parties.
Client: an individual or legal entity applying for discount service.
Contractor: Stars & Sparks.
Discount: a special rate offered by the Contractor for room booking and/or payment service at Hyatt, Starwood and InterContinental hotels worldwide.
Service(s): a Contractor’s procedure of providing a special discount rate to the Client for room booking in a hotel of Client’s choice.
Request/Order: a Client’s request placed with the Contractor in writing regarding discount on a room rate in a hotel of Client’s choice.
Standard Room: the most basic / lowest room category. The name of this category may vary depending on hotel.
This Agreement sets out the Client’s right to place an Order with the Contractor for room booking and/or payment Service at Hyatt, Starwood and InterContinental hotels worldwide, offered at special rates, with a discount of at least 20% off the room rate stated on the hotel’s official website. Services are provided according to the procedure and on the terms and conditions stipulated herein.
3.1. Services are provided at Hyatt, InterContinental and Starwood hotel chains and include all brands belonging to these chains worldwide.
3.2. The Discount applies to room rates only and does not apply to other services offered by the hotel.
3.3. The Discount provided under this Agreement applies to Standard Rooms only. Discounts for other room categories are not guaranteed but may be provided at the Client’s individual Request.
3.4. The amount of Discount may depend on the number of guests, dates, available rates, room availability, room type and day of the week, and shall be individually agreed upon with the Client after placing a Request.
3.5. The procedure of providing Discount shall be individually agreed upon with the Client.
3.6. The Discount applies to individual Orders. Group bookings shall be separately agreed upon for a particular Request, and discount terms and conditions may vary.
3.7. The Discount may be guaranteed only upon the availability of vacant rooms in the hotel and if the Discount is applicable. If a room cannot be booked at a discount in a particular hotel for a particular date, the Contractor shall make an alternative offer to the Client.
3.8. The Contractor provides booking service directly to the Client via personal communication.
3.9. In accordance with the Client’s Order, the Contractor agrees to provide Service to the Client by offering the lowest possible room rate according to the procedure, within the timeframe and on the terms and conditions stipulated herein, and the Client agrees to accept and duly pay for the Services.
4.1. The Contractor accepts Orders directly from the Client.
All Orders shall be placed in writing and contain the following information:
4.2. After receiving a Client’s Order, the Contractor shall process it by requesting information regarding the availability of rooms of desired type and the lowest possible room rates during the requested period of stay.
4.3. If a room of the type requested by the Client cannot be booked for whatever reason, the Contractor shall find and offer the Client an alternative.
4.4. After receiving requested information from the hotel, the Contractor shall contact the Client and inform him about the Order processing results: the availability of room and room rate for the requested period of stay.
4.5. The Contractor shall notify the Client in writing about the fulfillment of his Order by e-mailing him the booking number provided by the hotel and the original of hotel booking confirmation.
4.6. The Client shall pay for the Service in accordance with Section 4 hereof.
4.7. Services shall be considered delivered in full after the Contractor completes the steps stipulated in paragraphs 4.5 and 4.6 hereof.
4.8. Services shall be provided in the shortest possible time, taking into account the time necessary to receive official confirmation from the hotel. The Contractor cannot expedite the Order processing by the hotel and cannot be held liable if the Client did not receive the Service on time due to late confirmation of booking by the hotel. If no confirmation is received from the hotel within the timeframe agreed upon with the Client, the Contractor shall offer the Client an alternative.
4.9. The Contractor is able to provide the same-day response to Client’s urgent requests, but cannot be held liable for the late delivery of Service occurring through no Contractor’s fault (delays caused by hotel’s personnel, errors on hotels’ official websites, delays in online booking systems, etc.).
4.10. The room availability and rates at the hotel change daily. The Contractor can guarantee a Discount offer only for the date and period stated in the Order.
4.11. In the event of any disputes or unforeseen situations occurring at the hotel at the time of check-in, the Client shall contact the Contractor directly to receive the appropriate consultation.
5.1. The procedure of settling debt between the Client and Contractor depends on the room booking method.
5.2. If the Contractor pays for the room with own funds upon booking, the Client agrees to reimburse the room price directly to the Contractor.
In that case, the amount due is equal to the discounted price of the booked room (the amount quoted to the Client after receiving information from the hotel), the Contractor shall charge no additional fees to the Client, and the Client is not required to make any additional payment for the room.
5.3. If payment cannot be made using the aforementioned method, the Contractor shall book a room for the Client at a discounted price, and the Client is required to make payment to the hotel himself upon check-in.
In that case, the Client agrees to pay the Contractor a fee (quoted to the Client after receiving information from the hotel) for the booking Service.
5.4. The Contractor determines the booking and payment methods individually for every separate Order and shall agree these methods with the Client.
5.5. The Client shall pay the room price or the fee mentioned in paragraphs 5.2 and 5.3 hereof by:
5.6. Any additional (other than accommodation) services provided to the Client by the hotel shall not constitute the subject of this Agreement.
5.7. The Client agrees to settle debt with the Contractor in full within 24 hours after check-in time, except on the weekends/holidays/late arrivals, when the payment period may be extended to 48 hours.
5.8. The Client is responsible for payment of bank fees and fees charged by other money transfer systems separately from the price for Contractor’s Services.
6.1. The Client may change any information stated in an Order or additionally communicated to the Contractor when placing an Order before receiving the official booking confirmation from the hotel. After the official hotel booking confirmation is received, no changes may be accepted from the Client.
6.2. If the Client cancels his stay, the Contractor shall act according to the hotel’s booking cancelation policy.
6.3. The Client agrees to notify about cancelation of Service as soon as possible, but at least one day prior to check-in date.
6.4. The applicable penalty is payable according to the hotel’s fee schedule and booking cancelation policy.
7.1. The Client has the right to:
7.2. The Client shall:
The Parties have agreed that by placing an Order, the Client acknowledges that he read and accepts the terms and conditions of this Agreement;
7.3. The Contractor has the right to:
7.4. The Contractor shall:
8.1. Both Parties are responsible for the proper performance of this Agreement.
8.2. The Client is responsible for correct completion of Orders and the accuracy of information required to provide Services.
8.3. The Client shall reimburse full amount of Contractor’s actual expenses (bank fees, money transfer fees) incurred in the course of performance of Contractor’s obligations under this Agreement.
8.4. The Contractor cannot be held liable for late delivery of Services to the Client occurring through no Contractor’s fault (delays caused by the hotel’s personnel, etc.).
8.5. The Parties cannot be held liable for the complete or partial failure to fulfill their obligations under this Agreement, if this failure was caused by force majeure circumstances occurring after the effective date hereof as a result of extraordinary events which the Parties could neither foresee nor prevent by reasonable efforts.
In particular, force majeure circumstances include:
8.6. The Parties shall notify each other about the occurrence of force majeure circumstances within three business days after occurrence date.
8.7. In the event of force majeure circumstances, the timeframes for the fulfillment of obligations under this Agreement shall be extended for the duration of these circumstances and their consequences.
Any and all disputes concerning the performance of this Agreement shall be resolved by negotiation. If no agreement could be reached in a particular dispute, the Parties shall seek resolution of this dispute in the London Court of International Arbitration in accordance with English law.
10.1. This Agreement enters into force at the time of placing an Order, is valid for the duration of Service provision period, and expires upon receipt of payment by the Contractor.
10.2. The grounds for and procedure of termination of this Agreement are regulated by English law and the arrangement of the Parties. A Party desirous of terminating this Agreement shall give the other Party an advance written notice of Agreement termination.